SB 56 — Revise medical and adult-use marijuana laws; levy marijuana taxes

(c) The relationship of the offense to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation;

(d) Any evidence of mitigating rehabilitation or treatment undertaken by the individual, including whether the individual has been issued a certificate of qualification for employment under section 2953.25 of the Revised Code or a certificate of achievement and employability under section 2961.22 of the Revised Code;

(e) Whether the denial of a license is reasonably necessary to ensure public safety.

(2) A licensing authority may take a disqualifying offense included in the list established under division (B) of this section into account only during the following time periods:

(a) For a conviction of, judicial finding of guilt of, or plea of guilty to a disqualifying offense that does not involve a breach of fiduciary duty and that is not an offense of violence or a sexually oriented offense, whichever of the following is later, provided the individual was not convicted of, found guilty pursuant to a judicial finding of guilt of, and did not enter a plea of guilty to any other offense during the applicable period:

(i) Five years from the date of conviction, judicial finding of guilt, or plea of guilty;

Am.

Sub.

56 Page136th 4G.A. As Passed by the Senate (C)(1) Except as provided in division (C)(2) or (D) of 81 this section and subject to division (L) of this section, a 82 licensing authority shall not refuse to issue an initial license 83 to an individual based on any of the following:

84(ii) (a)Five Solelyyears orfrom inthe partdate on a conviction of, judicial finding 85 of guiltthe of,release orfrom pleaincarceration; of guilty to an offense;

86(iii) (b)The Atime criminalperiod chargespecified that does not result in adivision 87(D)(3) conviction, judicial finding of guilt,this orsection. plea of guilty;

88(b) (c)For Aa nonspecificconviction qualificationof, suchjudicial asfinding "moralof turpitude"guilt 89of, or lackplea of "moralguilty character";to a disqualifying offense that involves a breach of fiduciary duty and that is not an offense of violence or a sexually oriented offense, whichever of the following is later, provided the individual was not convicted of, found guilty pursuant to a judicial finding of guilt of, and did not enter a plea of guilty to any other offense during the applicable period:

90(i) (d)Ten Ayears disqualifyingfrom offense included in the listdate 91 established under division (B) of thisconviction, section,judicial iffinding consideration 92 of thatguilt, offenseor occursplea after the time periods permitted in 93 division (D) of thisguilty; section.

94(ii) (2)Ten Ifyears thefrom individual was convicted of, found guilty 95 pursuant to a judicial finding of guilt of, or pleaded guilty to 96 a disqualifying offense included in the listdate established under 97 division (B) of this section for the licenserelease forfrom whichincarceration; the 98 individual applied, the licensing authority may take the 99 conviction, judicial finding of guilt, or plea of guilty into 100 consideration in accordance with division (D) of this section.

101(iii) (D)(1)The Atime licensingperiod authorityspecified thatin may, under division (C)(D)(4) 102 (2) of this section,section. consider a conviction of, judicial finding 103 of guilt of, or plea of guilty to an offense in determining 104 whether to refuse to issue an initial license to an individual 105 shall consider all of the following factors and shall use a 106 preponderance of the evidence standard in evaluating those 107 factors to determine whether the conviction, judicial finding of 108 guilt, or plea of guilty disqualifies the individual from 109 Sub.

(c) For a conviction of, judicial finding of guilt of, or plea of guilty to a disqualifying offense that is an offense of violence or a sexually oriented offense, any time.

(3) If an individual is subject to a community control sanction, parole, or post-release control sanction based on a conviction of, judicial finding of guilt of, or plea of guilty to a disqualifying offense included in the list established under division (B) of this section that is not an offense of violence or a sexually oriented offense, a licensing authority may take the offense into account during the following time periods:

(a) If the community control sanction, parole, or post-release control sanction was for a term of less than five years, the period of the community control sanction, parole, or post-release control sanction plus the number of years after the date of final discharge of the community control sanction, parole, or post-release control sanction necessary to equal five years;

(b) If the community control sanction, parole, or post-release control sanction was for a term of five years or more, the period of the community control sanction, parole, or post-release control sanction.

(4) If an individual is subject to a community control sanction, parole, or post-release control sanction based on a conviction of, judicial finding of guilt of, or plea of guilty to a disqualifying offense included in the list established under division (B) of this section that involved a breach of fiduciary duty and that is not an offense of violence or a sexually oriented offense, a licensing authority may take the offense into account during the following time periods:

(a) If the community control sanction, parole, or post-release control sanction was for a term of less than ten years, for the period of the community control sanction, parole, or post-release control sanction plus the number of years after the date of final discharge of the community control sanction, parole, or post-release control sanction necessary to equal ten years;

(b) If the community control sanction, parole, or post-release control sanction was for a term of ten years or more, the period of the community control sanction, parole, or post-release control sanction.

(E) If a licensing authority refuses to issue an initial license to an individual pursuant to division (D) of this section, the licensing authority shall notify the individual in writing of all of the Am.

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56 Page136th 5G.A. As Passed by the Senate receiving the license:

110following: (a) The nature and seriousness of the offense for which 111 the individual was convicted, found guilty pursuant to a 112 judicial finding of guilt, or pleaded guilty;

113(1) (b) The passagegrounds and reasons for the refusal, including an explanation of timethe sincelicensing authority's application of the individualfactors committedunder division (D) of this section to the 114evidence offense;the licensing authority used to reach the decision;

115(2) (c) The relationshipindividual's ofright the offense to thea ability,hearing 116regarding capacity, and fitness required to perform the dutieslicensing andauthority's 117decision dischargeunder thesection responsibilities119.06 of the occupation;Revised Code;

118(3) (d)The Anyearliest evidencedate of mitigating rehabilitation or treatment 119 undertaken by the individual, including whether the individual 120may hasreapply been issued a certificate of qualification for employment 121 under section 2953.25 of the Revised Code or a certificatelicense; of 122 achievement and employability under section 2961.22 of the 123 Revised Code;

124(4) (e)Notice Whetherthat theevidence denial of arehabilitation licensemay isbe reasonablyconsidered 125on necessaryreapplication. to ensure public safety.

126(F) (2)In Aan administrative hearing or civil action reviewing a licensing authority's refusal under divisions (B) to (K) of this section to issue an initial license to an individual, the licensing authority mayhas takethe aburden disqualifyingof offenseproof 127on includedthe inquestion of whether the listindividual's establishedconviction underof, divisionjudicial (B)finding of thisguilt 128of, sectionor intoplea accountof onlyguilty duringto thean followingoffense timedirectly periods:relates to the licensed occupation.

129(G) (a)A Forlicensing aauthority convictionthat of,is judicialauthorized findingby oflaw guiltto of,limit or 130otherwise pleaplace ofrestrictions guiltyon to a disqualifyinglicense offensemay thatdo doesso notto involvecomply 131with athe breachterms of fiduciary duty and thatconditions is not an offense of 132 violence or a sexuallycommunity orientedcontrol offense,sanction, whicheverpost- ofrelease thecontrol 133sanction, followingor isan later,intervention providedplan theestablished individualin wasaccordance notwith convictedsection 1342951.041 of, found guilty pursuant to a judicial finding of guilt of, and 135 did not enter a plea of guilty to any other offense during the 136Revised applicableCode. period:

137(H) Sub.Each licensing authority shall adopt any rules that it determines are necessary to implement divisions (B) to (F) of this section.

(I) Divisions (B) to (K) of this section do not apply to any of the following:

(1) Any position for which appointment requires compliance with section 109.77 of the Revised Code or in which an individual may satisfy the requirements for appointment or election by complying with that section;

(2) Any position for which federal law requires disqualification from licensure or employment based on a conviction of, judicial finding of guilt of, or plea of guilty to an offense;

(3) Community-based long-term care services certificates and community-based long-term care services contracts or grants issued under section 173.381 of the Revised Code;

(4) Certifications of a provider to provide community-based long-term care services under section 173.391 of the Revised Code;

(5) Certificates of authority to a health insuring corporation issued under section 1751.05 of the Revised Code;

(6) Licenses to operate a home or residential care facility issued under section 3721.07 of the Revised Code;

(7) Certificates of authority to make contracts of indemnity issued under section 3931.10 of the Revised Code;

(8) Supported living certificates issued under section 5123.161 of the Revised Code;

(9) Certificates to administer medications and perform health-related activities under section 5123.45 of the Revised Code;

(10) Licenses issued by the division of cannabis control under Chapter 3796.

of the Revised Am.

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56 Page136th 6G.A. As Passed by the Senate (i) Five years from the date of conviction, judicial 138 finding of guilt, or plea of guilty;

139Code. (ii) Five years from the date of the release from 140 incarceration;

141(J) (iii)Nothing Thein timedivisions period(B) specifiedto in(K) divisionof (D)(3)this section prohibits a licensing authority from considering either of thisthe 142following section.when making a determination whether to issue a license to an individual:

143(1) (b)Past Fordisciplinary aaction convictiontaken of,by judicial finding of guilt of, or 144 plea of guilty to a disqualifying offense that involves a breach 145 of fiduciary duty and that is not an offense of violence or a 146 sexually oriented offense, whichever of the followinglicensing isauthority later,against 147 provided the individualindividual; was not convicted of, found guilty 148 pursuant to a judicial finding of guilt of, and did not enter a 149 plea of guilty to any other offense during the applicable 150 period:

151(2) (i)Past Tendisciplinary yearsaction fromtaken against the dateindividual ofby conviction,an judicialauthority 152in findinganother ofstate guilt,that orissues pleaa oflicense guilty;that is substantially similar to the license for which the individual applies.

153(K) (ii)Notwithstanding Tenany yearsprovision fromof the dateRevised Code to the contrary, if a licensing authority issues a license to an individual after considering a conviction of, judicial finding of guilt of, or plea of guilty to an offense under division (D) of this section, the releaselicensing fromauthority 154shall incarceration;not refuse to renew the individual's license based on that conviction, judicial finding of guilt, or plea of guilty.

155(L)(1) (iii)Notwithstanding Theany timeprovision periodof specifiedthe inRevised Code to the contrary, subject to division (D)(4)(G) of this 156section, section.during the period commencing on the effective date of this amendment April 4, 2023, and ending on the date that is two years after the effective date of this amendment April 4, 2025, no licensing authority shall refuse to issue a license to a person, limit or otherwise place restrictions on a person's license, or suspend or revoke a person's license under any provision of the Revised Code that takes effect on or after the effective date of this amendment and prior to the date that is two years after the effective date of this amendment and that requires or authorizes such a refusal, limitation, restriction, suspension, or revocation as a result of the person's conviction of, judicial finding of guilt of, or plea of guilty to an offense.

157(2) (c)Divisions For(B) ato conviction(F), of,and judicial(H) findingto (K), of guiltthis of,section do not apply with respect to any provision of the Revised Code that takes effect on or 158after pleathe effective date of guiltythis toamendment aand disqualifyingprior offenseto the date that is antwo offenseyears after the effective date of 159this violenceamendment and that requires or authorizes a sexuallylicensing orientedauthority offense,to anyrefuse time.to issue a license to a person, to limit or otherwise place restrictions on a person's license, or to suspend or revoke a person's license as a result of the person's conviction of, judicial finding of guilt of, or plea of guilty to an offense.

160Sec. (3) If an individual is subject to a community control 161 sanction, parole, or post-release control sanction based on a 162 conviction of, judicial finding of guilt of, or plea of guilty 163 to a disqualifying offense included in the list established 164 under division (B) of this section that is not an offense of 165 Sub.

109.572.

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

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, Am.

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56 Page136th 7G.A. As Passed by the Senate violence or a sexually oriented offense, a licensing authority 166 may take the offense into account during the following time 167 periods:

1682911.02, (a)2911.11, If2911.12, the2919.12, community2919.22, control2919.24, sanction,2919.25, parole,2923.12, or2923.13, post-2923.161, 1692923.17, release2923.21, control2923.42, sanction2925.02, was2925.03, for2925.04, a2925.041, term2925.05, of2925.06, less2925.13, than2925.22, five2925.23, years,2925.24, 1702925.31, the2925.32, period2925.36, 2925.37, or 3716.11 of the communityRevised controlCode, sanction,felonious parole,sexual orpenetration post-in 171violation releaseof controlformer sanctionsection plus2907.12 of the numberRevised Code, a violation of yearssection after2905.04 of the dateRevised 172Code as it existed prior to July 1, 1996, a violation of finalsection discharge2919.23 of the communityRevised controlCode sanction,that parole,would orhave 173been post-releasea controlviolation sanctionof necessarysection 2905.04 of the Revised Code as it existed prior to equalJuly five1, years;1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

174 (b) IfA theviolation communityof controlan sanction,existing parole, or post-former 175law releaseof controlthis sanctionstate, wasany forother astate, termor ofthe fiveUnited yearsStates orthat more,is 176substantially theequivalent periodto any of the communityoffenses controllisted sanction,in parole,division or(A)(1)(a) post-of 177this releasesection; control sanction.

178(c) (4) If anthe individualrequest is subjectmade pursuant to asection community3319.39 control 179 sanction, parole, or post-release control sanction based on a 180 conviction of, judicial finding of guiltthe of,Revised orCode pleafor ofan guiltyapplicant 181who tois a disqualifyingteacher, any offense includedspecified in the list established 182 under division (B) of this section that9.79 involved a breach of 183the fiduciaryRevised dutyCode andor thatin issection not3319.31 an offense of violence or a 184 sexually oriented offense, a licensing authority may take the 185Revised offenseCode. into account during the following time periods:

186(2) (a)On Ifreceipt theof communitya controlrequest sanction,pursuant parole,to orsection post-3712.09 187or release3721.121 controlof sanctionthe wasRevised forCode, a termcompleted ofform lessprescribed thanpursuant tento years,division 188(C)(1) forof thethis periodsection, ofand thea communityset controlof sanction,fingerprint parole,impressions orobtained 189in post-releasethe controlmanner sanctiondescribed plusin thedivision number(C)(2) of yearsthis aftersection, the 190superintendent date of finalthe dischargebureau of thecriminal communityidentification controland sanction,investigation 191shall parole,conduct ora post-releasecriminal controlrecords sanctioncheck necessarywith respect to equalany tenperson 192who years;has applied for employment in a position for which a criminal records check is required by those sections.

193The (b)superintendent Ifshall conduct the communitycriminal controlrecords sanction,check parole,in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or post-pleaded 194guilty Sub.to any of the following:

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

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

(3) On receipt of a request pursuant to section 173.27, 173.38, 173.381, 3740.11, 5119.34, 5164.34, 5164.341, 5164.342, 5123.081, or 5123.169 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check of the person for whom the request is made.

The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of, has pleaded guilty Am.

Sub.

56 Page136th 8G.A. As Passed by the Senate release control sanction was for a term of ten years or more, 195 the period of the community control sanction, parole, or post- 196 release control sanction.

197to, (E)or If(except ain licensingthe authoritycase refusesof a request pursuant to issuesection an5164.34, initial5164.341, 198or license5164.342 toof anthe individualRevised pursuantCode) tohas divisionbeen (D)found eligible for intervention in lieu of thisconviction 199for section,any of the licensingfollowing, authorityregardless shallof notifythe date of the individualconviction, the date of entry of the guilty plea, or (except in 200the writingcase of alla request pursuant to section 5164.34, 5164.341, or 5164.342 of the following:Revised Code) the date the person was found eligible for intervention in lieu of conviction:

201(a) (1)A Theviolation groundsof andsection reasons959.13, for959.131, the2903.01, refusal,2903.02, including2903.03, an2903.04, 2022903.041, explanation2903.11, of2903.12, the2903.13, licensing2903.15, authority's2903.16, application2903.21, of2903.211, the2903.22, 2032903.34, factors2903.341, under2905.01, division2905.02, (D)2905.05, of2905.11, this2905.12, section2905.32, to2905.33, the2907.02, evidence2907.03, the2907.04, 2042907.05, licensing2907.06, authority2907.07, used2907.08, to2907.09, reach2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.121, 2919.123, 2919.124, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, 2921.11, 2921.12, 2921.13, 2921.21, 2921.24, 2921.32, 2921.321, 2921.34, 2921.35, 2921.36, 2921.51, 2923.12, 2923.122, 2923.123, 2923.13, 2923.161, 2923.162, 2923.21, 2923.32, 2923.42, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.09, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, 2925.24, 2925.36, 2925.55, 2925.56, 2927.12, or 3716.11 of the decision;Revised Code;

205(b) (2)Felonious Thesexual individual'spenetration rightin toviolation aof hearingformer regarding the 206 licensing authority's decision under section 119.062907.12 of the 207 Revised Code;

208(c) (3)A Theviolation earliestof datesection 2905.04 of the individualRevised mayCode reapplyas forit aexisted 209prior license;to July 1, 1996;

210(d) (4)A Noticeviolation of section 2923.01, 2923.02, or 2923.03 of the Revised Code when the underlying offense that evidenceis the object of rehabilitationthe mayconspiracy, beattempt, 211or consideredcomplicity onis reapplication.one of the offenses listed in divisions (A)(3)(a) to (c) of this section;

212(e) (F)A Inviolation of an administrativeexisting hearing or civilformer actionmunicipal reviewingordinance 213or alaw licensing authority's refusal under divisions (B) to (K) of 214 this sectionstate, toany issueother anstate, initialor license to an individual, the 215United licensingStates authoritythat hasis thesubstantially burdenequivalent ofto proofany on the question of 216 whether the individual'soffenses convictionlisted of,in judicialdivisions finding(A) of(3)(a) 217to guilt(d) of, or plea of guiltythis tosection. an offense directly relates to 218 the licensed occupation.

219(4) (G)On Areceipt licensingof authoritya thatrequest ispursuant authorized by law to 220section limit2151.86, 2151.904, or otherwise5103.053 placeof restrictionsthe onRevised Code, a licensecompleted mayform doprescribed sopursuant to 221division comply(C)(1) withof thethis termssection, and conditionsa set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a communitycriminal controlrecords 222check sanction,in post-releasethe controlmanner sanction,described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or anpleaded interventionguilty planto 223any Sub.of the following:

(a) A violation of section 959.13, 2151.421, 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.06, 2903.08, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, 2903.211, 2903.22, 2903.32, 2903.34, 2905.01, 2905.02, 2905.05, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, 2911.01, Am.

Sub.

56 Page136th 9G.A. As Passed by the Senate established in accordance with section 2951.041 of the Revised 224 Code.

2252911.02, (H)2911.11, Each2911.12, licensing2913.49, authority2917.01, shall2917.02, adopt2919.12, any2919.22, rules2919.24, that2919.25, 2923.12, 2923.13, 2923.161, 2923.17, 2923.21, 2925.02, 2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22, 2925.23, 2925.24, 2925.31, 2925.32, 2925.36, 2925.37, 2927.12, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it 226existed determinesprior areto necessaryJuly 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to implementJuly divisions1, (B)1996, had the violation been committed prior to (F)that date, a violation of 227section this2925.11 section.of the Revised Code that is not a minor drug possession offense, two or more OVI or OVUAC violations committed within the three years immediately preceding the submission of the application or petition that is the basis of the request, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code, or a violation of Chapter 2919.

228 (I) Divisions (B) to (K) of thisthe sectionRevised doCode notthat applyis toa 229felony; any of the following:

230(b) (1)A Anyviolation positionof foran whichexisting appointmentor requiresformer compliancelaw 231of withthis sectionstate, 109.77any ofother thestate, Revised Code or inthe whichUnited anStates 232that individualis maysubstantially satisfyequivalent theto requirementsany forof appointmentthe oroffenses 233listed electionin bydivision complying(A)(4)(a) withof thatthis section;section.

234(5) (2)Upon Anyreceipt positionof fora whichrequest federalpursuant lawto requiressection 2355104.013 disqualificationof fromthe licensureRevised orCode, employmenta basedcompleted onform prescribed pursuant to division (C)(1) of this section, and a 236set convictionof of,fingerprint judicialimpressions findingobtained in the manner described in division (C)(2) of guiltthis of,section, orthe pleasuperintendent of guiltythe 237bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to andetermine offense;whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:

238(a) (3)A Community-basedviolation long-termof caresection services2151.421, certificates2903.01, 2392903.02, and2903.03, community-based2903.04, long-term2903.11, care2903.12, services2903.13, contracts2903.16, 2903.21, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.19, 2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, 2919.22, 2919.224, 2919.225, 2919.24, 2919.25, 2921.03, 2921.11, 2921.13, 2921.14, 2921.34, 2921.35, 2923.01, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or grants3716.11 240of issuedthe underRevised Code, felonious sexual penetration in violation of former section 173.3812907.12 of the Revised Code;Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.

241Am. (4) Certifications of a provider to provide community- 242 based long-term care services under section 173.391 of the 243 Revised Code;

244Sub. (5) Certificates of authority to a health insuring 245 corporation issued under section 1751.05 of the Revised Code;

246 (6) Licenses to operate a home or residential care 247 facility issued under section 3721.07 of the Revised Code;

248 (7) Certificates of authority to make contracts of 249 indemnity issued under section 3931.10 of the Revised Code;

250 Sub.

56 Page136th 10G.A. As Passed by the Senate (8) Supported living certificates issued under section 251 5123.161 of the Revised Code;

252(b) (9)A Certificatesviolation toof administeran medicationsexisting andor performformer 253law health-relatedof activitiesthis understate, sectionany 5123.45other state, or the United States that is substantially equivalent to any of the Revisedoffenses 254or Code;violations described in division (A)(5)(a) of this section.

255(6) (10)Upon Licensesreceipt issuedof bya request pursuant to section 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of cannabisthis controlsection, 256and undera Chaptersset 3780.of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

and(a) 3796.A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

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

257(7) (J)On Nothingreceipt inof divisionsa (B)request for a criminal records check from an individual pursuant to (K)section 4749.03 or 4749.06 of the Revised Code, accompanied by a completed copy of the form prescribed in division (C)(1) of this section 258and prohibitsa set of fingerprint impressions obtained in a licensingmanner authoritydescribed fromin consideringdivision either(C)(2) of this section, the 259superintendent followingof whenthe makingbureau of criminal identification and investigation shall conduct a determinationcriminal whetherrecords check in the manner described in division (B) of this section to issuedetermine awhether licenseany 260information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to anany individual:criminal offense in this state or in any other state.

261If (1)the Pastindividual disciplinaryindicates actionthat takena byfirearm will be carried in the licensingcourse 262of authoritybusiness, againstthe superintendent shall require information from the individual;federal bureau of investigation as described in division (B)(2) of this section.

263Subject (2)to Pastdivision disciplinary(F) actionof takenthis againstsection, the individualsuperintendent 264shall byreport anthe authorityfindings inof anotherthe statecriminal thatrecords issuescheck aand licenseany thatinformation isthe 265federal substantiallybureau similarof toinvestigation theprovides licenseto for which the individualdirector 266of applies.public safety.

267(8) (K)On Notwithstandingreceipt any provision of thea Revisedrequest Codepursuant to 268section the1321.37, contrary,1321.53, ifor a4763.05 licensingof authoritythe issuesRevised aCode, license to an 269 individual after considering a convictioncompleted of,form judicialprescribed findingpursuant 270 of guilt of, or plea of guilty to an offense under division (D)(C)(1) 271 of this section, theand licensinga authorityset shallof notfingerprint refuseimpressions toobtained 272in renew the individual'smanner licensedescribed basedin ondivision that(C)(2) conviction, 273 judicial finding of guilt,this orsection, pleathe ofAm. guilty.

274 (L)(1) Notwithstanding any provision of the Revised Code 275 to the contrary, subject to division (G) of this section, during 276 the period commencing on the effective date of this amendment 277 April 4, 2023, and ending on the date that is two years after 278 the effective date of this amendment April 4, 2025, no licensing 279 Sub.

56 Page136th 11G.A. As Passed by the Senate authority shall refuse to issue a license to a person, limit or 280 otherwise place restrictions on a person's license, or suspend 281 or revoke a person's license under any provision of the Revised 282 Code that takes effect on or after the effective date of this 283 amendment and prior to the date that is two years after the 284 effective date of this amendment and that requires or authorizes 285 such a refusal, limitation, restriction, suspension, or 286 revocation as a result of the person's conviction of, judicial 287 finding of guilt of, or plea of guilty to an offense.

288superintendent (2) Divisions (B) to (F), and (H) to (K), of this section 289 do not apply with respect to any provision of the Revisedbureau Code 290 that takes effect on or after the effective date of thiscriminal 291identification amendment and priorinvestigation toshall theconduct date that is two years after the 292 effective date of this amendment and that requires or authorizes 293 a licensingcriminal authorityrecords tocheck refusewith torespect issue a license to aany person,person 294who tohas limitapplied orfor otherwise place restrictions on a person's license, 295permit, or tocertification suspendfrom or revoke a person's license as a result of the 296department person's conviction of, judicial finding of guiltcommerce of, or pleaa ofdivision 297in guiltythe todepartment. an offense.

298The Sec.superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense in this state, any other state, or the United States.

121.04.(9) On receipt of a request for a criminal records check from the treasurer of state under section 113.041 of the Revised Code or from an individual under section 928.03, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4729.53, 4729.90, 4729.92, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4747.051, 4751.20, 4751.201, 4751.21, 4753.061, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4774.031, 4774.06, 4776.021, 4778.04, 4778.07, 4779.091, or 4783.04 of the Revised Code, accompanied by a completed form prescribed under division (C)(1) of this section and a set of fingerprint impressions obtained in the manner described in division (C) (2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or any other state.

OfficesSubject areto createddivision within(F) of this section, the severalsuperintendent 299shall departmentssend asthe follows:results of a check requested under section 113.041 of the Revised Code to the treasurer of state and shall send the results of a check requested under any of the other listed sections to the licensing board specified by the individual in the request.

300(10) InOn receipt of a request pursuant to section 124.74, 718.131, 1121.23, 1315.141, 1733.47, or 1761.26 of the departmentRevised Code, a completed form prescribed pursuant to division (C)(1) of commerce:this section, and a set of fingerprint impressions obtained in the manner described in division (C) (2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any criminal offense under any existing or former law of this state, any other state, or the United States.

301(11) CommissionerOn receipt of securities;a request for a criminal records check from an appointing or licensing authority under section 3772.07 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any offense under Am.

302Sub. Superintendent of real estate and professional 303 licensing;

304 Superintendent of financial institutions;

305 State fire marshal;

306 Superintendent of industrial compliance;

307 Sub.

56 Page136th 12G.A. As Passed by the Senate Superintendent of liquor control;

308any Superintendentexisting or former law of unclaimedthis funds;state, any other state, or the United States that makes the person ineligible for appointment or retention under section 3772.07 of the Revised Code or that is a disqualifying offense as defined in that section or substantially equivalent to a disqualifying offense, as applicable.

309(12) SuperintendentOn receipt of marijuanaa cannabisrequest control.pursuant to section 2151.33 or 2151.412 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person for whom a criminal records check is required under that section.

310The Insuperintendent shall conduct the departmentcriminal records check in the manner described in division (B) of administrativethis services:section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

311(a) EqualA employmentviolation opportunityof coordinator.section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;

312(b) InAn existing or former law of this state, any other state, or the departmentUnited States that is substantially equivalent to any of agriculture:the offenses listed in division (A)(12)(a) of this section.

313(13) ChiefsOn receipt of divisionsa request pursuant to section 3796.12 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to a disqualifying offense as follows:specified in rules adopted under section 9.79 and division (B)(2)(b) of section 3796.03 of the Revised Code if the person who is the subject of the request is an administrator or other person responsible for the daily operation of, or an owner or prospective owner, officer or prospective officer, or board member or prospective board member of, an entity seeking a license from the department of commerce under Chapter 3796.

314of Administration;the Revised Code.

315(14) AnimalOn health;receipt of a request required by section 3796.13 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in a manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to a disqualifying offense as specified in rules adopted under section 9.79 and division (B)(14)(a)(B) Am.

316Sub. Livestock environmental permitting;

317 Soil and water conservation;

318 Dairy;

319 Food safety;

320 Plant health;

321 Markets;

322 Meat inspection;

323 Consumer protection laboratory;

324 Amusement ride safety;

325 Enforcement;

326 Weights and measures.

327 In the department of natural resources:

328 Chiefs of divisions as follows:

329 Sub.

56 Page136th 13G.A. As Passed by the Senate Mineral resources management;

330of Oilsection and3796.03 gasof resourcesthe management;Revised Code if the person who is the subject of the request is seeking employment with an entity licensed by the department of commerce under Chapter 3796.

331of Forestry;the Revised Code.

332(15) NaturalOn areasreceipt of a request pursuant to section 4768.06 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and preserves;a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in this state or in any other state.

333(16) Wildlife;On receipt of a request pursuant to division (B) of section 4764.07 or division (A) of section 4735.143 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty to any criminal offense in any state or the United States.

334(17) GeologicalOn survey;receipt of a request for a criminal records check under section 147.022 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner prescribed in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty or no contest to any criminal offense under any existing or former law of this state, any other state, or the United States.

335(18) ParksUpon receipt of a request pursuant to division (F) of section 2915.081 or division (E) of section 2915.082 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and watercraft;a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists indicating that the person who is the subject of the request has been convicted of or pleaded guilty or no contest to any offense that is a violation of Chapter 2915.

336of Waterthe resources;Revised Code or to any offense under any existing or former law of this state, any other state, or the United States that is substantially equivalent to such an offense.

337(19) Engineering.On receipt of a request pursuant to section 3775.03 of the Revised Code, a completed form prescribed under division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in Am.

338Sub. In the department of insurance:

339 Deputy superintendent of insurance;

340 Assistant superintendent of insurance, 341 technical;

342 Assistant superintendent of insurance, 343 administrative;

344 Assistant superintendent of insurance, research.

345 Sec.

121.08.

(A) There is hereby created in the department 346 of commerce the position of deputy director of administration.

347 This officer shall be appointed by the director of commerce, 348 serve under the director's direction, supervision, and control, 349 perform the duties the director prescribes, and hold office 350 during the director's pleasure.

The director of commerce may 351 designate an assistant director of commerce to serve as the 352 deputy director of administration.

The deputy director of 353 administration shall perform the duties prescribed by the 354 director of commerce in supervising the activities of the 355 Sub.

56 Page136th 14G.A. As Passed by the Senate division of administration of the department of commerce.

356division (B) Exceptof asthis provided in section 121.07and of the Revised 357 Code, the department of commerce shall haverequest allinformation powersfrom and 358 perform all duties vested in the deputyfederal directorbureau of 359investigation administration,to thedetermine statewhether fireany marshal,information theexists superintendentindicating ofthat 360 financial institutions, the superintendentperson ofwho realis estate and 361 professional licensing, the superintendentsubject of liquorthe control,request 362has thebeen superintendentconvicted of industrialany compliance,offense theunder superintendentany 363existing ofor unclaimedformer funds,law the superintendent of marijuanathis cannabisstate, 364any control,other andstate, or the commissionerUnited ofStates securities,that andis shalla havedisqualifying alloffense 365as powersdefined and perform all duties vested by law in allsection officers,3772.07 366 deputies, and employees of thosethe offices.Revised Code.

Except(B) asSubject providedto indivision 367(F) sectionof 121.07this ofsection, the Revisedsuperintendent Code,shall whereverconduct powers are 368 conferred or duties imposed upon any ofcriminal thoserecords officers,check theto 369be powersconducted andunder dutiesthis shallsection be construed as vestedfollows: in the department 370 of commerce.

371(1) (C)(1)The Theresuperintendent isshall herebyreview createdor incause to be reviewed any relevant information gathered and compiled by the departmentbureau under division (A) of 372section commerce109.57 aof divisionthe Revised Code that relates to the person who is the subject of financialthe institutions,criminal whichrecords shallcheck, haveincluding, 373if allthe powerscriminal andrecords performcheck allwas dutiesrequested vestedunder bysection law113.041, in121.08, 124.74, 173.27, 173.38, 173.381, 718.131, 928.03, 1121.23, 1315.141, 1321.37, 1321.53, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3740.11, 3712.09, 3721.121, 3772.07, 3775.03, 3796.12, 3796.13, 4729.071, 4729.53, 4729.90, 4729.92, 4749.03, 4749.06, 4763.05, 4764.07, 4768.06, 5103.053, 5104.013, 5164.34, 5164.341, 5164.342, 5123.081, 5123.169, or 5153.111 of the 374Revised superintendentCode, any relevant information contained in records that have been sealed under section 2953.32 of financialthe institutions.Revised Code;

Wherever(2) powersIf arethe 375request conferredreceived orby dutiesthe imposedsuperintendent uponasks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of financialinvestigation 376any institutions,information thoseit powershas andwith dutiesrespect shallto bethe construedperson aswho 377is vestedthe insubject of the divisioncriminal records check, including fingerprint-based checks of financialnational institutions.crime information databases as described in 42 U.S.C.

Theif divisionthe 378request is made pursuant to section 2151.86, 5103.053, or 5104.013 of financialthe institutionsRevised Code or if any other Revised Code section requires fingerprint-based checks of that nature, and shall review or cause to be administeredreviewed byany information the 379 superintendent ofreceives financialfrom institutions.that bureau.

380If (2)a Allrequest provisionsunder ofsection law3319.39 governingof the superintendentRevised ofCode 381asks financialonly institutionsfor shallinformation applyfrom tothe andfederal governbureau theof 382investigation, the superintendent ofshall financialnot institutionsconduct providedthe forreview inprescribed thisby 383division section;(B)(1) of this section.

all(3) authorityThe vestedsuperintendent byor lawthe insuperintendent's thedesignee superintendentmay ofrequest 384criminal financialhistory institutionsrecords withfrom respectother states or the federal government pursuant to the managementnational crime prevention and privacy compact set forth in section 109.571 of the 385Revised Sub.Code.

(4) The superintendent shall include in the results of the criminal records check a list or description of the offenses listed or described in the relevant provision of division (A) of this section.

The superintendent shall exclude from the results any information the dissemination of which is prohibited by federal law.

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

(a) If the superintendent is required by division (A) of this section (other than division (A)(3) Am.

Sub.

56 Page136th 15G.A. As Passed by the Senate division of financial institutions shall be construed as vested 386 in the superintendent of financial institutions created by this 387 section with respect to the division of financial institutions 388 provided for in this section;

and all rights, privileges, and 389 emoluments conferred by law upon the superintendent of financialthis 390section) institutionsto shallconduct be construed as conferred upon the 391criminal superintendentrecords ofcheck, financialthirty; institutions as head of the division 392 of financial institutions.

The(b) directorIf ofthe commercesuperintendent shallis notrequired 393by transfer from the division (A)(3) of financialthis institutionssection anyto ofconduct the 394criminal functionsrecords specifiedcheck, insixty. division (C)(2) of this section.

395(C)(1) (D)The Theresuperintendent isshall herebyprescribe createda inform to obtain the departmentinformation ofnecessary commerceto 396conduct a divisioncriminal ofrecords liquorcheck control,from whichany shallperson havefor allwhom powersa andcriminal 397records performcheck allis dutiesto vestedbe byconducted lawunder inthis thesection. superintendent of liquor 398 control.

WhereverThe powersform arethat conferredthe orsuperintendent dutiesprescribes arepursuant imposedto 399this upondivision themay superintendentbe ofin liquora control,tangible thoseformat, powersin andan 400electronic dutiesformat, shallor be construed as vested in theboth divisiontangible ofand liquorelectronic 401formats. control.

(2) The divisionsuperintendent ofshall liquorprescribe controlstandard shallimpression besheets administeredto byobtain 402 the superintendentfingerprint impressions of liquorany control.person for whom a criminal records check is to be conducted under this section.

403Any (E)person Thefor directorwhom ofa commercerecords shallcheck notis to be interested,conducted 404under directlythis orsection indirectly,shall inobtain anythe firmfingerprint orimpressions corporationat which is a 405county dealersheriff's inoffice, securitiesmunicipal aspolice defineddepartment, inor sectionsany 1707.01other andentity 1707.14with 406 of the Revisedability Code,to ormake infingerprint anyimpressions firmon orthe corporationstandard licensedimpression 407sheets underprescribed sectionsby 1321.01 to 1321.19 of the Revisedsuperintendent. Code.

408 (F) The directoroffice, ofdepartment, commerce shall not have any official 409 connection with a savings and loan association, a savings bank, 410 a bank, a bank holding company, a savings and loan association 411 holding company, a consumer finance company, or aentity creditmay unioncharge 412 that is under the supervisionperson of the division of financial 413 institutions, or a subsidiaryreasonable offee anyfor ofmaking the precedingimpressions. entities, 414 or be interested in the business thereof.

415The Sub.standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats.

(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check under this section.

The person requesting the criminal records check shall pay the fee prescribed pursuant to this division.

In the case of a request under section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, 2151.33, 2151.412, or 5164.34 of the Revised Code, the fee shall be paid in the manner specified in that section.

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

(D) The results of a criminal records check conducted under this section, other than a criminal records check specified in division (A)(7) of this section, are valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent completes the criminal records check.

If during that period the superintendent receives another request for a criminal records check to be conducted under this section for that person, the superintendent shall provide the results from the previous criminal records check of the person at a lower fee than the fee prescribed for the initial criminal records check.

(E) When the superintendent receives a request for information from a registered private provider, the superintendent shall proceed as if the request was received from a school district board of education under section 3319.39 of the Revised Code.

The superintendent shall apply division (A) (1)(c) of this section to any such request for an applicant who is a teacher.

(F)(1) Subject to division (F)(2) of this section, all information regarding the results of a criminal records check conducted under this section that the superintendent reports or sends under division (A)(7) or (9) of this section to the director of public safety, the treasurer of state, or the Am.

Sub.

56 Page136th 16G.A. As Passed by the Senate (G) There is hereby created in the state treasury the 416 division of administration fund.

Theperson, fundboard, shallor receiveentity 417that assessmentsmade onthe request for the operatingcriminal fundsrecords ofcheck shall relate to the departmentconviction of commercethe 418subject inperson, accordanceor withthe proceduressubject prescribedperson's byplea theof directorguilty ofto, 419a commerce.criminal offense.

All(2) operatingDivision expenses(F)(1) of this section does not limit, restrict, or preclude the divisionsuperintendent's release of 420information administrationthat shallrelates beto paidthe fromarrest theof a person who is eighteen years of age or older, to an adjudication of a child as a delinquent child, or to a criminal conviction of a person under eighteen years of age in circumstances in which a release of that nature is authorized under division (E)(2), (3), or (4) of administrationsection 421109.57 fund.of the Revised Code pursuant to a rule adopted under division (E)(1) of that section.

422(G) (H)As Thereused is hereby created in thethis departmentsection: of commerce 423 a division of real estate and professional licensing, which 424 shall be under the control and supervision of the director of 425 commerce.

The(1) division"Criminal ofrecords realcheck" estatemeans andany professionalcriminal licensingrecords 426check shallconducted be administered by the superintendent of realthe estatebureau of criminal identification and 427investigation professionalin licensing.accordance with division (B) of this section.

The(2) superintendent"Minor ofdrug realpossession estateoffense" andhas 428 professional licensing shall exercise the powerssame andmeaning performas thein 429section functions2925.01 andof duties delegated to the superintendentRevised underCode. 430 Chapters 4735., 4763., 4764., 4767., and 4768.

(3) "OVI or OVUAC violation" means a violation of section 4511.19 of the Revised 431Code or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to section 4511.19 of the Revised Code.

432(4) (I)"Registered Thereprivate isprovider" herebymeans createda innonpublic school or entity registered with the department of commerceeducation 433and aworkforce divisionunder section 3310.41 of industrialthe compliance,Revised whichCode shallto haveparticipate allin powersthe 434autism andscholarship performprogram allor dutiessection vested3310.58 byof lawthe Revised Code to participate in the superintendentJon ofPeterson 435special industrialneeds compliance.scholarship program.

WhereverSec. powers are conferred or duties 436 imposed upon the superintendent of industrial compliance, those 437 powers and duties shall be construed as vested in the division 438 of industrial compliance.

The121.04. division of industrial compliance 439 shall be under the control and supervision of the director of 440 commerce and be administered by the superintendent of industrial 441 compliance.

442Offices (J)are There is hereby created inwithin the departmentseveral ofdepartments commerceas 443follows: a division of unclaimed funds, which shall have all powers and 444 perform all duties delegated to or vested by law in the 445 Sub.

In the department of commerce:

Commissioner of securities;

Superintendent of real estate and professional licensing;

Superintendent of financial institutions;

State fire marshal;

Superintendent of industrial compliance;

Superintendent of liquor control;

Superintendent of unclaimed funds;

Superintendent of marijuana cannabis control.

In the department of administrative services:

Equal employment opportunity coordinator.

In the department of agriculture:

Chiefs of divisions as follows:

Administration;

Animal health;

Livestock environmental permitting;

Am.

Sub.

56 Page136th 17G.A. As Passed by the Senate superintendent of unclaimed funds.

WhereverSoil powers are conferred 446 or duties imposed upon the superintendent of unclaimed funds, 447 those powers and dutieswater shallconservation; be construed as vested in the 448 division of unclaimed funds.

TheDairy; division of unclaimed funds 449 shall be under the control and supervision of the director of 450 commerce and shall be administered by the superintendent of 451 unclaimed funds.

TheFood superintendentsafety; of unclaimed funds shall 452 exercise the powers and perform the functions and duties 453 delegated to the superintendent by the director of commerce 454 under section 121.07 and Chapter 169.

ofPlant thehealth; Revised Code, and 455 as may otherwise be provided by law.

456Markets; (K) There is hereby created in the department of commerce 457 a division of marijuana cannabis control, which shall have all 458 powers and perform all duties vested by law in the 459 superintendent of marijuana cannabis control.

WhereverMeat powersinspection; 460 are conferred or duties are imposed upon the superintendent of 461 marijuana cannabis control, those powers and duties shall be 462 construed as vested in the division of marijuana cannabis 463 control.

TheConsumer divisionprotection oflaboratory; marijuana cannabis control shall be 464 under the control and supervision of the director of commerce 465 and be administered by the superintendent of marijuana cannabis 466 control.

467Amusement (L)ride Thesafety; department of commerce or a division of the 468 department created by the Revised Code that is acting with 469 authorization on the department's behalf may request from the 470 bureau of criminal identification and investigation pursuant to 471 section 109.572 of the Revised Code, or coordinate with 472 appropriate federal, state, and local government agencies to 473 accomplish, criminal records checks for the persons whose 474 identities are required to be disclosed by an applicant for the 475 issuance or transfer of a permit, license, certificate of 476 Sub.

Enforcement;

Weights and measures.

In the department of natural resources:

Chiefs of divisions as follows:

Mineral resources management;

Oil and gas resources management;

Forestry;

Natural areas and preserves;

Wildlife;

Geological survey;

Parks and watercraft;

Water resources;

Engineering.

In the department of insurance:

Deputy superintendent of insurance;

Assistant superintendent of insurance, technical;

Assistant superintendent of insurance, administrative;

Assistant superintendent of insurance, research.

Sec.

121.08.

(A) There is hereby created in the department of commerce the position of deputy director of administration.

This officer shall be appointed by the director of commerce, serve under the director's direction, supervision, and control, perform the duties the director prescribes, and hold office during the director's pleasure.

The director of commerce may designate an assistant director of commerce to serve as the deputy director of administration.

The deputy director of administration shall perform the duties prescribed by the director of commerce in supervising the activities of the division of administration of the department of commerce.

(B) Except as provided in section 121.07 of the Revised Code, the department of commerce shall have all powers and perform all duties vested in the deputy director of administration, the state fire marshal, the superintendent of financial institutions, the superintendent of real estate and professional licensing, the superintendent of liquor control, the superintendent of industrial compliance, the superintendent of unclaimed funds, the superintendent of marijuana cannabis Am.

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56 Page136th 18G.A. As Passed by the Senate registration, or certification issued or transferred by the 477 department or division.

Atcontrol, orand before the timecommissioner of makingsecurities, aand 478shall requesthave forall apowers criminaland recordsperform check,all theduties departmentvested or division 479 may require any person whose identity is required to be 480 disclosed by anlaw applicant for the issuance or transfer of such a 481 license, permit, certificate of registration, or certification 482 to submit to the department or division valid fingerprint 483 impressions in aall formatofficers, anddeputies, by any media or means acceptable to 484 the bureau of criminal identification and investigationemployees and, 485 when applicable, the federal bureau of investigation.those offices.

TheExcept 486as departmentprovided orin divisionsection may121.07 cause the bureau of criminal 487 identification and investigation to conduct a criminal records 488 check through the federalRevised bureauCode, ofwherever investigationpowers onlyare ifconferred the 489 person for whom the criminal records check would be conducted 490 resides or worksduties outsideimposed ofupon thisany state or has resided or worked 491 outside of thisthose stateofficers, during the precedingpowers five years, or if a 492 criminal records check conducted by the bureau of criminal 493 identification and investigationduties withinshall thisbe stateconstrued indicatesas 494vested thatin the persondepartment may have a criminal record outside of thiscommerce. 495 state.

496(C)(1) InThere theis casehereby ofcreated ain criminalthe recordsdepartment checkof undercommerce sectiona 497division 109.572 of thefinancial Revisedinstitutions, Code,which the department or division shall 498have forwardall topowers the bureau of criminal identification and 499perform investigationall theduties requisitevested form,by fingerprintlaw impressions, and 500 fee described in divisionthe (C)superintendent of thatfinancial section.institutions.

WhenWherever requestedpowers byare 501conferred the department or divisionduties inimposed accordanceupon with this section, the 502superintendent bureau of criminalfinancial identificationinstitutions, andthose investigationpowers shall 503 request from the federal bureau of investigation any information 504 it has with respect to the person who is the subject of the 505 requested criminal records check and duties shall forwardbe theconstrued requisiteas 506vested fingerprintin impressions and information to the federaldivision bureau of 507financial Sub.institutions.

The division of financial institutions shall be administered by the superintendent of financial institutions.

(2) All provisions of law governing the superintendent of financial institutions shall apply to and govern the superintendent of financial institutions provided for in this section;

all authority vested by law in the superintendent of financial institutions with respect to the management of the division of financial institutions shall be construed as vested in the superintendent of financial institutions created by this section with respect to the division of financial institutions provided for in this section;

and all rights, privileges, and emoluments conferred by law upon the superintendent of financial institutions shall be construed as conferred upon the superintendent of financial institutions as head of the division of financial institutions.

The director of commerce shall not transfer from the division of financial institutions any of the functions specified in division (C)(2) of this section.

(D) There is hereby created in the department of commerce a division of liquor control, which shall have all powers and perform all duties vested by law in the superintendent of liquor control.

Wherever powers are conferred or duties are imposed upon the superintendent of liquor control, those powers and duties shall be construed as vested in the division of liquor control.

The division of liquor control shall be administered by the superintendent of liquor control.

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

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

(G) There is hereby created in the state treasury the division of administration fund.

The fund shall receive assessments on the operating funds of the department of commerce in accordance with procedures prescribed by the director of commerce.

All operating expenses of the division of administration shall be paid from the division of administration fund.

(H) There is hereby created in the department of commerce a division of real estate and Am.

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56 Page136th 19G.A. As Passed by the Senate investigation for that criminal records check.

Afterprofessional conductinglicensing, 508which ashall criminalbe recordsunder check or receiving the resultscontrol ofand asupervision criminal 509 records check from the federal bureau of investigation, the 510director bureau of criminalcommerce. identification and investigation shall 511 provide the results to the department or division.

512 The department or division mayof requirereal anyestate personand aboutprofessional 513licensing whomshall abe criminaladministered records check is requested to pay to the 514 department or division the amount necessary to cover the fee 515 charged to the department or division by the bureausuperintendent of criminalreal 516estate identification and investigationprofessional underlicensing. division (C)(3) of 517 section 109.572 of the Revised Code, including, when applicable, 518 any fee for a criminal records check conducted by the federal 519 bureau of investigation.

520 (M) The directorsuperintendent of commerce,real orestate the director's designee, 521 may adopt rules to enhance compliance with statutes pertaining 522 to, and rulesprofessional adoptedlicensing by,shall divisionsexercise under the direction,powers 523 supervision, and controlperform of the departmentfunctions orand directorduties bydelegated 524to offeringthe incentive-basedsuperintendent programsunder thatChapters ensure4735., safety4763., and4764., 5254767., soundness while promoting growth and prosperity4768. in the state.

526of Sec.the Revised Code.

519.21.(I) There is hereby created in the department of commerce a division of industrial compliance, which shall have all powers and perform all duties vested by law in the superintendent of industrial compliance.

(A)Wherever Exceptpowers asare otherwiseconferred provided in divisions 527 (B) and (D) of this section, sections 519.02 to 519.25 of the 528 Revised Code confer no power on any township zoning commission, 529 board of township trustees, or boardduties ofimposed zoningupon appeals to 530 prohibit the usesuperintendent of anyindustrial landcompliance, forthose agriculturalpowers purposesand orduties theshall 531be constructionconstrued oras usevested ofin buildings or structures incident to the 532division use for agricultural purposes of theindustrial landcompliance. on which such 533 buildings or structures are located, including buildings or 534 structures that are used primarily for vinting and selling wine 535 and that are located on land any part of which is used for 536 viticulture, and no zoning certificate shall be required for any 537 Sub.

The division of industrial compliance shall be under the control and supervision of the director of commerce and be administered by the superintendent of industrial compliance.

(J) There is hereby created in the department of commerce a division of unclaimed funds, which shall have all powers and perform all duties delegated to or vested by law in the superintendent of unclaimed funds.

Wherever powers are conferred or duties imposed upon the superintendent of unclaimed funds, those powers and duties shall be construed as vested in the division of unclaimed funds.

The division of unclaimed funds shall be under the control and supervision of the director of commerce and shall be administered by the superintendent of unclaimed funds.

The superintendent of unclaimed funds shall exercise the powers and perform the functions and duties delegated to the superintendent by the director of commerce under section 121.07 and Chapter 169.

of the Revised Code, and as may otherwise be provided by law.

(K) There is hereby created in the department of commerce a division of marijuana cannabis control, which shall have all powers and perform all duties vested by law in the superintendent of marijuana cannabis control.

Wherever powers are conferred or duties are imposed upon the superintendent of marijuana cannabis control, those powers and duties shall be construed as vested in the division of marijuana cannabis control.

The division of marijuana cannabis control shall be under the control and supervision of the director of commerce and be administered by the superintendent of marijuana cannabis control.

(L) The department of commerce or a division of the department created by the Revised Code that is acting with authorization on the department's behalf may request from the bureau of criminal identification and investigation pursuant to section 109.572 of the Revised Code, or coordinate with appropriate federal, state, and local government agencies to accomplish, criminal records checks for the persons whose identities are required to be disclosed by an applicant for the issuance or transfer of a permit, license, certificate of registration, or certification issued or transferred by the department or division.

At or before the time of making a request for a criminal records check, the department or division may require any person whose identity is required to be disclosed by an applicant for the issuance or transfer of such a license, permit, certificate of registration, or certification to submit to the department or division valid fingerprint impressions in a Am.

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56 Page136th 20G.A. As Passed by the Senate such building or structure.

538format (B)and Aby townshipany zoningmedia resolution, or anmeans amendmentacceptable to such 539 resolution, may in any platted subdivision approved under 540 section 711.05, 711.09, or 711.10 of the Revisedbureau Code, or in any 541 area consisting of fifteencriminal oridentification more lots approved under section 542 711.131 of the Revised Code that are contiguous to one another, 543 or some of which are contiguous to one another and adjacentinvestigation toand, 544when oneapplicable, side of a dedicated public road, and the balancefederal ofbureau which 545 are contiguous to one another and adjacent to the opposite side 546 of theinvestigation. same dedicated public road regulate:

547The (1)department Agricultureor ondivision lotsmay cause the bureau of onecriminal acreidentification and investigation to conduct a criminal records check through the federal bureau of investigation only if the person for whom the criminal records check would be conducted resides or less;works outside of this state or has resided or worked outside of this state during the preceding five years, or if a criminal records check conducted by the bureau of criminal identification and investigation within this state indicates that the person may have a criminal record outside of this state.

548In (2)the Buildingscase of a criminal records check under section 109.572 of the Revised Code, the department or structuresdivision incidentshall forward to the usebureau of landcriminal 549identification forand agriculturalinvestigation purposesthe onrequisite lotsform, greaterfingerprint thanimpressions, oneand acrefee butdescribed notin 550division greater(C) thanof fivethat acressection. by:

setWhen backrequested buildingby lines;the department or division in accordance with this section, the bureau of criminal identification and investigation shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the requested criminal records check and shall forward the requisite fingerprint impressions and information to the federal bureau of investigation for that criminal records check.

height;After conducting a criminal records check or receiving the results of a criminal records check from the federal bureau of investigation, the bureau of criminal identification and investigation shall provide the results to the department or division.

The department or division may require any person about whom a criminal records check is requested to pay to the department or division the amount necessary to cover the fee charged to the department or division by the bureau of criminal identification and 551investigation size;under division (C) (3) of section 109.572 of the Revised Code, including, when applicable, any fee for a criminal records check conducted by the federal bureau of investigation.

552(M) (3)The Dairyingdirector andof animalcommerce, andor poultrythe husbandrydirector's ondesignee, lotsmay 553adopt greaterrules thanto oneenhance acrecompliance butwith notstatutes greaterpertaining thanto, fiveand acresrules whenadopted atby, 554divisions leastunder thirty-fivethe perdirection, centsupervision, ofand thecontrol lotsof in the subdivisiondepartment are 555 developed with at least one building, structure, or improvementdirector 556by thatoffering isincentive-based subjectprograms to real property taxation or that isensure subjectsafety toand 557soundness thewhile taxpromoting ongrowth manufactured and mobileprosperity homesin under section 4503.06 558 of the Revisedstate. Code.

AfterSec. thirty-five per cent of the lots are 559 so developed, dairying and animal and poultry husbandry shall be 560 considered nonconforming use of land and buildings or structures 561 pursuant to section 519.19 of the Revised Code.

562131.02. Division (B) of this section confers no power on any 563 township zoning commission, board of township trustees, or board 564 of zoning appeals to regulate agriculture, buildings or 565 structures, and dairying and animal and poultry husbandry on 566 Sub.

(A) Except as otherwise provided in section 4123.37, section 5703.061, and division (K) of section 4123.511 of the Revised Code, whenever any amount is payable to the state, the officer, employee, or agent responsible for administering the law under which the amount is payable shall immediately proceed to collect the amount or cause the amount to be collected and shall pay the amount into the state treasury or into the appropriate custodial fund in the manner set forth pursuant to section 113.08 of the Revised Code.

Except as otherwise provided in this division, if the amount is not paid within forty-five days after payment is due, the officer, employee, or agent shall certify the amount due to the attorney general, in the form and manner prescribed by the attorney general.

In the case of an amount payable by a student enrolled in a state institution of higher education, the amount shall be certified within the later of forty-five days after the amount is due or the tenth day after the beginning of the next academic semester, quarter, or other session Am.

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56 Page136th 21G.A. As Passed by the Senate lots greater than five acres.

567following (C)the Suchsession sections confer no power on any township zoning 568 commission, board of township trustees, or board of zoning 569 appeals to prohibit in a district zoned for agricultural,which 570 industrial, residential, or commercial uses, the usepayment ofis anypayable. land 571 for:

572The (1)attorney Ageneral farmmay marketassess where fifty per cent or more of the 573collection grosscost incometo received from the marketamount iscertified derivedin fromsuch producemanner 574and raisedamount onas farmsprescribed owned or operated by the marketattorney operatorgeneral. in a 575 normal crop year.

However,If aan boardamount ofpayable townshipto trustees,a aspolitical 576subdivision providedis inpast sectiondue, 519.02 of the Revisedpolitical Code,subdivision maymay, regulatewith 577the suchapproval factors pertaining to farm markets as size of the 578attorney structure,general, sizecertify ofthe parkingamount areasto thatthe mayattorney begeneral required,pursuant set back 579 building lines, and egress or ingress, where such regulation is 580 necessary to protectthis thesection. public health and safety.

581For (2)the Biodieselpurposes production,of biomassthis energysection, production,the orattorney 582general electricand the officer, employee, or heatagent energyresponsible productionfor ifadministering the landlaw onunder which the 583amount productionis facilitypayable isshall locatedagree qualifieson asthe landtime devoteda 584payment exclusivelyis todue, agriculturaland usethat underagreed sectionsupon 5713.30time toshall 585be 5713.37one of the Revisedfollowing Codetimes: for real property tax purposes.

As(1) 586If useda inlaw, divisionincluding (C)(2)an administrative rule, of this section,state "biodiesel,"prescribes "biomassthe 587time energy,"a andpayment "electricis orrequired heatto energy"be havemade or reported, when the samepayment meaningsis asrequired 588by inthat sectionlaw 5713.30to ofbe thepaid Revisedor Code.reported.

589(2) (3)If Biologically derived methane gas production if the 590payment land on which the production facility is located qualifies as 591 land devoted exclusively to agricultural use under sections 592 5713.30 to 5713.37 of the Revised Code for realservices propertyrendered, taxwhen 593 purposes and if the facilityrendering thatof produces the biologicallyservices 594is derivedcompleted. methane gas does not produce more than seventeen million 595 sixty thousand seven hundred ten British thermal units, five 596 Sub.

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

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

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

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

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

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

(9) Any other appropriate time determined by the attorney general and the officer, employee, or agent responsible for administering the law under which the amount is payable on the basis of statutory requirements or ordinary business processes of the agency, institution, or political subdivision to which the payment is owed.

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

(2) If the amount payable to this state arises from a tax levied under Chapter 3796., 5733., 5739., 5741., 5747., or 5751.

of the Revised Code, the notice also shall specify all of the following:

(a) The assessment or case number;

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

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

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

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

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

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56 Page136th 22G.A. As Passed by the Senate megawatts, or both.

597(D) (4)Each Agritourism.claim shall bear interest, from the day on which the claim became due, at the rate per annum required by section 5703.47 of the Revised Code.

However,(E) aThe boardattorney ofgeneral townshipand trustees,the aschief 598officer provided in section 519.02 of the Revisedagency Code,reporting may regulate 599 such factors pertaining to agritourism, except farm markets as 600 described in division (C)(1) of this section, as size of a 601claim, structureacting usedtogether, primarilymay fordo agritourism,any size of parkingthe areasfollowing 602if that may be required, setback building lines for structures used 603 primarily for agritourism, and egress or ingress where such 604action regulation is necessaryin tothe protectbest publicinterests healthof andthe safety.state:

605(1) NothingCompromise inthe divisionclaim; (C)(4) of this section confers power 606 on a township zoning commission, board of township trustees, or 607 board of zoning appeals to require any parking area to be 608 improved in any manner, including requirements governing 609 drainage, parking area base, parking area paving, or any other 610 improvement.

611(2) NothingExtend infor division (C)(4) of this section confers power 612 on a townshipreasonable zoningperiod commission,the boardtime offor townshippayment trustees, or 613 board of zoning appeals to prohibit the useclaim ofby anyagreeing landto oraccept themonthly 614 construction or useother ofperiodic buildingspayments. or structures that are used 615 primarily for vinting and selling wine that are located on land 616 any part of which is used for viticulture as provided in 617 division (A) of this section.

618The (D)agreement Nothingmay inrequire thissecurity sectionfor prohibitspayment a township zoning 619 commission, board of township trustees, or board of zoning 620 appeals from regulating the locationclaim. of medical marijuana 621 cultivators, processors, or retail dispensaries or from 622 prohibiting such cultivators, processors, or dispensaries from 623 being located in the unincorporated territory of the township.

624(3) (D)(1)Add (E)(1)fees Asto usedrecover inthe divisioncost (C)(3)of processing checks or other draft instruments returned for insufficient funds and the cost of thisproviding section,electronic 625payment Sub.options.

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

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

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

(2) The attorney general shall cancel or cause to be canceled an unsatisfied claim on the date that is forty years after the date the claim is certified, unless the attorney general has adopted a rule under division (F)(5) of this section shortening this time frame with respect to a subset of claims.

(3) No initial action shall be commenced to collect any tax payable to the state that is administered by the tax commissioner, whether or not such tax is subject to division (B) of this section, or any penalty, interest, or additional charge on such tax, after the expiration of the period ending on the later of the dates specified in divisions (F)(3)(a) and (b) of this section, provided that such period shall be extended by the period of any stay to such collection or by any other period to which the parties mutually agree.

If the initial action in aid of execution is commenced before the later of the dates specified in divisions (F)(3)(a) and (b) of this section, any and all subsequent actions may be pursued in aid of execution of judgment for as long as the debt exists.

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

(b) Four years after the assessment of the tax, penalty, interest, or additional charge becomes final.

For the purposes of division (F)(3)(b) of this section, the assessment becomes final at the latest of the following:

upon expiration of the period to petition for reassessment, or if applicable, to appeal a final determination of the commissioner or decision of the board of tax appeals or a court, or, if applicable, upon decision of the United States supreme court.

For the purposes of division (F)(3) of this section, an initial action to collect a tax debt is commenced at the time when a certified copy of the tax commissioner's entry making an assessment final has been filed in the office of the clerk of court of common pleas in the county in which the taxpayer resides or has its principal place of business in this state, or in the office of the clerk of court of common pleas of Franklin county, as provided in section 5739.13, 5741.14, 5747.13, or 5751.09 of the Revised Code or in any other applicable law requiring such a filing.

If an assessment Am.

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56 Page136th 23G.A. As Passed by the Senate "biologically derived methane gas" has the same meaning as in 626 section 5713.30 of the Revised Code.

627has (2)not Asbeen usedissued inand divisionthere (C)(4)is no time limitation on the issuance of thisan section,assessment 628under "agritourism"applicable haslaw, an action to collect a tax debt commences when the sameaction meaningis asfiled in sectionthe 901.80courts of thethis 629state Revisedto Code.collect the liability.

630(4) Sec.If information contained in a claim that is sold, conveyed, or transferred to a private entity pursuant to this section is confidential pursuant to federal law or a section of the Revised Code that implements a federal law governing confidentiality, such information remains subject to that law during and following the sale, conveyance, or transfer.

715.013.(5) The attorney general may adopt rules to aid in the implementation of this section.

(A)Sec. Except as otherwise expressly authorized 631 by the Revised Code, no municipal corporation shall levy a tax 632 that is the same as or similar to a tax levied under Chapter 633 322., 3734., 3769., 3780., 4123., 4141., 4301., 4303., 4305., 634 4307., 4309., 5707., 5725., 5726., 5727., 5728., 5729., 5731., 635 5735., 5736., 5737., 5739., 5741., 5743., 5747., 5749., or 5751.

636519.21. of the Revised Code.

637(A) Except as otherwise provided in divisions (B) Noand municipal(D) corporationof maythis imposesection, sections 519.02 to 519.25 of the Revised Code confer no power on any tax,township fee,zoning 638commission, assessment,board of township trustees, or otherboard chargeof onzoning auxiliaryappeals containers,to onprohibit the 639use sale,of use,any land for agricultural purposes or consumptionthe construction or use of buildings or structures incident to the use for agricultural purposes of the land on which such containers,buildings or structures are located, including buildings or structures that are used primarily for vinting and selling wine and that are located on theland basisany part of 640which receiptsis receivedused fromfor theviticulture, saleand ofno zoning certificate shall be required for any such containers.building or structure.

As(B) usedA township zoning resolution, or an amendment to such resolution, may in 641any thisplatted division,subdivision "auxiliaryapproved container"under hassection 711.05, 711.09, or 711.10 of the sameRevised meaningCode, asor in 642any area consisting of fifteen or more lots approved under section 3767.32711.131 of the Revised Code.Code that are contiguous to one another, or some of which are contiguous to one another and adjacent to one side of a dedicated public road, and the balance of which are contiguous to one another and adjacent to the opposite side of the same dedicated public road regulate:

643(1) (C)Agriculture Thison sectionlots doesof notone prohibitacre a municipal corporation 644 from levying an income tax or withholdingless; tax in accordance with 645 Chapter 718.

of(2) Buildings or structures incident to the Reviseduse Code,of orland afor taxagricultural purposes on anylots ofgreater thethan 646one following:acre but not greater than five acres by:

647set (1)back Amountsbuilding receivedlines; for admission to any place;

648height; (2) The income of an electric company or combined company, 649 as defined in section 5727.01 of the Revised Code;

650 (3) On and aftersize; January 1, 2004, the income of a 651 telephone company, as defined in section 5727.01 of the Revised 652 Code.

653(3) Sub.Dairying and animal and poultry husbandry on lots greater than one acre but not greater than five acres when at least thirty-five per cent of the lots in the subdivision are developed with at least one building, structure, or improvement that is subject to real property taxation or that is subject to the tax on manufactured and mobile homes under section 4503.06 of the Revised Code.

After thirty-five per cent of the lots are so developed, dairying and animal and poultry husbandry shall be considered nonconforming use of land and buildings or structures pursuant to section 519.19 of the Revised Code.

Division (B) of this section confers no power on any township zoning commission, board of township trustees, or board of zoning appeals to regulate agriculture, buildings or structures, and dairying and animal and poultry husbandry on lots greater than five acres.

(C) Such sections confer no power on any township zoning commission, board of township trustees, or board of zoning appeals to prohibit in a district zoned for agricultural, industrial, residential, or commercial uses, the use of any land for:

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56 Page136th 24G.A. As Passed by the Senate Sec.

928.03.(1) A farm market where fifty per cent or more of the gross income received from the market is derived from produce raised on farms owned or operated by the market operator in a normal crop year.

TheHowever, directora board of agriculture,township trustees, as provided in consultationsection 654519.02 withof the governorRevised Code, may regulate such factors pertaining to farm markets as size of the structure, size of parking areas that may be required, set back building lines, and attorneyegress general,or shallingress, adoptwhere rulessuch inregulation 655is accordancenecessary withto Chapterprotect 119.the public health and safety.

of(2) theBiodiesel Revisedproduction, Codebiomass establishingenergy 656production, standardsor andelectric proceduresor forheat energy production if the regulationland on which the production facility is located qualifies as land devoted exclusively to agricultural use under sections 5713.30 to 5713.37 of hempthe cultivationRevised 657Code andfor processing.real property tax purposes.

TheAs rulesused shallin includedivision all(C)(2) of this section, "biodiesel," "biomass energy," and "electric or heat energy" have the following:same meanings as in section 5713.30 of the Revised Code.

658(3) (A)Biologically Thederived formmethane gas production if the land on which the production facility is located qualifies as land devoted exclusively to agricultural use under sections 5713.30 to 5713.37 of anthe applicationRevised Code for areal hempproperty cultivationtax 659purposes license and hempif processingthe licensefacility andthat produces the informationbiologically requiredderived 660methane togas bedoes includednot inproduce eachmore licensethan application;seventeen million sixty thousand seven hundred ten British thermal units, five megawatts, or both.

661(4) (B)Agritourism. The amount of an initial application fee that an 662 applicant shall submit along with an application for a hemp 663 cultivation license or a hemp processing license, and the amount 664 of an annual license fee that a licensee shall submit for a hemp 665 cultivation license or a hemp processing license.

InHowever, adoptinga 666board rulesof undertownship trustees, as provided in section 519.02 of the Revised Code, may regulate such factors pertaining to agritourism, except farm markets as described in division (B)(C)(1) of this section, theas directorsize shallof 667a ensurestructure bothused primarily for agritourism, size of theparking following:areas that may be required, setback building lines for structures used primarily for agritourism, and egress or ingress where such regulation is necessary to protect public health and safety.

668Nothing (1)in Thatdivision the(C)(4) amount of thethis applicationsection feeconfers andpower annualon 669a licensetownship feezoning doescommission, notboard exceedof antownship amounttrustees, sufficientor board of zoning appeals to coverrequire theany 670parking costsarea incurredto bybe theimproved departmentin ofany agriculturemanner, toincluding administerrequirements 671governing anddrainage, enforceparking thisarea chapter;base, parking area paving, or any other improvement.

672Nothing (2)in Thatdivision there(C)(4) isof onethis uniformsection applicationconfers feepower andon onea 673township uniformzoning annualcommission, licenseboard feeof thattownship appliestrustees, or board of zoning appeals to allprohibit applicantsthe use of any land or the construction or use of buildings or structures that are used primarily for avinting 674and hempselling cultivationwine license.that are located on land any part of which is used for viticulture as provided in division (A) of this section.

675(D) (C)Nothing Requirementsin andthis proceduressection concerningprohibits backgrounda 676township investigationszoning commission, board of eachtownship applicanttrustees, foror aboard hempof cultivationzoning licenseappeals 677from andregulating eachthe applicantlocation forof amedical hempmarijuana processingcultivators, license.processors, or retail dispensaries or from prohibiting such cultivators, processors, or dispensaries from being located in the unincorporated territory of the township.

The(D)(1) director(E)(1) 678As shallused includein bothdivision (C)(3) of thethis followingsection, in"biologically derived methane gas" has the rulessame adoptedmeaning underas 679in thissection division:5713.30 of the Revised Code.

680(2) (1)As Aused requirementin thatdivision each(C)(4) applicantof complythis withsection, sections"agritourism" 681has 4776.01the tosame 4776.04meaning as in section 901.80 of the Revised Code;Code.

682Am. Sub.

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56 Page136th 25G.A. As Passed by the Senate (2) Provisions that prohibit the director from issuing a 683 hemp cultivation license or hemp processing license to an 684 applicant that has not complied with those sections.

685Sec. (D) Requirements regarding the experience, equipment, 686 facilities, or land necessary to obtain a hemp cultivation 687 license;

688715.013. (E) Requirements and procedures regarding standards of 689 financial responsibility for each applicant for a hemp 690 processing license.

691(A) (F)Except Proceduresas andotherwise requirementsexpressly forauthorized by the issuance,Revised renewal,Code, 692no denial,municipal suspension,corporation andshall revocationlevy of a hemptax cultivationthat licenseis 693the andsame hempas processingor license,similar includingto providing for a hearingtax 694levied under Chapter 119.322., 3734., 3769., 3796., 4123., 4141., 4301., 4303., 4305., 4307., 4309., 5707., 5725., 5726., 5727., 5728., 5729., 5731., 5735., 5736., 5737., 5739., 5741., 5743., 5747., 5749., or 5751.

of the Revised CodeCode. with regard to such a 695 denial, suspension, or revocation;

696(B) (G)No Groundsmunicipal forcorporation themay denial,impose suspension,any andtax, revocationfee, ofassessment, 697or aother hempcharge cultivationon licenseauxiliary andcontainers, ofon a hemp processing license, 698 including a requirement that the directorsale, revokeuse, aor hempconsumption 699of cultivationsuch licensecontainers, or hempon processingthe license,basis for a period of 700receipts tenreceived years,from ofthe anysale person who pleads guilty to or is convicted of 701such acontainers. felony relating to a controlled substance;

702As (H)used Ain requirementthis thatdivision, the"auxiliary directorcontainer" shall not issue a hemp 703 cultivation license or hemp processing license to any person who 704 has pleadedthe guiltysame tomeaning oras been convicted of a felony relating to 705 a controlled substance in thesection ten3767.32 years immediately prior to the 706 submission of the applicationRevised forCode. a license;

707(C) (I)This Asection requirementdoes thatnot anyprohibit persona thatmunicipal materiallycorporation 708from falsifieslevying information in an applicationincome fortax a hemp cultivation 709 license or hempwithholding processingtax licensein isaccordance ineligiblewith toChapter receive718. 710 either license;

711of Sub.the Revised Code, or a tax on any of the following:

(1) Amounts received for admission to any place;

(2) The income of an electric company or combined company, as defined in section 5727.01 of the Revised Code;

(3) On and after January 1, 2004, the income of a telephone company, as defined in section 5727.01 of the Revised Code.

Sec.

928.01.

As used in this chapter:

(A) "Container" means the innermost wrapping, packaging, or vessel in direct contact with a final hemp-derived cannabinoid product in which the final hemp-derived cannabinoid product is enclosed for retail sale to consumers, such as a jar, bottle, bag, box, packet, can, carton, or cartridge.

"Container" does not include bulk shipping containers or outer wrappings that are not essential for the final retail delivery or sale to an end consumer for personal or household use.

(B) "Cultivate" or "cultivating" means to plant, water, grow, fertilize, till, or harvest a plant or crop.

"Cultivating" includes possessing or storing a plant or crop on a premises where the plant or crop was cultivated until transported to the first point of sale.

(C) "Hemp" means the plant Cannabis sativa L.

and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a total tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of not more than three-tenths per cent on a dry weight basis.

"Hemp" includes industrial hemp.

"Hemp" does not include any of the following:

(1) Any viable seeds from a Cannabis sativa L.

plant that exceeds a total tetrahydrocannabinols concentration, including tetrahydrocannabinolic acid, of three-tenths per cent in the plant on a dry weight basis;

(2) Any intermediate hemp-derived cannabinoid product containing any of the following:

(a) Cannabinoids that are not capable of being naturally produced by a Cannabis sativa L.

plant;

(b) Cannabinoids that are capable of being naturally produced by a Cannabis sativa L.

plant Am.

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56 Page136th 26G.A. As Passed by the Senate (J) A practice for maintaining relevant information 712 regarding land on which hemp is cultivated by hemp cultivation 713 licensees, including a legal description of the land, in 714 accordance with applicable federal law;

715 (K) Requirements prohibiting a hemp cultivation licensee 716 and awere hempsynthesized processing licensee from cultivating or processingmanufactured 717outside marihuana;the plant;

718(c) (L)More Athan procedurethree-tenths forper testing,cent usingcombined post-decarboxylationtotal orof 719total tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other similarlycannabinoids reliablethat methods,have delta-9similar tetrahydrocannabinoleffects 720or concentrationare levelsmarketed ofto plantshave andsimilar productseffects foron purposeshumans ofor 721animals determiningas compliancea withtetrahydrocannabinol thisas chapterestablished andby rulesthe superintendent of cannabis control in lists adopted under 722section it;928.031 of the Revised Code.

723(3) (M)Any Requirementsintermediate andhemp-derived procedurescannabinoid forproduct thethat issuance,is 724marketed administration,or andsold enforcementas ofa correctivefinal actionproduct plansor 725directly issuedto underan thisend chapter;consumer for personal or household use;

726(4) (N)Any Afinal procedurehemp-derived forcannabinoid conductingproduct annualcontaining inspectionsany of, at a 727 minimum, a random sample of hempthe cultivationfollowing: license holders to 728 verify that plants are not being cultivated in violation of this 729 chapter or rules adopted under it;

730(a) (O)Cannabinoids A procedure for conducting annual inspections of, at a 731 minimum, a random sample of hemp processing license holders to 732 verify that such license holders are not operatingcapable in violation 733 of thisbeing chapternaturally orproduced rulesby adopteda underCannabis it;sativa L.

734plant; (P) A procedure for complying with enforcement procedures 735 required under federal law;

736(b) (Q)Cannabinoids Athat procedureare forcapable theof effectivebeing disposalnaturally ofproduced allby ofa theCannabis 737sativa following:L.

738plant (1)and Plants,were whethersynthesized growing or not,manufactured cultivatedoutside inthe 739plant; Sub.

(c) Greater than four-tenths of a milligram combined total per container of total tetrahydrocannabinols, including tetrahydrocannabinolic acid, and any other cannabinoids that have similar effects, or are marketed to have similar effects, on humans or animals as a tetrahydrocannabinol as established by the superintendent of cannabis control in lists adopted under section 928.031 of the Revised Code.

(D) "Hemp cultivation license" means a license to cultivate hemp issued under section 928.02 of the Revised Code.

(E) "Hemp-derived cannabinoid product" means any intermediate or final product derived from hemp, other than industrial hemp, that contains cannabinoids in any form and is intended for human or animal use through any means of application or administration, such as inhalation, ingestion, or topical application.

"Hemp-derived cannabinoid product" does not include a drug that is the subject of an application approved under subsection (c) or (j) of 21 U.S.C.

355.

(F) "Hemp processing license" means a license to process hemp issued under section 928.02 of the Revised Code.

(G) "Industrial hemp" means hemp to which any of the following apply:

(1) It is grown for the use of the stalk of the plant, fiber produced from such a stalk, or any other non-cannabinoid derivative, mixture, preparation, or manufacture of such a stalk;

(2) It is grown for the use of the whole grain, oil, cake, nut, hull, or any other non- cannabinoid compound, derivative, mixture, preparation, or manufacture of the seeds of such plant;

(3) It is grown for purposes of producing microgreens or other edible hemp leaf products intended for human consumption that are derived from an immature hemp plant that is grown from seeds that do not exceed the threshold for total tetrahydrocannabinols concentration specified in division (C)(1) of this section;

(4) It is a plant that does not enter the stream of commerce and is intended to support hemp research at a university or an independent research institute as the term "independent research institute" is defined by the director under section 928.031 of the Revised Code;

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56 Page136th 27G.A. As Passed by the Senate violation of this chapter or rules adopted under it;

740(5) (2)It Productsis derivedgrown fromfor plantsthe cultivateduse inof violationa 741viable seed of thisthe chapterplant produced solely for the production or rulesmanufacture adoptedof underany it;material described in division (H)(1) to (4) of this section.

742(H) (3)"Intermediate Productshemp-derived producedcannabinoid inproduct" violationmeans ofa thishemp-derived chaptercannabinoid orproduct 743that rulesis adoptedeither underof it.the following:

744(1) (R)Not Requirementsyet andin proceduresthe governingfinal theform production,or 745preparation storage,marketed andor disposalintended ofto hempbe byproducts.used or consumed by a human or animal;

746(2) ForA thepowder, purposesliquid, oftablet, thisoil, chapteror andother notwithstandingproduct anyform 747 provision of law to the contrary, "hemp product" includes a 748 byproduct, produced as a result of processing hemp, that 749is containsintended aor delta-9marketed tetrahydrocannabinolto concentrationbe ofmixed, moredissolved, 750formulated, thanor three-tenthsotherwise peradded cent,to providedor thatprepared the byproduct is 751 produced, stored, and disposed of in accordance with rulesor 752into adoptedany underother divisionsubstance (R)prior ofto thisadministration section.or consumption.

753(J) (S)"Marihuana" Procedureshas forthe sharingsame informationmeaning regardingas hempin 754section cultivation3719.01 license holders with the secretary of the USDA;Revised Code.

755(I) (T)"Medical Amarijuana" setbackhas distance requirement that specifies the 756same distancemeaning thatas ain hempsection cultivation3796.01 licenseof holderthe shallRevised locateCode. 757 hemp plants from a location where medical marijuana or adult-use 758 marijuana is being cultivated.

The(J) requirement"Process" doesor not"processing" applymeans toconverting 759 a hemp cultivationinto license holder with regard to a medical 760 marijuana cultivator that locates medical marijuana or adult-use 761 marijuana within the established setback distance requirement 762 after the hemp cultivationproduct. license holder begins operation.

763(K) (U)"University" Annualmeans reportingan requirementsinstitution andof procedureshigher foreducation hempas 764defined cultivationin licensesection holders3345.12 of the Revised Code and hempa processingprivate licensenonprofit holders;institution with a certificate of authorization issued pursuant to Chapter 1713.

765of (V)the RecordkeepingRevised andCode. documentation maintenance 766 requirements and procedures for hemp cultivation license holders 767 Sub.

(L) "USDA" means the United States department of agriculture.

Sec.

928.02.

(A)(1) The director of agriculture may establish a program to monitor and regulate hemp cultivation and shall establish a program to monitor and regulate hemp processing in this state.

(2) If the director establishes a program to monitor and regulate hemp cultivation in this state and subsequently intends to transfer authority to the United States department of agriculture to monitor and regulate hemp cultivation in this state, the director shall take whatever actions necessary to effectuate such transfer.

(3) If the director implements a program to monitor and regulate hemp cultivation under division (A)(1) of this section, the director shall issue hemp cultivation licenses in accordance with rules adopted under section 928.03 of the Revised Code.

(4) If the director implements a program to monitor and regulate hemp cultivation under division (A)(1) of this section and as authorized by the director, the department of agriculture or a university may cultivate hemp without a hemp cultivation license for research purposes.

(5) As authorized by the director, the department of agriculture or a university may process hemp without a hemp processing license for research purposes.

(B) If the director implements a program to monitor and regulate hemp cultivation under division (A)(1) of this section and except as authorized under division (A)(4) or (E) of this section, any person that wishes to cultivate hemp shall apply for and obtain a hemp cultivation license from the director in accordance with rules adopted under section 928.03 of the Revised Code.

Except as authorized under division (A)(5) or (E) of this section, any person that wishes to process hemp shall apply for and obtain a hemp processing license from the director in accordance with those rules.

Such licenses are valid for three years unless earlier suspended or revoked by the director.

Am.

Sub.