Effective: September 4, 2013
Latest Legislation: Senate Bill 67 - 130th General Assembly
As used in this chapter:
(A) "Color of office" means actually, purportedly, or allegedly done under any law, ordinance, resolution, order, or other pretension to official right, power, or authority.
(B) "Public accountant" means any person who is authorized by Chapter 4701. of the Revised Code to use the designation of certified public accountant or who was registered prior to January 1, 1971, as a public accountant.
(C) "Public money" means any money received, collected by, or due a public official under color of office, as well as any money collected by any individual on behalf of a public office or as a purported representative or agent of the public office.
"Public money" does not include either of the following:
(1) Money or revenue earned by or from a person's ownership, operation, or use of an asset, whether tangible or intangible, that either in whole or in part was sold, was leased, was licensed, was the granting of a franchise, or was otherwise transferred or conveyed by a public office to the person pursuant to an agreement, authorized by law, between the person and the public office in which the public office received consideration from the person for the asset that was sold, leased, licensed, franchised, or otherwise transferred or conveyed;
(2) With respect to the transfer described in Chapter 4313. of the Revised Code and the operation of the enterprise acquisition project, revenues or receipts of or from the enterprise acquisition project in the hands of the nonprofit corporation formed under section 187.01 of the Revised Code or of a nonprofit entity the sole member of which is that nonprofit corporation, but does include any taxes collected on the spirituous liquor sales and then due the department of taxation and amounts then due to the state general revenue fund pursuant to section 4301.12 of the Revised Code. As used in this division, "enterprise acquisition project" has the meaning defined in section 4313.01 of the Revised Code.
(D) "Public office" means any state agency, public institution, political subdivision, other organized body, office, agency, institution, or entity established by the laws of this state for the exercise of any function of government. "Public office" does not include the nonprofit corporation formed under section 187.01 of the Revised Code.
(E) "Public official" means any officer, employee, or duly authorized representative or agent of a public office.
(F) "State agency" means every organized body, office, agency, institution, or other entity established by the laws of the state for the exercise of any function of state government.
(G) "Audit" means any of the following:
(1) Any examination, analysis, or inspection of the state's or a public office's financial statements or reports;
(2) Any examination, analysis, or inspection of records, documents, books, or any other evidence relating to either of the following:
(a) The collection, receipt, accounting, use, or expenditure of public money by a public office or by a private institution, association, board, or corporation;
(b) The determination by the auditor of state, as required by section 117.11 of the Revised Code, of whether a public office has complied with all the laws, rules, ordinances, or orders pertaining to the public office.
(3) Any other type of examination, analysis, or inspection of a public office, or of the specific funds or accounts of a private institution, association, board, or corporation into which public money has been placed or deposited, that is conducted according to generally accepted or governmental auditing standards established by rule pursuant to section 117.19 of the Revised Code.
(H) "Person" has the meaning defined in section 1.59 of the Revised Code.
Structure Ohio Revised Code
Chapter 117 | Auditor of State
Section 117.01 | Auditor of State Definitions.
Section 117.02 | Election - Term.
Section 117.04 | Chief Deputy Auditor of State.
Section 117.05 | Bond of Chief Deputy.
Section 117.06 | Powers and Duties of Chief Deputy.
Section 117.07 | Designee of Auditor May Serve.
Section 117.08 | Records Subject to Inspection.
Section 117.09 | Auditor of State Authority.
Section 117.091 | Appointing Investigators.
Section 117.10 | Auditor of State - Duties - Federal Audits.
Section 117.101 | Uniform Accounting Network - Fund.
Section 117.103 | Auditor of State's System for Reporting Fraud.
Section 117.105 | Notice From Auditor.
Section 117.11 | Annual, Biennial, and Early Audits.
Section 117.112 | Audit of Buckeye Tobacco Settlement Financing Authority.
Section 117.113 | Audit of Rc Chapter 3326 Technical Schools.
Section 117.116 | Review of Warrant Under Protest.
Section 117.12 | Rules for Audit Standards, Procedures, and Guidelines.
Section 117.131 | Local Government Audit Support Fund.
Section 117.14 | Annual Audit of Office of Auditor.
Section 117.15 | Annual Audit and Inventory of State Treasury and Custodial Funds.
Section 117.16 | Force Account Project Assessment Form.
Section 117.161 | Joint Force Account Project Limits.
Section 117.17 | Letter of Representation by Retiring Head of State Agency.
Section 117.171 | Certificate of Transition.
Section 117.18 | Auditor and Designated Employee - Powers.
Section 117.19 | Rules for Generally Accepted or Governmental Auditing Standards,.
Section 117.20 | Rule Making Procedure.
Section 117.21 | Retention of Audit Materials.
Section 117.22 | Request for Assistance.
Section 117.23 | Report of Public Accountant.
Section 117.24 | Analyzing Report of Public Accountant.
Section 117.25 | Incorporating Report of Public Accountant and Results of Auditor's Analysis.
Section 117.251 | Notation of Investments in Eligible Depositories.
Section 117.26 | Certified Copies of Completed Audit Reports.
Section 117.27 | Filing Certified Copy With Legal Counsel.
Section 117.28 | Report of Audit and Actions Thereon.
Section 117.29 | Audit Report Showing Malfeasance or Gross Neglect of Duty.
Section 117.30 | Attorney General Action.
Section 117.31 | Illegal Expenditures in Attorney General's Office.
Section 117.32 | Surety May Be Sued in Same Action.
Section 117.33 | Abating or Compromising Claims.
Section 117.34 | Cause of Action Accrues When Report Filed.
Section 117.35 | Submission of Judgment Entry to Attorney General.
Section 117.36 | Jurisdiction of Civil Actions.
Section 117.37 | Advancement of Causes.
Section 117.38 | Annual Reports.
Section 117.39 | Financial Reports From Any Public Office.
Section 117.40 | Refusal to Keep Accounts.
Section 117.41 | Unauditable Offices.
Section 117.42 | Enforcement Powers of Attorney General.
Section 117.431 | Accounting of Public Money in Possession of Private Institution.
Section 117.44 | Training Programs for Township Fiscal Officers, City Auditors and Village Clerks.
Section 117.441 | Fiduciary Training Programs.
Section 117.45 | Format for Sworn Affidavit.
Section 117.46 | Performance Audits of State Agencies.
Section 117.461 | Comment Period.
Section 117.462 | Implementation of Recommendations.
Section 117.463 | Annual Report.
Section 117.464 | Cost of Audits at State University or College.
Section 117.465 | Agreement to Exceed Limits.
Section 117.47 | Leverage for Efficiency, Accountability, and Performance Fund.
Section 117.471 | Payment for Audit; Amount Charged.
Section 117.472 | Failure to Make Payment.
Section 117.48 | Shared Equipment Service Agreement Program.
Section 117.51 | Custodian of Public Land Records.
Section 117.52 | Adjusting Amount Recoverable for Wrongful Imprisonment.
Section 117.53 | Audit Statement Regarding Adoption of Anti-Harassment Policy.
Section 117.54 | Auditor of State Investigation and Forfeiture Trust Fund.