As Introduced*

122nd General Assembly
Regular Session
1997-1998
H. B. No. 770

REPRESENTATIVE JOHNSON


A BILL
To amend sections 101.34, 101.70, 101.71, 101.72, 101.73, 101.74, 101.75, 101.77, 101.78, 101.79, 121.60, 121.61, 121.62, 121.63, 121.64, 121.65, 121.68, 121.69, 126.14, 131.35, 133.06, 718.01, 3313.646, 3313.841, 3313.842, 3313.98, 3314.03, 3314.07, 3314.08, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0214, 3317.0215, 3317.0216, 3317.03, 3317.05, 3317.051, 3317.06, 3317.082, 3317.10, 3317.11, 3317.161, 3317.19, 3318.06, 3318.08, 3318.10, 3323.091, 3323.12, 3704.14, 3734.57, 3734.82, 4123.40, 4701.10, 4701.20, 4743.05, 4745.01, 5711.22, 5733.04, 5733.05, 5733.057, 5733.0611, 5733.12, 5733.40, 5733.98, 5747.01, 5747.08, 5747.43, and 5747.98; to enact sections 715.013, 3314.12, 3314.13, 3315.171, 3315.181, 3345.122, 4981.091, 5733.058, 5733.401, 5733.402, 5747.401, and 5907.15; and to repeal section 5747.452 of the Revised Code; to amend Section 50.11 of Am. Sub. H.B. 215 of the 122nd General Assembly, as subsequently amended; to amend Section 50.11 of Am. Sub. H.B. 215 of the 122nd General Assembly, as subsequently amended, for the purpose of changing its number to section 3317.162 of the Revised Code; to amend Sections 20.05, 47.13, 58, 62.01, 67.08, 119, 190, and 210 of Am. Sub. H.B. 215 of the 122nd General Assembly; to amend Section 67.05 of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by Sub. H.B. 446 of the 122nd General Assembly; to amend Sections 50, 50.07, 50.09, 50.10, 50.12, 50.13, 50.14, 50.24, and 50.52.10 of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 650 of the 122nd General Assembly; to amend Section 18 of Am. Sub. H.B. 650 of the 122nd General Assembly; and to amend Section 50.06 of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 182 and Am. Sub. H.B. 650 of the 122nd General Assembly to correct, supplement, and modify certain authorizations and conditions established for the operation and administration of state programs, and to make appropriations for the biennium ending June 30, 1999.

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


Section 1. That sections 101.34, 101.70, 101.71, 101.72, 101.73, 101.74, 101.75, 101.77, 101.78, 101.79, 121.60, 121.61, 121.62, 121.63, 121.64, 121.65, 121.68, 121.69, 126.14, 131.35, 133.06, 718.01, 3313.646, 3313.841, 3313.842, 3313.98, 3314.03, 3314.07, 3314.08, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0214, 3317.0215, 3317.0216, 3317.03, 3317.05, 3317.051, 3317.06, 3317.082, 3317.10, 3317.11, 3317.161, 3317.19, 3318.06, 3318.08, 3318.10, 3323.091, 3323.12, 3704.14, 3734.57, 3734.82, 4123.40, 4701.10, 4701.20, 4743.05, 4745.01, 5711.22, 5733.04, 5733.05, 5733.057, 5733.0611, 5733.12, 5733.40, 5733.98, 5747.01, 5747.08, 5747.43, and 5747.98 be amended and sections 715.013, 3314.12, 3314.13, 3315.171, 3315.181, 3345.122, 4981.091, 5733.058, 5733.401, 5733.402, 5747.401, and 5907.15 of the Revised Code be enacted and that Section 50.11 of Am. Sub. H.B. 215 of the 122nd General Assembly, as most recently amended by Am. Sub. H.B. 650 of the 122nd General Assembly, be amended and renumbered as section 3317.162 of the Revised Code to read as follows:

Sec. 101.34. (A) There is hereby created a joint legislative ethics committee to serve the general assembly. The committee shall be composed of twelve members, six each from the two major political parties, and each member shall serve on the committee during the member's term as a member of that general assembly. Six members of the committee shall be members of the house of representatives appointed by the speaker of the house of representatives, not more than three from the same political party, and six members of the committee shall be members of the senate appointed by the president of the senate, not more than three from the same political party. A vacancy in the committee shall be filled for the unexpired term in the same manner as an original appointment. The members of the committee shall be appointed within fifteen days after the first day of the first regular session of each general assembly and the committee shall meet and proceed to recommend an ethics code not later than thirty days after the first day of the first regular session of each general assembly.

In the first regular session of each general assembly, the speaker of the house of representatives shall appoint the chairperson of the committee from among the house members of the committee and the president of the senate shall appoint the vice-chairperson of the committee from among the senate members of the committee. In the second regular session of each general assembly, the president of the senate shall appoint the chairperson of the committee from among the senate members of the committee and the speaker of the house of representatives shall appoint the vice-chairperson of the committee from among the house members of the committee. The chairperson, vice-chairperson, and members of the committee shall serve until their respective successors are appointed or until they are no longer members of the general assembly.

The committee shall meet at the call of the chairperson or upon the written request of seven members of the committee.

(B) The joint legislative ethics committee:

(1) Shall recommend a code of ethics which is consistent with law to govern all members and employees of each house of the general assembly and all candidates for the office of member of each house;

(2) May receive and hear any complaint which alleges a breach of any privilege of either house, or misconduct of any member, employee, or candidate, or any violation of CHAPTER 102. OR SECTION 2921.42 OR 2921.43 OF THE REVISED CODE OR the appropriate LEGISLATIVE code of ethics;

(3) May obtain information with respect to any complaint filed pursuant to this section and to that end may enforce the attendance and testimony of witnesses, and the production of books and papers;

(4) May recommend whatever sanction is appropriate with respect to a particular member, employee, or candidate as will best maintain in the minds of the public a good opinion of the conduct and character of members and employees of the general assembly;

(5) May recommend legislation to the general assembly relating to the conduct and ethics of members and employees of and candidates for the general assembly;

(6) Shall employ an executive director for the committee and may employ such other staff as the committee determines necessary to assist it in exercising its powers and duties. The executive director and staff of the committee shall be known as the office of legislative inspector general. At least one member of the staff of the committee shall be an attorney at law licensed to practice law in this state. The appointment and removal of the executive director shall require the approval of at least eight members of the committee.

(7) May employ a special counsel to assist the committee in exercising its powers and duties. The appointment and removal of a special counsel shall require the approval of at least eight members of the committee.

(8) Shall act as an advisory body to the general assembly and to individual members, candidates, and employees on questions relating to ETHICS, possible conflicts of interest, AND FINANCIAL DISCLOSURE;

(9) Shall provide for the proper forms on which the statement required pursuant to section 102.02 of the Revised Code shall be filed and instructions as to the filing of the statement;

(10) Exercise the powers and duties prescribed under IN sections 101.70 to 101.79 and 121.60 to 121.69 of the Revised Code;

(11) Adopt in accordance with section 111.15 of the Revised Code any rules that are necessary to implement and clarify Chapter 102. and sections 2921.42 and 2921.43 of the Revised Code.

(C) There is hereby created in the state treasury the joint legislative ethics committee fund. All money collected from registration fees prescribed under sections 101.72 and 121.62 of the Revised Code shall be deposited into the state treasury to the credit of the fund. Money credited to the fund and any interest and earnings from the fund shall be used solely for the operation of the joint legislative ethics committee and the office of legislative inspector general and for the purchase of data storage and computerization facilities for the statements filed with the joint committee under sections 101.73, 101.74, 121.63, and 121.64 of the Revised Code.

(D) The chairperson of the joint committee shall issue a written report, not later than the thirty-first day of January of each year, to the speaker and minority leader of the house of representatives and to the president and minority leader of the senate that lists the number of committee meetings and investigations the committee conducted during the immediately preceding calendar year and the number of advisory opinions it issued during the immediately preceding calendar year.

(E) Any investigative report that contains facts and findings regarding a complaint filed with the committee and that is prepared by the staff of the committee or a special counsel to the committee shall become a public record upon its acceptance by a vote of the majority of the members of the committee, except for any names of specific individuals and entities contained in the report. If the committee recommends disciplinary action or reports its findings to the appropriate prosecuting authority for proceedings in prosecution of the violations alleged in the complaint, the investigatory report regarding the complaint shall become a public record in its entirety.

(F)(1) Any file obtained by or in the possession of the former house ethics committee or former senate ethics committee shall become the property of the joint legislative ethics committee. Any such file is confidential if either of the following applies:

(a) It is confidential under section 102.06 of the Revised Code or the legislative code of ethics.

(b) If the file was obtained from the former house ethics committee or from the former senate ethics committee, it was confidential under any statute or any provision of a code of ethics that governed the file.

(2) As used in this division, "file" includes, but is not limited to, evidence, documentation, or any other tangible thing.

(G) THE OFFICE OF LEGISLATIVE INSPECTOR GENERAL SHALL EXERCISE THE POWERS AND DUTIES PRESCRIBED TO THE OFFICE IN SECTIONS 101.70 TO 101.79 AND SECTIONS 121.60 TO 121.69 OF THE REVISED CODE.

Sec. 101.70. As used in sections 101.70 to 101.79 and 101.99 of the Revised Code:

(A) "Person" means any individual, partnership, trust, estate, business trust, association, or corporation; any labor organization or manufacturer association; any department, commission, board, publicly supported college or university, division, institution, bureau, or other instrumentality of the state; or any county, township, municipal corporation, school district, or other political subdivision of the state.

(B) "Legislation" means bills, resolutions, amendments, nominations, and any other matter PROPOSED FOR CONSIDERATION OR pending before the general assembly, any matter pending before the controlling board, or the executive approval or veto of any bill acted upon by the general assembly.

(C) "Compensation" means a salary, gift, payment, benefit, subscription, loan, advance, reimbursement, or deposit of money or anything of value; or a contract, promise, or agreement, whether or not legally enforceable, to make compensation.

(D)(1) "Expenditure" means any of the following that is made to, at the request of, for the benefit of, or on behalf of any member of the general assembly, any member of the controlling board, the governor, the director of a department created under section 121.02 of the Revised Code, or any member of the staff of any public officer or employee listed in this division:

(1)(a) A payment, distribution, loan, advance, deposit, reimbursement, or gift of money, real estate, or anything of value, including, but not limited to, food and beverages, entertainment, lodging, or transportation;

(2)(b) A contract, promise, or agreement to make an expenditure, whether or not legally enforceable;

(3)(c) The purchase, sale, or gift of services or any other thing of value.

"Expenditure

(2) "EXPENDITURE" does not include a ANY OF THE FOLLOWING:

(a) A contribution, gift, or grant to a foundation or other charitable organization that is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. "Expenditure" does not include the;

(b) THE purchase, sale, or gift of services or any other thing of value that is available to the general public on the same terms as it is available to the persons listed in this division, or an offer or sale of securities to any person listed in this division that is governed by regulation D, 17 C.F.R. 2301.501 to 2301.508, adopted under the authority of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is governed by a comparable provision under state law.;

(c) A CONTRIBUTION AS DEFINED IN SECTION 3517.01 OF THE REVISED CODE;

(d) AMOUNTS SPENT FOR TRADE, INDUSTRY, GOVERNMENT, OR PROFESSIONAL ASSOCIATION PUBLICATIONS;

(e) AMOUNTS SPENT FOR PROMOTIONAL MATERIALS OR ITEMS VALUED AT LESS THAN TWENTY-FIVE DOLLARS;

(f) AMOUNTS SPENT FOR MEALS AND OTHER FOOD AND BEVERAGES PROVIDED TO ANY PARTICULAR MEMBER OF THE GENERAL ASSEMBLY, ANY PARTICULAR MEMBER OF THE CONTROLLING BOARD, THE GOVERNOR, THE DIRECTOR OF A DEPARTMENT CREATED UNDER SECTION 121.02 OF THE REVISED CODE, OR ANY PARTICULAR MEMBER OF THE STAFF OF ANY OF THE PUBLIC OFFICERS OR EMPLOYEES LISTED IN DIVISION (D)(2)(f) OF THIS SECTION AT A MEETING AT WHICH THE PUBLIC OFFICER OR EMPLOYEE PARTICIPATED IN A SEMINAR, PANEL, OR SPEAKING ENGAGEMENT OR PROVIDED TO THE PUBLIC OFFICER OR EMPLOYEE AT A MEETING OR CONVENTION OF A NATIONAL ORGANIZATION TO WHICH THE PUBLIC EMPLOYER OF THE PUBLIC OFFICER OR PUBLIC EMPLOYEE PAYS MEMBERSHIP DUES.

(E) "Actively advocate" means to promote, advocate, or oppose the INTRODUCTION, passage, modification, defeat, or executive approval or veto of any legislation by direct communication with any member of the general assembly, any member of the controlling board, the governor, the director of any department listed in section 121.02 of the Revised Code, or any member of the staff of any public officer or employee listed in this division. "Actively advocate" does not include the action of any person not engaged by an employer who has a direct interest in legislation if the person, acting under Section 3 of Article I, Ohio Constitution, assembles together with other persons to consult for their common good, instructs a public officer or employee who is listed in this division, or petitions that public officer or employee for the redress of grievances.

(F) "Legislative agent" means any individual, except a member of the general assembly, a member of the staff of the general assembly, the governor, lieutenant governor, attorney general, secretary of state, treasurer of state, or auditor of state, OR ANY OTHER ELECTED OFFICIAL WHO ATTEMPTS TO INFLUENCE OR AFFECT LEGISLATION IN THE PERFORMANCE OF THE INDIVIDUAL'S OFFICIAL DUTIES, who is engaged during at least a SIGNIFICANT portion of his THE INDIVIDUAL'S time to actively advocate as one of his main purposes.

(G) "Employer" means any person who, directly or indirectly, engages a legislative agent.

(H) "Engage" means to make any arrangement, and "engagement" means any arrangement, whereby an individual is employed or retained for compensation to act for or on behalf of an employer to actively advocate.

(I) "Financial transaction" means a transaction or activity that is conducted or undertaken for profit and arises from the joint ownership or the ownership or part ownership in common of any real or personal property or any commercial or business enterprise of whatever form or nature between the following:

(1) A legislative agent, his AN employer OF A LEGISLATIVE AGENT, or a member of the immediate family of the legislative agent or his A LEGISLATIVE AGENT'S employer; and

(2) Any member of the general assembly, any member of the controlling board, the governor, the director of a department created under section 121.02 of the Revised Code, or any member of the staff of a public officer or employee listed in division (I)(2) of this section.

"Financial transaction" does not include any transaction or activity described in division (I) of this section if it is available to the general public on the same terms, or if it is an offer or sale of securities to any person listed in division (I)(2) of this section that is governed by regulation D, 17 C.F.R. 2301.501 to 2301.508, adopted under the authority of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is governed by a comparable provision under state law.

(J) "Staff" means any state employee whose official duties are to formulate policy and, who exercises administrative or supervisory authority or who authorizes the expenditure of state funds, AND WHO IS REQUIRED TO FILE A FINANCIAL DISCLOSURE STATEMENT UNDER SECTION 102.02 OF THE REVISED CODE.

Sec. 101.71. (A) No legislative agent or employer shall knowingly fail to register as required under section 101.72 of the Revised Code AND NO PERSON SHALL KNOWINGLY ACT AS A LEGISLATIVE AGENT OR EMPLOYER WHILE THE PERSON'S REGISTRATION IS SUSPENDED UNDER DIVISION (F) OF SECTION 101.72 of the Revised Code.

(B) No legislative agent or employer shall knowingly fail to keep a receipt or maintain a record that section 101.73 of the Revised Code requires the person to keep or maintain.

(C) No person shall knowingly fail to file a statement that section 101.73 or 101.74 of the Revised Code requires the person to file.

(D) No person shall knowingly file a false statement that section 101.73 or 101.74 of the Revised Code requires the person to file.

Sec. 101.72. (A) Each legislative agent and employer, within ten days following an engagement of a legislative agent, shall file with the joint OFFICE OF legislative ethics committee INSPECTOR GENERAL an initial registration statement showing all of the following:

(1) The name, business address, and occupation of the legislative agent;

(2) The name and business address of the employer and the real party in interest on whose behalf the legislative agent is actively advocating, if it is different from the employer. For the purposes of division (A) of this section, where a trade association or other charitable or fraternal organization that is exempt from federal income taxation under subsection 501(c) of the federal Internal Revenue Code is the employer, the statement need not list the names and addresses of each member of the association or organization, so long as the association or organization itself is listed.

(3) A brief description of the type of legislation to which the engagement relates.

(B) In addition to the initial registration statement required by division (A) of this section, each legislative agent and employer shall file with the joint committee OFFICE, not later than the last day of January, May, and September JULY of each year, an updated registration statement that confirms the continuing existence of each engagement described in an initial registration statement and that lists the specific bills or resolutions on which the LEGISLATIVE agent actively advocated under that engagement during the period covered by the updated statement, and with it any statement of expenditures required to be filed by section 101.73 of the Revised Code and any details of financial transactions required to be filed by section 101.74 of the Revised Code.

(C) If a legislative agent is engaged by more than one employer, the agent shall file a separate initial and updated registration statement for each engagement. If an employer engages more than one legislative agent, the employer need file only one updated registration statement under division (B) of this section, which shall contain the information required by division (B) of this section regarding all of the legislative agents engaged by the employer.

(D)(1) A change in any information required by division (A)(1), (2), or (B) of this section shall be reflected in the next updated registration statement filed under division (B) of this section.

(2) Within thirty days after the termination of an engagement, the legislative agent who was employed under the engagement shall send written notification of the termination to the joint committee OFFICE.

(E) Except as otherwise provided in this division, a registration fee of ten dollars shall be charged for filing an initial registration statement. All money collected from this registration fee shall be deposited to the credit of the joint legislative ethics committee fund created under section 101.34 of the Revised Code. An officer or employee of a state agency who actively advocates in a fiduciary capacity as a representative of that state agency need not pay the registration fee prescribed by this division or file expenditure statements under section 101.73 of the Revised Code. As used in this division, "state agency" does not include a state institution of higher education as defined in section 3345.011 of the Revised Code.

(F) Upon registration pursuant to division (A) of this section, the legislative agent shall be issued a card by the joint committee OFFICE showing that the legislative agent is registered. The registration card and the legislative agent's registration shall be valid from the date of their issuance until the next thirty-first day of December of an even-numbered year UNLESS THE LEGISLATIVE AGENT'S REGISTRATION IS SUSPENDED UNDER THIS DIVISION.

ANY PERSON FOUND GUILTY OF TWO OR MORE VIOLATIONS OF DIVISION (A), (B), (C), OR (D) OF SECTION 101.71, OR OF SECTION 2921.02 OR 2921.13, of the Revised Code IS PROHIBITED THEREAFTER FROM REGISTERING AS A LEGISLATIVE AGENT OR AN EMPLOYER OF A LEGISLATIVE AGENT, AND ANY EXISTING REGISTRATION OF THAT PERSON IS REVOKED. ANY PERSON ASSESSED THE MAXIMUM LATE FILING FEE UNDER DIVISION (G) OF THIS SECTION FOR TWO SUCCESSIVE SIX-MONTH REPORTING PERIODS IS PROHIBITED FROM REGISTERING AS A LEGISLATIVE AGENT OR EMPLOYER OF A LEGISLATIVE AGENT FOR SIX MONTHS, AND ANY EXISTING REGISTRATION OF THAT PERSON IS SUSPENDED FOR SIX MONTHS.

(G) The executive director of the joint committee OFFICE shall be responsible for reviewing each registration statement filed with the joint committee OFFICE under this section and for determining whether the statement contains all of the information required by this section. If the joint committee OFFICE determines that the registration statement does not contain all of the required information or that a legislative agent or employer has failed to file a registration statement, the joint committee OFFICE shall send written notification by certified mail to the person who filed the registration statement regarding the deficiency in the statement or to the person who failed to file the registration statement regarding the failure. Any person so notified by the joint committee OFFICE shall, not later than fifteen days after receiving the notice, file a registration statement or an amended registration statement that does contain all of the information required by this section. If any person who receives a notice under this division fails to file a registration statement or such an amended registration statement within this fifteen-day period, the joint committee OFFICE shall notify the attorney general, who may take appropriate action as authorized under section 101.79 of the Revised Code. If the joint committee notifies the attorney general under this division, the joint committee shall also notify in writing the governor and each member of the general assembly of the pending investigation ASSESS A LATE FILING FEE OF TWENTY-FIVE DOLLARS PER DAY, UP TO A MAXIMUM OF TWO HUNDRED FIFTY DOLLARS, UPON THAT PERSON. IF ANY PERSON ASSESSED THE MAXIMUM TWO-HUNDRED-FIFTY-DOLLAR LATE FEE UNDER THIS DIVISION STILL FAILS TO FILE A REGISTRATION STATEMENT OR AN AMENDED REGISTRATION STATEMENT, THE OFFICE MAY REFER THE MATTER TO APPROPRIATE PROSECUTING AUTHORITY.

(H) On or before the fifteenth day of March of each year, the joint committee OFFICE shall, in the manner and form that it determines, publish a report containing statistical information on the registration statements filed with it under this section during the preceding year.

Sec. 101.73. (A) Each legislative agent and each employer shall file in the office of the joint legislative ethics committee INSPECTOR GENERAL, with the updated registration statement required by division (B) of section 101.72 of the Revised Code, a statement of expenditures as specified in divisions (B) and (C) of this section. A legislative agent shall file a separate statement of expenditures under this section for each employer engaging him THE LEGISLATIVE AGENT.

(B)(1) In addition to the information required by divisions (B)(2) and (3) of this section, a statement filed by a legislative agent shall show the total amount of expenditures made by the legislative agent during the reporting period covered by the statement.

(2) If, during a reporting period covered by a statement, an employer or any legislative agent he engaged made, either separately or in combination with each other, either directly or indirectly, expenditures to, at the request of, for the benefit of, or on behalf of any particular member of the general assembly, any particular member of the controlling board, the governor, the director of a department created under section 121.02 of the Revised Code, or any particular member of the staff of any of the public officers or employees listed in division (B)(2) of this section, then the employer or legislative agent shall also state all of the following:

(a) The name of the public officer or employee to whom, at whose request, for whose benefit, or on whose behalf the expenditures were made;

(b) The total amount of the expenditures made;

(c) A brief description of the expenditures made;

(d) The approximate date the expenditures were made;

(e) The specific items of legislation, if any, for which the expenditures were made and the identity of the client on whose behalf each expenditure was made.

As used in division (B)(2) of this section, "expenditures" does not include expenditures made by a legislative agent as payment for meals and other food and beverages.

(3) If, during a reporting period covered by a statement, a legislative agent made expenditures as payment for meals and other food and beverages, other than for meals and other food and beverages provided to a member of the general assembly at a meeting at which the member participated in a panel, seminar, or speaking engagement or provided to a member of the general assembly at a meeting or convention of a national organization to which either house of the general assembly, any legislative agency, or any other state agency pays membership dues, that, when added to the amount of previous payments made for meals and other food and beverages by that legislative agent during that same calendar year, exceeded a total of fifty dollars to, at the request of, for the benefit of, or on behalf of any particular member of the general assembly, any particular member of the controlling board, the governor, the director of a department created under section 121.02 of the Revised Code, or any particular member of the staff of any of the public officers or employees listed in division (B)(3) of this section, then the legislative agent shall also state all of the following regarding those expenditures:

(a) The name of the public officer or employee to whom, at whose request, for whose benefit, or on whose behalf the expenditures were made;

(b) The total amount of the expenditures made;

(c) A brief description of the expenditures made;

(d) The approximate date the expenditures were made;

(e) The specific items of legislation, if any, for which the expenditures were made and the identity of the client on whose behalf each expenditure was made.

(C)(1) In addition to the information required by divisions (B)(C)(2) and (3) of this section, a statement filed by an employer shall show the total amount of expenditures made by the employer filing the statement during the period covered by the statement. As used in this section, "expenditures" does not include the expenses of maintaining office facilities or the compensation paid to legislative agents engaged by an employer.

(2) IF, DURING A REPORTING PERIOD COVERED BY A STATEMENT, AN EMPLOYER MADE, EITHER DIRECTLY OR INDIRECTLY, EXPENDITURES TO, AT THE REQUEST OF, FOR THE BENEFIT OF, OR ON BEHALF OF ANY PARTICULAR MEMBER OF THE GENERAL ASSEMBLY, ANY PARTICULAR MEMBER OF THE CONTROLLING BOARD, THE GOVERNOR, THE DIRECTOR OF A DEPARTMENT CREATED UNDER SECTION 121.02 OF THE REVISED CODE, OR ANY PARTICULAR MEMBER OF THE STAFF OF ANY OF THE PUBLIC OFFICERS OR EMPLOYEES LISTED IN DIVISION (C)(2) OF THIS SECTION, THEN THE EMPLOYER SHALL ALSO STATE ALL OF THE FOLLOWING:

(a) THE NAME OF THE PUBLIC OFFICER OR EMPLOYEE TO WHOM, AT WHOSE REQUEST, FOR WHOSE BENEFIT, OR ON WHOSE BEHALF THE EXPENDITURES WERE MADE;

(b) THE TOTAL AMOUNT OF THE EXPENDITURES MADE;

(c) A BRIEF DESCRIPTION OF THE EXPENDITURES MADE;

(d) THE APPROXIMATE DATE THE EXPENDITURES WERE MADE;

(e) THE SPECIFIC ITEMS OF LEGISLATION, IF ANY, FOR WHICH THE EXPENDITURES WERE MADE.

AS USED IN DIVISION (C)(2) OF THIS SECTION, "EXPENDITURES" DOES NOT INCLUDE EXPENDITURES MADE BY AN EMPLOYER AS PAYMENT FOR MEALS AND OTHER FOOD AND BEVERAGES.

(3) IF, DURING A REPORTING PERIOD COVERED BY A STATEMENT, AN EMPLOYER MADE EITHER DIRECTLY OR INDIRECTLY EXPENDITURES AS PAYMENT FOR MEALS AND OTHER FOOD AND BEVERAGES TO, AT THE REQUEST OF, FOR THE BENEFIT OF, OR ON BEHALF OF ANY PARTICULAR MEMBER OF THE GENERAL ASSEMBLY, ANY PARTICULAR MEMBER OF THE CONTROLLING BOARD, THE GOVERNOR, THE DIRECTOR OF A DEPARTMENT CREATED UNDER SECTION 121.02 of the Revised Code, OR ANY PARTICULAR MEMBER OF THE STAFF OF ANY OF THE PUBLIC OFFICERS OR EMPLOYEES LISTED IN DIVISION (C)(3) OF THIS SECTION, THEN THE EMPLOYER SHALL ALSO STATE ALL OF THE FOLLOWING REGARDING THOSE EXPENDITURES:

(a) THE NAME OF THE PUBLIC OFFICER OR EMPLOYEE TO WHOM, AT WHOSE REQUEST, FOR WHOSE BENEFIT, OR ON WHOSE BEHALF THE EXPENDITURES WERE MADE;

(b) THE TOTAL AMOUNT OF THE EXPENDITURES MADE;

(c) A BRIEF DESCRIPTION OF THE EXPENDITURES MADE;

(d) THE APPROXIMATE DATE THE EXPENDITURES WERE MADE;

(e) THE SPECIFIC ITEMS OF LEGISLATION, IF ANY, FOR WHICH THE EXPENDITURES WERE MADE AND ON WHOSE BEHALF EACH EXPENDITURE WAS MADE.

(4) No employer is required to show any expenditure on a statement filed under this division if the expenditure is reported on a statement filed under division (B) of this section by a legislative agent engaged by the employer.

(D) Any statement required to be filed under this section shall be filed at the times specified in section 101.72 of the Revised Code. Each statement shall cover expenditures made during the four-calendar-month SIX-CALENDAR-MONTH period that ended on the last day of the month immediately preceding the month in which the statement is required to be filed.

No portion of the amount of an expenditure for a dinner, party, or other SIMILAR function sponsored by an employer or legislative agent need be attributed to, or counted toward the amount for, a reporting period specified in division (B)(2) or (3) OR (C)(2) OR (3) of this section if the sponsor has invited to the function all the members of either of the following:

(1) The general assembly;

(2) Either house of the general assembly.

However, the amount spent for such function and its date and purpose shall be reported separately on the statement required to be filed under this section and the amount spent for the function shall be added with other expenditures for the purpose of determining the total amount of expenditures reported in the statement under division (B)(1) or (C)(1) of this section.

If it is impractical or impossible for a legislative agent or employer to determine exact dollar amounts or values of expenditures, reporting of good faith estimates, based upon reasonable accounting procedures, constitutes compliance with this section.

(E) All legislative agents and employers shall retain receipts or maintain records for all expenditures that are required to be reported pursuant to this section. These receipts or records shall be maintained for a period ending on the thirty-first day of December of the second calendar year after the year in which the expenditure was made.

(F)(1) An employer or legislative agent who is required to file an expenditure statement under division (B) or (C) of this section shall deliver a copy of the statement, or of the portion showing the expenditure, to the public officer or employee who is listed in the statement as having received the expenditure or on whose behalf it was made, at least ten days before the date on which the statement is filed.

(2) If, during a reporting period covered by an expenditure statement filed under division (B)(2) of this section, an employer or any legislative agent he engaged made, either separately or in combination with each other, either directly or indirectly, expenditures for transportation, lodging, or food and beverages purchased for consumption on the premises in which the food and beverages were sold to, at the request of, for the benefit of, or on behalf of any of the public officers or employees described in division (B)(2) of this section, the employer or legislative agent shall deliver to the public officer or employee a statement that contains all of the nondisputed information prescribed in division (B)(2)(a) through (e) of this section with respect to the expenditures described in division (F)(2) of this section. The statement of expenditures made under division (F)(2) of this section shall be delivered to the public officer or employee to whom, at whose request, for whose benefit, or on whose behalf those expenditures were made on the same day in which a copy of the expenditure statement or of a portion showing the expenditure is delivered to the public officer or employee under division (F)(1) of this section. An employer is not required to show any expenditure on a statement delivered under division (F)(2) of this section if the expenditure is shown on a statement delivered under division (F)(2) of this section by a legislative agent engaged by the employer.

Sec. 101.74. (A) Any legislative agent who has had any financial transaction with or for the benefit of any member of the general assembly, any member of the controlling board, the governor, the director of a department created under section 121.02 of the Revised Code, or any member of the staff of any public officer or employee listed in this division shall describe the details of the transaction, including the name of the public officer or employee, the purpose and nature of the transaction, and the date it was made or entered into, in a statement filed with the OFFICE OF THE LEGISLATIVE INSPECTOR GENERAL AND, IF THE TRANSACTION WAS WITH OR FOR THE BENEFIT OF ANY MEMBER OF THE GENERAL ASSEMBLY OR ANY MEMBER OF THE STAFF OF A MEMBER OF THE GENERAL ASSEMBLY, FILED WITH THE joint legislative ethics committee TOGETHER with the updated registration statement required by division (B) of section 101.72 of the Revised Code. The statement shall be filed at the times specified in section 101.72 of the Revised Code. Each statement shall describe each financial transaction that occurred during the four-calendar-month SIX-CALENDAR-MONTH period that ended on the last day of the month immediately preceding the month in which the statement is required to be filed.

(B) Except as provided in division (D) of this section, any employer who has had any financial transaction with or for the benefit of any member of the general assembly, any member of the controlling board, the governor, the director of a department created under section 121.02 of the Revised Code, or any member of the staff of any public officer or employee listed in this division shall describe the details of the transaction, including the name of the public officer or employee, the purpose and nature of the transaction, and the date it was made or entered into, in a statement filed with the OFFICE OF THE LEGISLATIVE INSPECTOR GENERAL AND, IF THE TRANSACTION WAS WITH OR FOR THE BENEFIT OF ANY MEMBER OF THE GENERAL ASSEMBLY OR ANY MEMBER OF THE STAFF OF A MEMBER OF THE GENERAL ASSEMBLY, FILED WITH THE joint LEGISLATIVE ETHICS committee TOGETHER with the updated registration statement required by division (B) of section 101.72 of the Revised Code. The statement shall be filed at the times specified in section 101.72 of the Revised Code. Each statement shall describe each financial transaction that occurred during the four-calendar-month SIX-CALENDAR-MONTH period that ended on the last day of the month immediately preceding the month in which the statement is required to be filed.

(C) An employer or legislative agent who is required to file a statement describing a financial transaction under this section shall deliver a copy of the statement to the public officer or employee with whom or for whose benefit the transaction was made at least ten days before the date on which the statement is filed.

(D) No employer shall be required to file any statement under this section or to deliver a copy of the statement to a public officer or employee with whom or for whose benefit the transaction was made if the financial transaction to which the statement pertains is reported by a legislative agent engaged by the employer.

Sec. 101.75. If a dispute arises between any member of the general assembly, any member of the controlling board, or a member of the staff of the general assembly or controlling board and an employer or legislative agent with respect to an expenditure or financial transaction alleged in any statement to be filed under section 101.73 or 101.74 of the Revised Code, the member, STAFF MEMBER, employer, or legislative agent may file a complaint with the joint legislative ethics committee. The committee shall proceed to investigate the complaint as provided for other complaints in section 101.34 of the Revised Code.

The complaint shall be filed at least three days prior to the time the statement is required to be filed with the joint legislative ethics committee. The time for filing a disputed expenditure or financial transaction in any statement of expenditures or the details of a financial transaction shall be extended pending the final decision of the joint committee. This extension does not extend the time for filing the nondisputed portions of an expenditure A statement OF EXPENDITURES or of the details of a financial transaction. The joint committee shall notify the parties of its final decision by certified mail. If the committee decides that the disputed expenditure or financial transaction should be reported, the employer or legislative agent shall include the matter in an amended statement and file the amended statement not later than ten days after the employer or agent receives notice of the decision of the committee by certified mail.

IF A DISPUTE ARISES BETWEEN THE GOVERNOR, THE DIRECTOR OF A DEPARTMENT CREATED UNDER SECTION 121.02 of the Revised Code, OR A MEMBER OF THE STAFF OF THE GOVERNOR, OR THE DIRECTOR OF A DEPARTMENT CREATED UNDER SECTION 121.02 of the Revised Code, AND AN EMPLOYER OR LEGISLATIVE AGENT WITH RESPECT TO AN EXPENDITURE OR FINANCIAL TRANSACTION ALLEGED IN ANY STATEMENT TO BE FILED UNDER SECTION 101.73 OR 101.74 of the Revised Code, THE GOVERNOR, DEPARTMENT DIRECTOR, STAFF MEMBER, EMPLOYER, OR LEGISLATIVE AGENT MAY FILE A COMPLAINT PURSUANT TO SECTION 121.65 of the Revised Code. THE OFFICE OF LEGISLATIVE INSPECTOR GENERAL SHALL PROCEED TO INVESTIGATE THE COMPLAINT AS PROVIDED FOR OTHER COMPLAINTS IN SECTION 121.69 of the Revised Code.

An employer or legislative agent who files a false statement of expenditures or details of a financial transaction is liable in a civil action to any public officer or employee who sustains damage as a result of the filing or publication of the statement.

Sec. 101.77. No person shall engage any person to actively advocate in exchange for compensation that is contingent in any way upon the INTRODUCTION, passage, modification, or defeat of any legislation. No person shall accept any engagement to actively advocate in exchange for compensation that is contingent in any way upon the INTRODUCTION, passage, modification, or defeat of any legislation.

Sec. 101.78. (A) The joint OFFICE OF legislative ethics committee INSPECTOR GENERAL shall keep on file the statements required by sections 101.72, 101.73, and 101.74 of the Revised Code. Those statements are public records and open to public inspection, and the joint committee OFFICE shall computerize them so that the information contained in them is readily accessible to the general public. The joint committee OFFICE shall provide copies of the statements to the general public upon request and may charge a reasonable fee not to exceed the cost of copying and delivering each statement.

(B) The joint committee OFFICE shall prescribe and make available an appropriate form for filing the information required by sections 101.72, 101.73, and 101.74 of the Revised Code. The form shall contain the following notice in boldface type: "ANY PERSON WHO KNOWINGLY FILES A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE FIRST DEGREE."

(C) The joint committee OFFICE shall publish a handbook that explains in clear and concise language sections 101.70 to 101.79 and 101.99 of the Revised Code and make it available free of charge to members of the general assembly, legislative agents, employers, and any other interested persons.

(D) Not later than the last day of February and October of each year, the joint committee OFFICE shall compile from registration statements filed with it a complete and updated list of registered legislative agents and their employers and distribute the list to each member of the general assembly, each member of the controlling board who is not a member of the general assembly, and the governor. The joint committee OFFICE shall provide copies of the list to the general public upon request and may charge a reasonable fee not to exceed the cost of copying and delivering the list.

(E) The joint committee may adopt rules as necessary to implement sections 101.70 to 101.79 of the Revised Code, and any such rules it adopts shall be adopted in accordance with section 111.15 of the Revised Code.

Sec. 101.79. (A) The attorney GENERAL AND THE OFFICE OF LEGISLATIVE INSPECTOR general and any assistant or special counsel designated by him THE ATTORNEY GENERAL OR OFFICE may investigate compliance with sections 101.70 to 101.78 of the Revised Code, EXCEPT AS OTHERWISE PROVIDED IN SECTION 101.75 OF THE REVISED CODE, and with section 2921.13 of the Revised Code in connection with statements required to be filed under these sections and, in the event of an apparent violation, shall MAY report his THE findings OF THE INVESTIGATION to the APPROPRIATE prosecuting attorney of Franklin county AUTHORITY, who shall institute such proceedings as are appropriate.

(B) AS PART OF AN INVESTIGATION, THE LEGISLATIVE INSPECTOR GENERAL, OR A DESIGNEE, MAY ADMINISTER OATHS, EXAMINE WITNESSES, AND ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM TO COMPEL THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF ALL KINDS OF BOOKS, RECORDS, PAPERS, AND TANGIBLE THINGS. UPON THE REFUSAL OF A WITNESS TO BE SWORN OR TO ANSWER ANY QUESTION PUT TO THE WITNESS, OR IF A PERSON DISOBEYS A SUBPOENA, THE LEGISLATIVE INSPECTOR GENERAL SHALL APPLY TO THE COURT OF COMMON PLEAS FOR A CONTEMPT ORDER, AS IN THE CASE OF DISOBEDIENCE TO THE REQUIREMENTS OF A SUBPOENA ISSUED FROM THE COURT OF COMMON PLEAS, OR A REFUSAL TO TESTIFY IN THE COURT.

Sec. 121.60. As used in sections 121.60 to 121.69 of the Revised Code:

(A) "Person" and "compensation" have the same meanings as in section 101.70 of the Revised Code.

(B)(1) "Expenditure" means any of the following that is made to, at the request of, for the benefit of, or on behalf of an elected executive official, the director of a department created under section 121.02 of the Revised Code, an executive agency official, or a member of the staff of any public officer or employee listed in this division:

(1)(a) A payment, distribution, loan, advance, deposit, reimbursement, or gift of money, real estate, or anything of value, including, but not limited to, food and beverages, entertainment, lodging, transportation, or honorariums;

(2)(b) A contract, promise, or agreement to make an expenditure, whether or not legally enforceable;

(3)(c) The purchase, sale, or gift of services or any other thing of value. "Expenditure

(2) "EXPENDITURE" does not include a ANY OF THE FOLLOWING:

(a) A contribution, gift, or grant to a foundation or other charitable organization that is exempt from federal income taxation under subsection 501(c)(3) of the Internal Revenue Code. "Expenditure" does not include the;

(b) THE purchase, sale, or gift of services or any other thing of value that is available to the general public on the same terms as it is available to the persons listed in this division, or an offer or sale of securities to any person listed in this division that is governed by regulation D, 17 C.F.R. 2301.501 to 2301.508, adopted under the authority of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is governed by a comparable provision under state law.;

(c) A CONTRIBUTION AS DEFINED IN SECTION 3517.01 OF THE REVISED CODE;

(d) AMOUNTS SPENT FOR TRADE, INDUSTRY, GOVERNMENT, OR PROFESSIONAL ASSOCIATION PUBLICATIONS;

(e) AMOUNTS SPENT FOR PROMOTIONAL MATERIALS OR ITEMS VALUED AT LESS THAN TWENTY-FIVE DOLLARS;

(f) AMOUNTS SPENT FOR MEALS AND OTHER FOOD AND BEVERAGES PROVIDED TO A PARTICULAR ELECTED EXECUTIVE OFFICIAL, THE DIRECTOR OF A DEPARTMENT CREATED UNDER SECTION 121.02 OF THE REVISED CODE, A PARTICULAR EXECUTIVE AGENCY OFFICIAL, OR ANY PARTICULAR MEMBER OF THE STAFF OF ANY OF THE PUBLIC OFFICERS OR EMPLOYEES LISTED IN DIVISION (B)(2)(f) OF THIS SECTION AT A MEETING AT WHICH THE PUBLIC OFFICER OR EMPLOYEE PARTICIPATED IN A SEMINAR, PANEL, OR SPEAKING ENGAGEMENT OR PROVIDED TO THE PUBLIC OFFICER OR EMPLOYEE AT A MEETING OR CONVENTION OF A NATIONAL ORGANIZATION TO WHICH THE PUBLIC EMPLOYER OF THE PUBLIC OFFICER OR PUBLIC EMPLOYEE PAYS MEMBERSHIP DUES.

(C) "Employer" means any person who, directly or indirectly, engages an executive agency lobbyist.

(D) "Engage" means to make any arrangement, and "engagement" means arrangement, whereby an individual is employed or retained for compensation to act for or on behalf of an employer to influence executive agency decisions or to conduct any executive agency lobbying activity.

(E) "Financial transaction" means a transaction or activity that is conducted or undertaken for profit and arises from the joint ownership or the ownership or part ownership in common of any real or personal property or any commercial or business enterprise of whatever form or nature between the following:

(1) An executive agency lobbyist, his THE EXECUTIVE AGENCY LOBBYIST'S employer, or a member of the immediate family of the executive agency lobbyist or his THE EXECUTIVE AGENCY LOBBYIST'S employer; and

(2) Any elected executive official, the director of a department created under section 121.02 of the Revised Code, an executive agency official, or any member of the staff of a public officer or employee listed in division (E)(2) of this section.

"Financial transaction" does not include any transaction or activity described in division (E) of this section if it is available to the general public on the same terms, or if it is an offer or sale of securities to any person listed in division (E)(2) of this section that is governed by regulation D, 17 C.F.R. 2301.501 to 2301.508, adopted under the authority of the "Securities Act of 1933," 48 Stat. 74, 15 U.S.C.A. and following, or that is governed by a comparable provision under state law.

(F) "Executive agency" means the office of an elected executive official, a department created under section 121.02 of the Revised Code, or any other state agency, department, board, or commission controlled or directed by an elected executive official or otherwise subject to his AN ELECTED EXECUTIVE OFFICIAL'S authority. "Executive agency" does not include any court, the general assembly, or the controlling board.

(G) "Executive agency decision" means a decision of an executive agency regarding the expenditure of funds of the state or of an executive agency with respect to the award of a contract, grant, lease, or other financial arrangement under which such funds are distributed or allocated, or a regulatory decision of an executive agency or any board or commission of the state. "Executive agency decision" does not include either of the following:

(1) A purchasing decision for which a vendor has filed a statement certifying that he THE VENDOR has not made campaign contributions in an amount such that section 3517.13 of the Revised Code would invalidate the decision, if that vendor has not engaged an executive agency lobbyist;

(2) The award of a competitively bid contract for which bid specifications were prepared and for which at least three eligible competitive bids were received by the executive agency.

(H) "Executive agency lobbyist" means any person engaged to influence executive agency decisions or to conduct executive agency lobbying activity as one of his main purposes on a regular and substantial basis DURING A SIGNIFICANT PORTION OF THE PERSON'S TIME. "Executive agency lobbyist" does not include an elected or appointed officer or employee of a federal or state agency, state college, state university, or political subdivision who attempts to influence or affect executive agency decisions in his A fiduciary capacity as a representative of his THE OFFICER'S OR EMPLOYEE'S agency, college, university, or political subdivision.

(I) "Executive agency lobbying activity" means contacts made to promote, oppose, or otherwise influence the outcome of an executive agency decision by direct communication with an elected executive official, the director of any department listed in section 121.02 of the Revised Code, any executive agency official, or a member of the staff of any public officer or employee listed in this division. "Lobbying activity" does not include any of the following:

(1) The action of any person having a direct interest in executive agency decisions who, under Section 3 of Article I, Ohio Constitution, assembles together with other persons to consult for their common good, instructs a person listed in the first paragraph of division (I) of this section, or petitions such a person for the redress of grievances;

(2) Contacts made for the sole purpose of gathering information contained in a public record;

(3) Appearances before an executive agency to give testimony.

(J) "Executive agency official" means an officer or employee of an executive agency whose principal duties are to formulate policy or to participate directly or indirectly in the preparation, review, or award of contracts, grants, leases, or other financial arrangements with an executive agency.

(K) "Aggrieved party" means a party entitled to resort to a remedy.

(L) "Elected executive official" means the governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, and the attorney general.

(M) "Staff" means any officer or employee of an executive agency whose official duties are to formulate policy and, who exercises administrative or supervisory authority or who authorizes the expenditure of state funds, AND WHO IS REQUIRED TO FILE A DISCLOSURE STATEMENT UNDER SECTION 102.02 of the Revised Code.

Sec. 121.61. (A) No person shall knowingly fail to register as required under section 121.62 of the Revised Code AND NO PERSON SHALL KNOWINGLY ACT AS AN EXECUTIVE AGENCY LOBBYIST OR EMPLOYER WHILE THE PERSON'S REGISTRATION IS SUSPENDED UNDER DIVISION (F) OF SECTION 121.62 of the Revised Code.

(B) No person shall knowingly fail to keep a receipt or maintain a record that section 121.63 of the Revised Code requires the person to keep or maintain.

(C) No person shall knowingly fail to file a statement that section 121.63 or 121.64 of the Revised Code requires the person to file.

(D) No person shall knowingly file a false statement that section 121.63 or 121.64 of the Revised Code requires the person to file.

Sec. 121.62. (A) Each executive agency lobbyist and each employer shall file with the joint OFFICE OF legislative ethics committee INSPECTOR GENERAL, within ten days following the engagement of an executive agency lobbyist, an initial A JOINT registration statement showing all of the following:

(1) The name, business address, and occupation of the executive agency lobbyist;

(2) The name and business address of the employer or of the real party in interest on whose behalf the executive agency lobbyist is acting, if it is different from the employer. For the purposes of division (A) of this section, where a trade association or other charitable or fraternal organization that is exempt from federal income taxation under subsection 501(c) of the federal Internal Revenue Code is the employer, the statement need not list the names and addresses of every member of the association or organization, so long as the association or organization itself is listed.

(3) A brief description of the executive agency decision to which the engagement relates;

(4) The name of the executive agency or agencies to which the engagement relates.

(B) In addition to the initial registration statement required by division (A) of this section, each executive agency lobbyist and employer shall file with the joint committee OFFICE, not later than the last day of January, May, and September JULY of each year, an updated registration statement that confirms the continuing existence of each engagement described in an initial registration statement and that lists the specific executive agency decisions that the lobbyist sought to influence under the engagement during the period covered by the updated statement, and with it any statement of expenditures required to be filed by section 121.63 of the Revised Code and any details of financial transactions required to be filed by section 121.64 of the Revised Code.

(C) If an executive agency lobbyist is engaged by more than one employer, the lobbyist shall file a separate initial and updated registration statement for each engagement. If an employer engages more than one executive agency lobbyist, the employer need file only one updated registration statement under division (B) of this section, which shall contain the information required by division (B) of this section regarding all of the executive agency lobbyists engaged by the employer.

(D)(1) A change in any information required by division (A)(1), (2), or (B) of this section shall be reflected in the next updated registration statement filed under division (B) of this section.

(2) Within thirty days following the termination of an engagement, the executive agency lobbyist who was employed under the engagement shall send written notification of the termination to the joint committee OFFICE.

(E) A registration fee of ten dollars shall be charged for filing an initial registration statement. All money collected from this fee shall be deposited into the state treasury to the credit of the joint legislative ethics committee fund created under section 101.34 of the Revised Code.

(F) Upon registration pursuant to this section, an executive agency lobbyist shall be issued a card by the joint committee OFFICE showing that the lobbyist is registered. The registration card and the executive agency lobbyist's registration shall be valid from the date of their issuance until the NEXT thirty-first day of January DECEMBER of the AN EVEN-NUMBERED year following the year in which the initial registration was filed UNLESS THE EXECUTIVE AGENCY LOBBYIST'S REGISTRATION IS SUSPENDED UNDER THIS DIVISION.

ANY PERSON FOUND GUILTY OF TWO OR MORE VIOLATIONS OF DIVISION (A), (B), (C), OR (D) OF SECTION 121.61, OR OF SECTION 2921.02 OR 2921.13, of the Revised Code IS PROHIBITED THEREAFTER FROM REGISTERING AS AN EXECUTIVE AGENCY LOBBYIST OR AN EMPLOYER OF AN EXECUTIVE AGENCY LOBBYIST, AND ANY EXISTING REGISTRATION OF THAT PERSON IS REVOKED. ANY PERSON ASSESSED THE MAXIMUM LATE FILING FEE UNDER DIVISION (G) OF THIS SECTION FOR TWO SUCCESSIVE SIX-MONTH REPORTING PERIODS IS PROHIBITED FROM REGISTERING AS AN EXECUTIVE AGENCY LOBBYIST OR EMPLOYER OF AN EXECUTIVE AGENCY LOBBYIST FOR SIX MONTHS, AND ANY EXISTING REGISTRATION OF THAT PERSON IS SUSPENDED FOR SIX MONTHS.

(G) The executive director of the joint committee OFFICE shall be responsible for reviewing each registration statement filed with the joint committee OFFICE under this section and for determining whether the statement contains all of the required information. If the joint committee OFFICE determines that the registration statement does not contain all of the required information or that an executive agency lobbyist or employer has failed to file a registration statement, the joint committee OFFICE shall send written notification by certified mail to the person who filed the registration statement regarding the deficiency in the statement or to the person who failed to file the registration statement regarding the failure. Any person so notified by the joint committee OFFICE shall, not later than fifteen days after receiving the notice, file a registration statement or an amended registration statement that contains all of the required information. If any person who receives a notice under this division fails to file a registration statement or such an amended registration statement within this fifteen-day period, the joint committee OFFICE shall notify the attorney general, who may take appropriate action as authorized by section 121.69 of the Revised Code ASSESS A LATE FILING FEE OF TWENTY-FIVE DOLLARS PER DAY, UP TO A MAXIMUM OF TWO HUNDRED FIFTY DOLLARS, UPON THAT PERSON. IF ANY PERSON ASSESSED THE MAXIMUM TWO-HUNDRED-FIFTY-DOLLAR LATE FEE UNDER THIS DIVISION STILL FAILS TO FILE A REGISTRATION STATEMENT OR AN AMENDED REGISTRATION STATEMENT, THE OFFICE MAY REFER THE MATTER TO APPROPRIATE PROSECUTING AUTHORITY.

If the joint committee notifies the attorney general pursuant to this division, the joint committee shall also notify each elected executive official and the director of each department created under section 121.02 of the Revised Code of the pending investigation.

(H) On or before the fifteenth day of March of each year, the joint committee OFFICE shall, in the manner and form that it determines, publish a report containing statistical information on the registration statements filed with it under this section during the preceding year.

(I) If an employer who engages an executive agency lobbyist is the recipient of a contract, grant, lease, or other financial arrangement pursuant to which funds of the state or of an executive agency are distributed or allocated, the executive agency or any aggrieved party may consider the failure of the employer or the executive agency lobbyist to comply with this section as a breach of a material condition of the contract, grant, lease, or other financial arrangement.

(J) Executive agency officials may require certification from any person seeking the award of a contract, grant, lease, or financial arrangement that the person and his THE PERSON'S employer are in compliance with this section.

Sec. 121.63. (A) Each executive agency lobbyist and each employer shall file with the joint OFFICE OF legislative ethics committee INSPECTOR GENERAL, with the updated registration statement required by division (B) of section 121.62 of the Revised Code, a statement of expenditures as specified in divisions (B) and (C) of this section. An executive agency lobbyist shall file a separate statement of expenditures under this section for each employer that engages him THE EXECUTIVE AGENCY LOBBYIST.

(B)(1) In addition to the information required by divisions (B)(2) and (3) of this section, a statement filed by an executive agency lobbyist shall show the total amount of expenditures made during the reporting period covered by the statement by the executive agency lobbyist.

(2) If, during a reporting period covered by a statement, an employer or any executive agency lobbyist he engaged made, either separately or in combination with each other, expenditures to, at the request of, for the benefit of, or on behalf of a particular elected executive official, the director of a department created under section 121.02 of the Revised Code, a particular executive agency official, or a particular member of the staff of any public officer listed in division (B)(2) of this section, the employer or executive agency lobbyist also shall state the name of the public officer or employee to whom, at whose request, for whose benefit, or on whose behalf the expenditures were made, the total amount of the expenditures made, a brief description of the expenditures made, the approximate date the expenditures were made, the executive agency decision, if any, sought to be influenced, and the identity of the client on whose behalf the expenditure was made.

As used in division (B)(2) of this section, "expenditures" does not include expenditures made by an executive agency lobbyist as payment for meals and other food and beverages.

(3) If, during a reporting period covered by a statement, an executive agency lobbyist made expenditures as payment for meals and other food and beverages, other than for meals and other food and beverages provided at a meeting at which the person participated in a panel, seminar, or speaking engagement or at a meeting or convention of a national organization to which either house of the general assembly, any legislative agency, or any other state agency pays membership dues, that, when added to the amount of previous payments made for meals and other food and beverages by that executive agency lobbyist during that same calendar year, exceeded a total of fifty dollars to, at the request of, for the benefit of, or on behalf of a particular elected executive official, the director of a department created under section 121.02 of the Revised Code, a particular executive agency official, or any particular member of the staff of any of the public officers or employees listed in division (B)(3) of this section, then the executive agency lobbyist shall also state regarding those expenditures the name of the public officer or employee to whom, at whose request, for whose benefit, or on whose behalf the expenditures were made, the total amount of the expenditures made, a brief description of the expenditures made, the approximate date the expenditures were made, the executive agency decision, if any, sought to be influenced, and the identity of the client on whose behalf the expenditure was made.

(C)(1) In addition to the information required by divisions (B)(C)(2) and (3) of this section, a statement filed by an employer shall show the total amount of expenditures made by the employer filing the statement during the period covered by the statement. As used in this section, "expenditures" does not include the expenses of maintaining office facilities, or the compensation paid to executive agency lobbyists engaged to influence executive agency decisions or conduct executive agency lobbying activity.

(2) IF, DURING A REPORTING PERIOD COVERED BY A STATEMENT, AN EMPLOYER MADE EXPENDITURES TO, AT THE REQUEST OF, FOR THE BENEFIT OF, OR ON BEHALF OF A PARTICULAR ELECTED EXECUTIVE OFFICIAL, THE DIRECTOR OF A DEPARTMENT CREATED UNDER SECTION 121.02 of the Revised Code, A PARTICULAR EXECUTIVE AGENCY OFFICIAL, OR A PARTICULAR MEMBER OF THE STAFF OF ANY PUBLIC OFFICER LISTED IN DIVISION (C)(2) OF THIS SECTION, THE EMPLOYER ALSO SHALL STATE THE NAME OF THE PUBLIC OFFICER OR EMPLOYEE TO WHOM, AT WHOSE REQUEST, FOR WHOSE BENEFIT, OR ON WHOSE BEHALF THE EXPENDITURES WERE MADE, THE TOTAL AMOUNT OF THE EXPENDITURES MADE, A BRIEF DESCRIPTION OF THE EXPENDITURES MADE, THE APPROXIMATE DATE THE EXPENDITURES WERE MADE, THE EXECUTIVE AGENCY DECISION, IF ANY, SOUGHT TO BE INFLUENCED, AND THE IDENTITY OF THE CLIENT ON WHOSE BEHALF THE EXPENDITURE WAS MADE.

AS USED IN DIVISION (C)(2) OF THIS SECTION, "EXPENDITURES" DOES NOT INCLUDE EXPENDITURES MADE BY AN EMPLOYER AS PAYMENT FOR MEALS AND OTHER FOOD AND BEVERAGES.

(3) IF, DURING A REPORTING PERIOD COVERED BY A STATEMENT, AN EMPLOYER MADE EITHER DIRECTLY OR INDIRECTLY EXPENDITURES AS PAYMENT FOR MEALS AND OTHER FOOD AND BEVERAGES TO, AT THE REQUEST OF, FOR THE BENEFIT OF, OR ON BEHALF OF A PARTICULAR ELECTED EXECUTIVE OFFICIAL, THE DIRECTOR OF A DEPARTMENT CREATED UNDER SECTION 121.02 of the Revised Code, A PARTICULAR EXECUTIVE AGENCY OFFICIAL, OR ANY PARTICULAR MEMBER OF THE STAFF OF ANY OF THE PUBLIC OFFICERS OR EMPLOYEES LISTED IN DIVISION (C)(3) OF THIS SECTION, THEN THE EMPLOYER SHALL ALSO STATE REGARDING THOSE EXPENDITURES THE NAME OF THE PUBLIC OFFICER OR EMPLOYEE TO WHOM, AT WHOSE REQUEST, FOR WHOSE BENEFIT, OR ON WHOSE BEHALF THE EXPENDITURES WERE MADE, THE TOTAL AMOUNT OF THE EXPENDITURES MADE, A BRIEF DESCRIPTION OF THE EXPENDITURES MADE, THE APPROXIMATE DATE THE EXPENDITURES WERE MADE, THE EXECUTIVE AGENCY DECISION, IF ANY, SOUGHT TO BE INFLUENCED, AND THE IDENTITY OF THE CLIENT ON WHOSE BEHALF THE EXPENDITURE WAS MADE.

(4) No employer shall be required to show any expenditure on a statement filed under this division if the expenditure is reported on a statement filed under division (B)(1), (2), or (3) of this section by an executive agency lobbyist engaged by the employer.

(D) Any statement required to be filed under this section shall be filed at the times specified in section 121.62 of the Revised Code. Each statement shall cover expenditures made during the four-calendar-month SIX-CALENDAR-MONTH period that ended on the last day of the month immediately preceding the month in which the statement is required to be filed.

(E) If it is impractical or impossible for an executive agency lobbyist or employer to determine exact dollar amounts or values of expenditures, reporting of good faith estimates, based on reasonable accounting procedures, constitutes compliance with this division.

(F) Executive agency lobbyists and employers shall retain receipts or maintain records for all expenditures that are required to be reported pursuant to this section. These receipts or records shall be maintained for a period ending on the thirty-first day of December of the second calendar year after the year in which the expenditure was made.

(G)(1) At least ten days before the date on which the statement is filed, each employer or executive agency lobbyist who is required to file an expenditure statement under division (B)(2) or (3)(C) of this section shall deliver a copy of the statement, or the portion showing the expenditure, to the public officer or employee who is listed in the statement as having received the expenditure or on whose behalf it was made.

(2) If, during a reporting period covered by an expenditure statement filed under division (B)(2) of this section, an employer or any executive agency lobbyist he engaged made, either separately or in combination with each other, either directly or indirectly, expenditures for an honorarium or for transportation, lodging, or food and beverages purchased for consumption on the premises in which the food and beverages were sold to, at the request of, for the benefit or, or on behalf of any of the public officers or employees described in division (B)(2) of this section, the employer or executive agency lobbyist shall deliver to the public officer or employee a statement that contains all of the nondisputed information prescribed in division (B)(2) of this section with respect to the expenditures described in division (G)(2) of this section. The statement of expenditures made under division (G)(2) of this section shall be delivered to the public officer or employee to whom, at whose request, for whose benefit, or on whose behalf those expenditures were made on the same day in which a copy of the expenditure statement or of a portion showing the expenditure is delivered to the public officer or employee under division (G)(1) of this section. An employer is not required to show any expenditure on a statement delivered under division (G)(2) of this section if the expenditure is shown on a statement delivered under division (G)(2) of this section by a legislative agent engaged by the employer.

Sec. 121.64. (A) Each executive agency lobbyist who has had any financial transaction with or for the benefit of an elected executive official, the director of a department created under section 121.02 of the Revised Code, an executive agency official, or any member of the staff of any of the public officers or employees listed in this division shall describe the details of the transaction, including the name of the public officer or employee, the purpose and nature of the transaction, and the date it was made or entered into, in a statement filed with the joint OFFICE OF legislative ethics committee INSPECTOR GENERAL with the updated registration statement required by division (B) of section 121.62 of the Revised Code. The statements shall be filed at the times specified in section 121.62 of the Revised Code. Each statement shall describe each financial transaction that occurred during the four-calendar-month SIX-CALENDAR-MONTH period that ended on the last day of the month immediately preceding the month in which the statement is required to be filed.

(B) Except as provided in division (D) of this section, each employer who has had any financial transaction with or for the benefit of an elected executive official, the director of a department created under section 121.02 of the Revised Code, an executive agency official, or any member of the staff of any of the public officers or employees listed in this division shall describe the details of the transaction, including the name of the public officer or employee, the purpose and nature of the transaction, and the date it was made or entered into, in a statement filed with the joint committee OFFICE with the updated registration statement required by division (B) of section 121.62 of the Revised Code. The statement shall be filed at the times specified in section 121.62 of the Revised Code. Each statement shall describe each financial transaction that occurred during the four-calendar-month SIX-CALENDAR-MONTH period that ended on the last day of the month immediately preceding the month in which the statement is required to be filed.

(C) At least ten days before the date on which the statement is filed, each employer or executive agency lobbyist who is required to file a statement describing a financial transaction under this section shall deliver a copy of the statement to the public officer or employee with whom or for whose benefit the transaction was made.

(D) No employer shall be required to file any statement under this section or to deliver a copy of the statement to a public officer or employee with whom or for whose benefit the transaction was made if the financial transaction to which the statement pertains is reported by an executive agency lobbyist engaged by the employer.

Sec. 121.65. If a dispute arises between an elected executive official, the director of a department created under section 121.02 of the Revised Code, an executive agency official, or any member of the staff of any public officer or employee listed in this division and an employer or executive agency lobbyist with respect to an expenditure or financial transaction alleged in a statement to be filed under section 121.63 or 121.64 of the Revised Code, the public officer or employee, STAFF MEMBER, employer, or executive agency lobbyist may file a complaint with the Ohio ethics commission OFFICE OF LEGISLATIVE INSPECTOR GENERAL. The commission OFFICE shall proceed to investigate the complaint as though it were filed under PROVIDED FOR OTHER COMPLAINTS IN section 102.06 101.79 of the Revised Code.

The complaint shall be filed at least three days prior to the time the statement is required to be filed with the joint legislative ethics committee OFFICE. The time for filing a disputed expenditure or financial transaction in any statement of expenditures or the details of a financial transaction shall be extended pending the final decision of the commission OFFICE. This extension does not extend the time for filing the nondisputed portions of either type of A statement OF EXPENDITURES OR OF THE DETAILS OF A FINANCIAL TRANSACTION. The commission OFFICE shall notify the parties of its final decision by certified mail. If the commission OFFICE decides that the disputed expenditure or financial transaction should be reported, the employer or executive agency lobbyist shall include the matter in an amended statement and file the amended statement not later than ten days after receiving notice of the decision of the commission OFFICE by certified mail.

An employer or executive agency lobbyist who files a false statement of expenditures or details of a financial transaction is liable in a civil action to any public officer or employee who sustains damage as a result of the filing or publication of the statement.

Sec. 121.68. (A) The joint committee on agency rule review OFFICE OF LEGISLATIVE INSPECTOR GENERAL shall keep on file the statements required by sections 121.62, 121.63, and 121.64 of the Revised Code. These statements are public records and open to public inspection, and the joint committee OFFICE shall computerize them so that the information contained in them is readily accessible to the general public. The joint committee OFFICE shall provide copies of the statements to the general public on request and may charge a reasonable fee not to exceed the cost of copying and delivering the statement.

(B) Not later than the last day of February and October of each year, the joint committee OFFICE shall compile from the registration statements filed with it a complete and updated list of registered executive agency lobbyists and their employers, and distribute the list to each elected executive official and the director of each department created under section 121.02 of the Revised Code, who shall distribute the list to the appropriate personnel under his THE OFFICIAL'S OR DIRECTOR'S jurisdiction. The joint committee OFFICE shall provide copies of the list to the general public upon request and may charge a reasonable fee not to exceed the cost of copying and delivering the list.

(C) The joint committee OFFICE shall maintain a list of all executive agencies. The joint committee OFFICE shall provide copies of the list to the general public on request and may charge a reasonable fee not to exceed the cost of copying and delivering the document.

(D) The joint committee OFFICE shall prescribe and make available an appropriate form for the filings required by sections 121.62, 121.63, and 121.64 of the Revised Code. The form shall contain the following notice in boldface type: "ANY PERSON WHO KNOWINGLY FILES A FALSE STATEMENT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE, WHICH IS A MISDEMEANOR OF THE FIRST DEGREE."

(E) Any THE JOINT COMMITTEE MAY ADOPT RULES TO IMPLEMENT SECTIONS 121.60 TO 121.69 OF THE REVISED CODE, AND ANY SUCH rules adopted by the joint committee to implement sections 121.60 to 121.69 of the Revised Code IT ADOPTS shall be adopted in accordance with Chapter 119. SECTION 111.15 of the Revised Code. The joint committee OFFICE may periodically adopt rules that increase the amounts specified in division (B) of section 121.63 of the Revised Code in order to reflect inflation. Any increase shall be set forth on the form described in division (D) of this section.

(F) The joint committee OFFICE shall publish a handbook that explains in clear and concise language the provisions of sections 121.60 to 121.69 of the Revised Code and make it available free of charge to executive agency lobbyists, employers, and any other interested persons.

Sec. 121.69. (A) The attorney GENERAL AND THE OFFICE OF LEGISLATIVE INSPECTOR GENERAL and any assistant or special counsel designated by him THE ATTORNEY GENERAL OR OFFICE may investigate compliance with sections 121.60 to 121.68 of the Revised Code in connection with statements required to be filed under these sections and, in the event of an apparent violation, shall MAY report his THE findings to the APPROPRIATE prosecuting attorney of Franklin county AUTHORITY, who shall institute such proceedings as are appropriate.

(B) THE LEGISLATIVE INSPECTOR GENERAL MAY RECEIVE AND INVESTIGATE COMPLAINTS THE OFFICE RECEIVES UNDER SECTION 121.65 of the Revised Code AND PREPARE A REPORT THEREON.

(C) AS PART OF AN INVESTIGATION, THE LEGISLATIVE INSPECTOR GENERAL, OR A DESIGNEE, MAY ADMINISTER OATHS, EXAMINE WITNESSES, AND ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM TO COMPEL THE ATTENDANCE OF WITNESSES AND THE PRODUCTION OF ALL KINDS OF BOOKS, RECORDS, PAPERS, AND TANGIBLE THINGS. UPON THE REFUSAL OF A WITNESS TO BE SWORN OR TO ANSWER ANY QUESTION PUT TO THE WITNESS, OR IF A PERSON DISOBEYS A SUBPOENA, THE LEGISLATIVE INSPECTOR GENERAL SHALL APPLY TO THE COURT OF COMMON PLEAS FOR A CONTEMPT ORDER, AS IN THE CASE OF DISOBEDIENCE TO THE REQUIREMENTS OF A SUBPOENA ISSUED FROM THE COURT OF COMMON PLEAS, OR A REFUSAL TO TESTIFY IN THE COURT.

Sec. 126.14. The release of any money appropriated for the purchase of real estate shall be approved by the controlling board. The release of money appropriated for all other capital projects is also subject to the approval of the controlling board, except that the director of budget and management may approve the release of money appropriated for specific projects in accordance with the requirements of this section.

Within sixty days after the effective date of any act appropriating money for capital projects, the director shall determine which appropriations are for general projects and which are for specific projects. Specific projects may include specific higher education projects that are to be funded from general purpose appropriations from the higher education improvements IMPROVEMENT fund created in section 154.21 of the Revised Code. Upon determining which projects are general and which are specific, the director shall submit to the controlling board a list that includes a brief description of and the estimated expenditures for each specific project. The release of money for any specific higher education projects that are to be funded from general purpose appropriations from the higher education improvements IMPROVEMENT fund but that are not included on the list, and the release of money for any specific higher education projects included on the list that will exceed the estimated expenditures by more than ten per cent, are subject to the approval of the controlling board. THE DIRECTOR MAY CREATE NEW APPROPRIATION LINE ITEMS AND MAKE TRANSFERS OF APPROPRIATIONS TO THEM FOR SPECIFIC HIGHER EDUCATION PROJECTS INCLUDED ON THE LIST THAT ARE TO BE FUNDED FROM GENERAL PURPOSE APPROPRIATIONS FOR BASIC RENOVATIONS THAT ARE MADE FROM THE HIGHER EDUCATION IMPROVEMENT FUND.

Sec. 131.35. (A) With respect to the federal funds received into any fund of the state from which transfers may be made under division (D) of section 127.14 of the Revised Code:

(1) No state agency may make expenditures of any federal funds, whether such funds are advanced prior to expenditure or as reimbursement, unless such expenditures are made pursuant to specific appropriations of the general assembly identifying the federal program that is the source of funds, are authorized pursuant to section 131.38 of the Revised Code, are authorized by the controlling board pursuant to division (A)(5) of this section, or are authorized by an executive order issued in accordance with section 107.17 of the Revised Code, and until an allotment has been approved by the director of budget and management. All federal funds received by a state agency shall be reported to the director within fifteen days of the receipt of such funds or the notification of award, whichever occurs first. The director shall prescribe the forms and procedures to be used when reporting the receipt of federal funds.

(2) If the federal funds received are greater than the amount of such funds appropriated by the general assembly for a specific purpose, the total appropriation of federal and state funds for such purpose shall remain at the amount designated by the general assembly, except that the expenditure of federal funds received in excess of such specific appropriation may be authorized by the controlling board.

(3) To the extent that the expenditure of excess federal funds is authorized, the controlling board may transfer a like amount of general revenue fund appropriation authority from the affected agency to the emergency purposes appropriation of the controlling board, if such action is permitted under federal regulations.

(4) Additional funds may be created by the controlling board to receive revenues not anticipated in an appropriations act for the biennium in which such new revenues are received. Expenditures from such additional funds may be authorized by the controlling board, but such authorization shall not extend beyond the end of the biennium in which such funds are created.

(5) Controlling board authorization for a state agency to make an expenditure of federal funds under division (A)(1) of this section constitutes authority for the agency to participate in the federal program providing the funds, and the agency is not required to obtain an executive order under section 107.17 of the Revised Code to participate in the federal program.

(B) With respect to nonfederal funds received into the waterways safety fund, the wildlife fund, and any fund of the state from which transfers may be made under division (D) of section 127.14 of the Revised Code:

(1) No state agency may make expenditures of any such funds unless the expenditures are made pursuant to specific appropriations of the general assembly.

(2) If the receipts received into any fund are greater than the amount appropriated, the appropriation for that fund shall remain at the amount designated by the general assembly or as increased and approved by the controlling board.

(3) Additional funds may be created by the controlling board to receive revenues not anticipated in an appropriations act for the biennium in which such new revenues are received. Expenditures from such additional funds may be authorized by the controlling board, but such authorization shall not extend beyond the end of the biennium in which such funds are created.

(C) The controlling board shall not authorize more than ten per cent of additional spending from the occupational licensing and regulatory fund, created in section 4743.05 of the Revised Code, in excess of any appropriation made by the general assembly to a licensing agency except an appropriation for costs related to the examination or reexamination of applicants for a license. As used in this division, "licensing agency" and "license" have the same meanings as in section 4745.01 of the Revised Code.

Sec. 133.06. (A) A school district shall not incur, without a vote of the electors, net indebtedness that exceeds an amount equal to one-tenth of one per cent of its tax valuation except as provided in divisions (G) and (H) of this section and in division (C) of section 3313.372 of the Revised Code.

(B) Except as provided in divisions (E) and (F) of this section, a school district shall not incur net indebtedness that exceeds an amount equal to nine per cent of its tax valuation.

(C) A school district shall not submit to a vote of the electors the question of the issuance of securities in an amount that will make the district's net indebtedness after the issuance of the securities exceed an amount equal to four per cent of its tax valuation, unless the superintendent of public instruction, acting under policies adopted by the state board of education, and the tax commissioner, acting under written policies of the commissioner, consent to the submission. A request for the consents shall be made at least thirty days prior to the election at which the question is to be submitted except that the superintendent of public instruction and the tax commissioner may waive this thirty-day deadline or grant their consents after the election if the school district shows good cause for such waiver or consent after the election.

(D) In calculating the net indebtedness of a school district none of the following shall be considered:

(1) Securities issued to acquire school buses and other equipment used in transporting pupils or issued pursuant to division (D) of section 133.10 of the Revised Code;

(2) Securities issued under division (F) of this section, under section 133.301 of the Revised Code, and, to the extent in excess of the limitation stated in division (B) of this section, under division (E) of this section;

(3) Indebtedness resulting from the dissolution of a joint vocational school district under section 3311.217 of the Revised Code, evidenced by outstanding securities of that joint vocational school district;

(4) Loans, evidenced by any securities, received under sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the Revised Code;

(5) Debt incurred under section 3313.374 of the Revised Code;

(6) Debt incurred pursuant to division (B)(5) of section 3313.37 of the Revised Code to acquire computers and related hardware.

(E) A school district may become a special needs district as to certain securities as provided in division (E) of this section.

(1) A board of education, by resolution, may declare its school district to be a special needs district by determining both of the following:

(a) The student population is not being adequately serviced by the existing permanent improvements of the district.

(b) The district cannot obtain sufficient funds by the issuance of securities within the limitation of division (B) of this section to provide additional or improved needed permanent improvements in time to meet the needs.

(2) The board of education shall certify a copy of that resolution to the superintendent of public instruction with a statistical report showing all of the following:

(a) A history of and a projection of the growth of the student population;

(b) The history of and a projection of the growth of the tax valuation;

(c) The projected needs;

(d) The estimated cost of permanent improvements proposed to meet such projected needs.

(3) The superintendent of public instruction shall certify the district as an approved special needs district if the superintendent finds both of the following:

(a) The district does not have available sufficient additional funds from state or federal sources to meet the projected needs.

(b) The projection of the potential average growth of tax valuation during the next five years, according to the information certified to the superintendent and any other information the superintendent obtains, indicates a likelihood of potential average growth of tax valuation of the district during the next five years of an average of not less than three per cent per year. The findings and certification of the superintendent shall be conclusive.

(4) An approved special needs district may incur net indebtedness by the issuance of securities in accordance with the provisions of this chapter in an amount that does not exceed an amount equal to the greater of the following:

(a) Nine per cent of the sum of its tax valuation plus an amount that is the product of multiplying that tax valuation by the percentage by which the tax valuation has increased over the tax valuation on the first day of the sixtieth month preceding the month in which its board determines to submit to the electors the question of issuing the proposed securities;

(b) Nine per cent of the sum of its tax valuation plus an amount that is the product of multiplying that tax valuation by the percentage, determined by the superintendent of public instruction, by which that tax valuation is projected to increase during the next ten years.

(F) A school district may issue securities for emergency purposes, in a principal amount that does not exceed an amount equal to three per cent of its tax valuation, as provided in this division.

(1) A board of education, by resolution, may declare an emergency if it determines both of the following:

(a) School buildings or other necessary school facilities in the district have been wholly or partially destroyed, or condemned by a constituted public authority, or that such buildings or facilities are partially constructed, or so constructed or planned as to require additions and improvements to them before the buildings or facilities are usable for their intended purpose, or that corrections to permanent improvements are necessary to remove or prevent health or safety hazards.

(b) Existing fiscal and net indebtedness limitations make adequate replacement, additions, or improvements impossible.

(2) Upon the declaration of an emergency, the board of education may, by resolution, submit to the electors of the district pursuant to section 133.18 of the Revised Code the question of issuing securities for the purpose of paying the cost, in excess of any insurance or condemnation proceeds received by the district, of permanent improvements to respond to the emergency need.

(3) The procedures for the election shall be as provided in section 133.18 of the Revised Code, except that:

(a) The form of the ballot shall describe the emergency existing, refer to this division as the authority under which the emergency is declared, and state that the amount of the proposed securities exceeds the limitations prescribed by division (B) of this section;

(b) The resolution required by division (B) of section 133.18 of the Revised Code shall be certified to the county auditor and the board of elections at least seventy-five days prior to the election;

(c) The county auditor shall advise and, not later than sixty-five days before the election, confirm that advice by certification to, the board of education of the information required by division (C) of section 133.18 of the Revised Code;

(d) The board of education shall then certify its resolution and the information required by division (D) of section 133.18 of the Revised Code to the board of elections not less than sixty days prior to the election.

(4) Notwithstanding division (B) of section 133.21 of the Revised Code, the first principal payment of securities issued under this division may be set at any date not later than sixty months after the earliest possible principal payment otherwise provided for in that division.

(G) The board of education may contract with an architect, professional engineer, or other person experienced in the design and implementation of energy conservation measures for an analysis and recommendations pertaining to installations, modifications of installations, or remodeling that would significantly reduce energy consumption in buildings owned by the district. The report shall include estimates of all costs of such installations, modifications, or remodeling including costs of design, engineering, installation, maintenance, repairs, and debt service, and estimates of the amounts by which energy consumption and resultant operational and maintenance costs, as defined by the Ohio school facilities commission, would be reduced.

If the board finds after receiving the report that the amount of money the district would spend on such installations, modifications, or remodeling is not likely to exceed the amount of money it would save in energy and resultant operational and maintenance costs over the ensuing ten FIFTEEN years, the board may submit to the commission a copy of its findings and a request for approval to incur indebtedness to finance the making or modification of installations or the remodeling of buildings for the purpose of significantly reducing energy consumption.

If the commission determines that the board's findings are reasonable, it shall approve the board's request. Upon receipt of the commission's approval, the district may issue securities without a vote of the electors in a principal amount not to exceed nine-tenths of one per cent of its tax valuation for the purpose of making such installations, or modifications, or remodeling, but the total net indebtedness of the district without a vote of the electors incurred under this and all other sections of the Revised Code shall not exceed one per cent of the district's tax valuation.

So long as any securities issued under division (G) of this section remain outstanding, the board of education shall monitor the energy consumption and resultant operational and maintenance costs of buildings in which installations or modifications have been made or remodeling has been done pursuant to division (G) of this section and shall maintain and annually update a report documenting the reductions in energy consumption and resultant operational and maintenance cost savings attributable to such installations, modifications, or remodeling. The report shall be certified by an architect or engineer independent of any person that provided goods or services to the board in connection with the energy conservation measures that are the subject of the report. The resultant operational and maintenance cost savings shall be certified by the school district treasurer. The report shall be made available to the commission upon request.

(H) With the consent of the superintendent of public instruction, a school district may incur without a vote of the electors net indebtedness that exceeds the amounts stated in divisions (A) and (G) of this section for the purpose of paying costs of permanent improvements, if and to the extent that both of the following conditions are satisfied:

(1) The fiscal officer of the school district estimates that receipts of the school district from compensation derived from or under agreements entered into pursuant to section 5709.82 of the Revised Code, or distributions under division (C) of section 5709.43 of the Revised Code, or any combination thereof, are, after accounting for any appropriate coverage requirements, sufficient in time and amount, and are committed by the proceedings, to pay the debt charges on the securities issued to evidence that indebtedness and payable from those receipts, and the taxing authority of the district confirms the fiscal officer's estimate, which confirmation is approved by the superintendent of public instruction;

(2) The fiscal officer of the school district certifies, and the taxing authority of the district confirms, that the district, at the time of the certification and confirmation, reasonably expects to have sufficient revenue available for the purpose of operating such permanent improvements for their intended purpose upon acquisition or completion thereof, and the superintendent of public instruction approves the taxing authority's confirmation.

The maximum maturity of securities issued under division (H) of this section shall be the lesser of twenty years or the maximum maturity calculated under section 133.20 of the Revised Code.

Sec. 715.013. EXCEPT AS OTHERWISE EXPRESSLY AUTHORIZED BY THE REVISED CODE, NO MUNICIPAL CORPORATION SHALL LEVY A TAX THAT IS THE SAME AS OR SIMILAR TO A TAX LEVIED UNDER CHAPTER 3734., 3769., 4123., 4141., 4301., 4303., 4305., 4307., 4309., 5707., 5725., 5727., 5728., 5729., 5731., 5735., 5737., 5739., 5741., 5743., OR 5749. OF THE REVISED CODE.

Sec. 718.01. (A) As used in this chapter:

(1) "Internal Revenue Code" means the Internal Revenue Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.

(2) "Schedule C" means internal revenue service schedule C filed by a taxpayer pursuant to the Internal Revenue Code.

(3) "Form 2106" means internal revenue service form 2106 filed by a taxpayer pursuant to the Internal Revenue Code.

(4) "Intangible income" means income of any of the following types: income yield, interest, dividends, or other income arising from the ownership, sale, exchange, or other disposition of intangible property including, but not limited to, investments, deposits, money, or credits as those terms are defined in Chapter 5701. of the Revised Code.

(B) No municipal corporation with respect to that income which it may tax shall tax such income at other than a uniform rate.

(C) No municipal corporation shall levy a tax on income at a rate in excess of one per cent without having obtained the approval of the excess by a majority of the electors of the municipality voting on the question at a general, primary, or special election. The legislative authority of the municipal corporation shall file with the board of elections at least seventy-five days before the day of the election a copy of the ordinance together with a resolution specifying the date the election is to be held and directing the board of elections to conduct the election. The ballot shall be in the following form: "Shall the Ordinance providing for a ... per cent levy on income for (Brief description of the purpose of the proposed levy) be passed?

FOR THE INCOME TAX

AGAINST THE INCOME TAX"

In the event of an affirmative vote, the proceeds of the levy may be used only for the specified purpose.

(D)(1) Except as otherwise provided in division (D)(2) of this section, no municipal corporation shall exempt from a tax on income, compensation for personal services of individuals over eighteen years of age or the net profit from a business or profession.

(2) The legislative authority of a municipal corporation may, by ordinance or resolution, exempt from a tax on income any compensation arising from the grant, sale, exchange, or other disposition of a stock option; the exercise of a stock option; or the sale, exchange, or other disposition of stock purchased under a stock option.

(E) Nothing in this section shall prevent a municipal corporation from permitting lawful deductions as prescribed by ordinance. If a taxpayer's taxable income includes income against which the taxpayer has taken a deduction for federal income tax purposes as reportable on the taxpayer's form 2106, and against which a like deduction has not been allowed by the municipal corporation, the municipal corporation shall deduct from the taxpayer's taxable income an amount equal to the deduction shown on such form allowable against such income, to the extent not otherwise so allowed as a deduction by the municipal corporation. In the case of a taxpayer who has a net profit from a business or profession that is operated as a sole proprietorship, no municipal corporation may tax or use as the base for determining the amount of the net profit that shall be considered as having a taxable situs in the municipal corporation, a greater amount than the net profit reported by the taxpayer on schedule C filed in reference to the year in question as taxable income from such sole proprietorship, except as otherwise specifically provided by ordinance or regulation.

(F) No municipal corporation shall tax any of the following:

(1) The military pay or allowances of members of the armed forces of the United States and of members of their reserve components, including the Ohio national guard;

(2) The income of religious, fraternal, charitable, scientific, literary, or educational institutions to the extent that such income is derived from tax-exempt real estate, tax-exempt tangible or intangible property, or tax-exempt activities;

(3) Except as otherwise provided in division (G) of this section, intangible income;

(4) Compensation paid under section 3501.28 or 3501.36 of the Revised Code to a person serving as a precinct election official, to the extent that such compensation does not exceed one thousand dollars annually. Such compensation in excess of one thousand dollars may be subjected to taxation by a municipal corporation. A municipal corporation shall not require the payer of such compensation to withhold any tax from that compensation.

(5) Compensation paid to an employee of a transit authority, regional transit authority, or regional transit commission created under Chapter 306. of the Revised Code for operating a transit bus or other motor vehicle for the authority or commission in or through the municipal corporation, unless the bus or vehicle is operated on a regularly scheduled route, the operator is subject to such a tax by reason of residence or domicile in the municipal corporation, or the headquarters of the authority or commission is located within the municipal corporation.

(6) THE INCOME OF A PUBLIC UTILITY WHEN THAT PUBLIC UTILITY IS SUBJECT TO THE TAX LEVIED UNDER SECTION 5727.30 OF THE REVISED CODE.

(G) Any municipal corporation that taxes any type of intangible income on March 29, 1988, pursuant to Section 3 of Amended Substitute Senate Bill No. 238 of the 116th general assembly, may continue to tax that type of income after 1988 if a majority of the electors of the municipal corporation voting on the question of whether to permit the taxation of that type of intangible income after 1988 vote in favor thereof at an election held on November 8, 1988.

(H) Nothing in this section or section 718.02 of the Revised Code, shall authorize the levy of any tax on income which a municipal corporation is not authorized to levy under existing laws or shall require a municipal corporation to allow a deduction from taxable income for losses incurred from a sole proprietorship or partnership.

Sec. 3313.646. (A) The board of education of a school district, except a cooperative education district established pursuant to section 3311.521 of the Revised Code, may establish and operate a preschool program except that no such program shall be established after March 17, 1989, unless both of the following apply at the time the program is established:

(1) The board has demonstrated a need for the program.

(2) Unless it is a cooperative education district established pursuant to divisions (A) to (C) of section 3311.52 of the Revised Code, the school district is eligible for moneys distributed by the department of education pursuant to section 3317.029 of the Revised Code. A board may use school funds in support of preschool programs. The board shall maintain, operate, and admit children to any such program pursuant to rules adopted by such board and the rules of the state board of education adopted under sections 3301.52 to 3301.57 of the Revised Code.

A board of education may establish fees or tuition, which may be graduated in proportion to family income, for participation in a preschool program. In cases where payment of fees or tuition would create a hardship for the child's parent or guardian, the board may waive any such fees or tuition.

(B) No board of education that is not receiving funds under the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on March 17, 1989, shall compete for funds under the "Head Start Act" with any grantee receiving funds under that act.

(C) A board of education may contract with any of the following preschool providers to provide preschool programs, other than programs for units described by division (E) DIVISIONS (B) AND (C) of section 3317.05 of the Revised Code, for children of the school district:

(1) Any organization receiving funds under the "Head Start Act";

(2) Any nonsectarian eligible nonpublic school as defined in division (H) of section 3301.52 of the Revised Code;

(3) Any child day-care provider licensed under Chapter 5104. of the Revised Code.

Boards may contract to provide preschool programs only with such organizations whose staff meet the requirements of rules adopted under section 3301.53 of the Revised Code or those of the child development associate credential established by the national association for the education of young children.

(D) A contract entered into under division (C) of this section may provide for the board of education to lease school facilities to the preschool provider or to furnish transportation, utilities, or staff for the preschool program.

(E) The treasurer of any board of education operating a preschool program pursuant to this section shall keep an account of all funds used to operate the program in the same manner as he would any other funds of the district pursuant to this chapter.

Sec. 3313.841. The boards of education and governing boards of two or more city, local, joint vocational, or exempted village school districts or educational service centers may contract in accordance with the terms of this section for the sharing on a cooperative basis of the services of supervisory teachers, special instruction teachers, special education teachers, and other licensed personnel necessary to conduct approved cooperative classes of the type described in division (B) of section 3317.05 of the Revised Code for handicapped pupils FOR SPECIAL EDUCATION AND RELATED SERVICES AND GIFTED EDUCATION.

The boards of two or more districts or service centers desiring to enroll students in such classes shall each adopt resolutions indicating such desire and designating one of the participating districts or service centers as the funding agent for purposes of this section. The district or service center designated as the funding agent shall enter into an employment contract with each licensed teacher whose services are to be shared among the participating districts and service centers. In turn, the funding agent shall enter into contracts with each of the districts and service centers which have adopted resolutions agreeing to participate in the cooperative program upon terms agreed to by all parties to such contract. Such contracts between districts and service centers shall set forth the services to be provided by the licensed teacher employed by the funding agent whose services are to be shared by the participating districts and service centers and the basis for computing the amounts to be paid for such services to the funding agent by the participating districts and service centers.

For purposes of division (B) of section 3317.05 of the Revised Code, the funding agent shall count all pupils enrolled in cooperative programs for handicapped pupils as pupils enrolled in such programs in the funding agent district. Upon receipt of payment for such programs, the funding agent district shall credit the account of districts participating in the cooperative program for the amounts due under contracts entered into under the terms of this section in proportion to the number of resident students enrolled in the cooperative program from each participating district and service center.

In determining the terms of the contract entered into by the funding agent district or service center and the participating districts and service centers, the superintendent of schools of each participating board of education and governing board shall serve as a committee which shall recommend such terms to such boards.

Sec. 3313.842. The boards of education of any two or more school districts may enter into an agreement for joint or cooperative establishment and operation of any educational program including any class, course, or program that may be included in a school district's graded course of study and staff development programs for teaching and nonteaching school employees. Each school district that is party to such an agreement may contribute funds of the district in support of the agreement and for the establishment and operation of any educational program established under the agreement. The agreement shall designate one of the districts as the district responsible for receiving and disbursing the funds contributed by the districts that are parties to the agreement.

A student participating in an educational program established pursuant to this section shall be included in the formula ADM certified under section 3317.03 of the Revised Code of the district in which the student is enrolled.

Sec. 3313.98. Notwithstanding division (D) of section 3311.19 and division (D) of section 3311.52 of the Revised Code, the provisions of this section and sections 3313.981 to 3313.983 of the Revised Code that apply to a city school district do not apply to a joint vocational or cooperative education school district unless expressly specified.

(A) As used in this section and sections 3313.981 to 3313.983 of the Revised Code:

(1) "Parent" means either of the natural or adoptive parents of a student, except under the following conditions:

(a) When the marriage of the natural or adoptive parents of the student has been terminated by a divorce, dissolution of marriage, or annulment or the natural or adoptive parents of the student are living separate and apart under a legal separation decree and the court has issued an order allocating the parental rights and responsibilities with respect to the student, "parent" means the residential parent as designated by the court except that "parent" means either parent when the court issues a shared parenting decree.

(b) When a court has granted temporary or permanent custody of the student to an individual or agency other than either of the natural or adoptive parents of the student, "parent" means the legal custodian of the child.

(c) When a court has appointed a guardian for the student, "parent" means the guardian of the student.

(2) "Native student" means a student entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in a district adopting a resolution under this section.

(3) "Adjacent district" means a city, exempted village, or local school district having territory that abuts the territory of a district adopting a resolution under this section.

(4) "Adjacent district student" means a student entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in an adjacent district.

(5) "Adjacent district joint vocational student" means an adjacent district student who enrolls in a city, exempted village, or local school district pursuant to this section and who also enrolls in a joint vocational school district that does not contain the territory of the district for which that student is a native student and does contain the territory of the city, exempted village, or local district in which the student enrolls.

(6) "Adjusted formula amount" means the formula amount defined in division (B) of section 3317.02 of the Revised Code multiplied by the cost-of-doing-business factor for a district defined in division (N) of section 3317.02 of the Revised Code.

(7) "Poverty line" means the poverty line established by the director of the United States office of management and budget as revised by the director of the office of community services in accordance with section 673(2) of the "Community Services Block Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.

(8) "IEP" means an individualized education program defined by division (E) of section 3323.01 of the Revised Code.

(9) "Other district" means a city, exempted village, or local school district having territory outside of the territory of a district adopting a resolution under this section.

(10) "Other district student" means a student entitled under section 3313.64 or 3313.65 of the Revised Code to attend school in an other district.

(11) "Other district joint vocational student" means a student who is enrolled in any city, exempted village, or local school district and who also enrolls in a joint vocational school district that does not contain the territory of the district for which that student is a native student in accordance with a policy adopted under section 3313.983 of the Revised Code.

(B)(1) The board of education of each city, local, and exempted village school district may SHALL adopt a resolution ESTABLISHING FOR THE SCHOOL DISTRICT ONE OF THE FOLLOWING POLICIES:

(a) A POLICY that entirely prohibits the enrollment of students from adjacent districts or other districts, other than students for whom tuition is paid in accordance with section 3317.08 of the Revised Code,;

(b) A POLICY that permits enrollment of students from all adjacent districts in accordance with a policy STATEMENTS contained in the resolution, or;

(c) A POLICY that permits enrollment of students from all other districts in accordance with a policy STATEMENTS contained in the resolution.

(2) A policy permitting enrollment of students from adjacent or from other districts, as applicable, shall provide for all of the following:

(1)(a) Application procedures, including deadlines for application and for notification of students and the superintendent of the applicable district whenever an adjacent or other district student's application is approved.

(2)(b) Procedures for admitting adjacent or other district applicants free of any tuition obligation to the district's schools, including, but not limited to:

(a)(i) The establishment of district capacity limits by grade level, school building, and education program;

(b)(ii) A requirement that all native students wishing to be enrolled in the district will be enrolled and that any adjacent or other district students previously enrolled in the district shall receive preference over first-time applicants;

(c)(iii) Procedures to ensure that an appropriate racial balance is maintained in the district schools.

(C) Except as provided in section 3313.982 of the Revised Code, the procedures for admitting adjacent or other district students, as applicable, shall not include:

(1) Any requirement of academic ability, or any level of athletic, artistic, or other extracurricular skills;

(2) Limitations on admitting applicants because of handicapping conditions, except that a board may refuse to admit a student receiving services under Chapter 3323. of the Revised Code, if the services described in the student's IEP are not available in the district's schools;

(3) A requirement that the student be proficient in the English language;

(4) Rejection of any applicant because the student has been subject to disciplinary proceedings, except that if an applicant has been suspended or expelled by the student's district for ten consecutive days or more in the term for which admission is sought or in the term immediately preceding the term for which admission is sought, the procedures may include a provision denying admission of such applicant.

(D)(1) Each school board permitting only enrollment of adjacent district students shall provide information about the policy adopted under this section, including the application procedures and deadlines, to the superintendent and the board of education of each adjacent district and, upon request, to the parent of any adjacent district student.

(2) Each school board permitting enrollment of other district students shall provide information about the policy adopted under this section, including the application procedures and deadlines, upon request, to the board of education of any other school district or to the parent of any student anywhere in the state.

(E) Any school board shall accept all credits toward graduation earned in adjacent or other district schools by an adjacent or other district student or a native student.

(F)(1) No board of education may adopt a policy discouraging or prohibiting its native students from applying to enroll in the schools of an adjacent or any other district that has adopted a policy permitting such enrollment, except that:

(a) A district may object to the enrollment of a native student in an adjacent or other district in order to maintain an appropriate racial balance.

(b) The board of education of a district receiving funds under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, may adopt a resolution objecting to the enrollment of its native students in adjacent or other districts if at least ten per cent of its students are included in the determination of the United States secretary of education made under section 20 U.S.C.A. 238(a).

(2) If a board objects to enrollment of native students under this division, any adjacent or other district shall refuse to enroll such native students unless tuition is paid for the students in accordance with section 3317.08 of the Revised Code. An adjacent or other district enrolling such students may not receive funding for those students in accordance with section 3313.981 of the Revised Code.

(G) The state board of education shall monitor school districts to ensure compliance with this section and the districts' policies. The board may adopt rules requiring uniform application procedures, deadlines for application, notification procedures, and record-keeping requirements for all school boards that adopt policies permitting the enrollment of adjacent or other district students, as applicable. If the state board adopts such rules, no school board shall adopt a policy that conflicts with those rules.

(H) A resolution adopted by a board of education under this section that entirely prohibits the enrollment of students from adjacent and from other school districts does not abrogate any agreement entered into under section 3313.841 or 3313.92 of the Revised Code or any contract entered into under section 3313.90 of the Revised Code between the board of education adopting the resolution and the board of education of any adjacent or other district or prohibit these boards of education from entering into any such agreement or contract.

(I) Nothing in this section shall be construed to permit or require the board of education of a city, exempted village, or local school district to exclude any native student of the district from enrolling in the district.

Sec. 3314.03. (A) Each contract entered into under section 3314.02 of the Revised Code between a sponsor and the governing authority of a community school shall specify the following:

(1) That the school shall be established as a nonprofit corporation established under Chapter 1702. of the Revised Code;

(2) The education program of the school, including the school's mission, the characteristics of the students the school is expected to attract, the ages and grades of students, and the focus of the curriculum;

(3) The academic goals to be achieved and the method of measurement that will be used to determine progress toward those goals, which shall include the statewide proficiency tests;

(4) Performance standards by which the success of the school will be evaluated by the sponsor;

(5) The admission standards of section 3314.06 of the Revised Code;

(6) Dismissal procedures;

(7) The ways by which the school will achieve racial and ethnic balance reflective of the community it serves;

(8) Requirements and procedures for program and ANNUAL financial audits, including audits by the auditor of state and the department of education. The contract shall require financial records of the school to be maintained in the same manner as are financial records of school districts, pursuant to rules of the auditor of state AND THE ANNUAL AUDITS SHALL BE CONDUCTED IN THE SAME MANNER AS AUDITS OF SCHOOL DISTRICTS.

(9) The facility to be used and its location;

(10) Qualifications of teachers, including a requirement that the school's classroom teachers be licensed in accordance with sections 3319.22 to 3319.31 of the Revised Code, except that a community school may engage noncertificated persons to teach up to twelve hours per week pursuant to section 3319.301 of the Revised Code;

(11) That the school will comply with the following requirements:

(a) The school will provide learning opportunities to a minimum of twenty-five students for a minimum of nine hundred twenty hours per school year;

(b) The governing authority will purchase liability insurance, or otherwise provide for the potential liability of the school;

(c) The school will be nonsectarian in its programs, admission policies, employment practices, and all other operations, and will not be operated by a sectarian school or religious institution;

(d) The school will comply with sections 9.90, 9.91, 109.65, 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, 3301.0714, 3313.50, 3313.643, 3313.66, 3313.661, 3313.662, 3313.67, 3313.672, 3313.673, 3313.69, 3313.71, 3313.80, 3313.96, 3319.321, 3319.39, 3321.01, 3327.10, 4111.17, and 4113.52 and Chapters 117., 1347., 2744., 4112., 4123., 4141., and 4167. of the Revised Code as if it were a school district;

(e) The school shall comply with Chapter 102. of the Revised Code except that nothing in that chapter shall prohibit a member of the school's governing board from also being an employee of the school and nothing in that chapter or section 2921.42 of the Revised Code shall prohibit a member of the school's governing board from having an interest in a contract into which the governing board enters;

(f) The school will comply with sections 3313.61 and 3313.611 of the Revised Code, except that the requirement in those sections that a person must successfully complete the curriculum in any high school prior to receiving a high school diploma may be met by completing the curriculum adopted by the governing authority of the community school rather than the curriculum specified in Title XXXIII of the Revised Code or any rules of the state board of education;

(g) The school governing authority will submit an annual report of its activities and progress in meeting the goals and standards of divisions (A)(3) and (4) of this section and its financial status to the sponsor and to, the parents of all students enrolled in the school, AND THE LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT.

(12) Arrangements for providing health and other benefits to employees;

(13) The length of the contract, which shall begin at the beginning of an academic year and shall not exceed three FIVE years;

(14) The governing authority of the school, which shall be responsible for carrying out the provisions of the contract;

(15) A financial plan detailing an estimated school budget for each year of the period of the contract and specifying the total estimated per pupil expenditure amount for each such year. The plan shall specify for each year the base formula amount that will be used for purposes of funding calculations under section 3314.08 of the Revised Code. This base formula amount for any year shall not exceed the formula amount defined under section 3317.02 of the Revised Code. The plan may also specify for any year a percentage figure to be used for reducing the per pupil amount of disadvantaged pupil impact aid calculated pursuant to section 3317.029 of the Revised Code the school is to receive that year under section 3314.08 of the Revised Code.

(16) Requirements and procedures regarding the disposition of employees of the school in the event the contract is terminated or not renewed pursuant to section 3314.07 of the Revised Code;

(17) Whether the school is to be created by converting all or part of an existing public school or is to be a new start-up school, and if it is a converted public school, specification of any duties or responsibilities of an employer that the board of education that operated the school before conversion is delegating to the governing board of the community school with respect to all or any specified group of employees provided the delegation is not prohibited by a collective bargaining agreement applicable to such employees;

(18) Provisions establishing procedures for resolving disputes or differences of opinion between the sponsor and the governing authority of the community school;

(19) THAT THE SCHOOL SHALL BE THE CUSTODIAN OF ALL MONEY RECEIVED DURING THE FIRST FULL FISCAL YEAR OF ITS OPERATION AND DURING SUBSEQUENT YEARS UNLESS ANOTHER CUSTODIAN IS DESIGNATED IN THE CONTRACT TO RECEIVE AND MAINTAIN THE FIRST-YEAR REVENUE.

(B) The community school shall also submit to the sponsor a comprehensive plan for the school. The plan shall specify the following:

(1) The process by which the governing authority of the school will be selected in the future;

(2) The management and administration of the school;

(3) If the community school is a currently existing public school, alternative arrangements for current public school students who choose not to attend the school and teachers who choose not to teach in the school after conversion;

(4) The instructional program and educational philosophy of the school;

(5) Internal financial controls.

(C) A contract entered into under section 3314.02 of the Revised Code between a sponsor and the governing authority of a community school may provide for the community school governing authority to make payments to the sponsor, which is hereby authorized to receive such payments as set forth in the contract between the governing authority and the sponsor.

Sec. 3314.07. (A) The expiration of the contract for a community school between a sponsor and a school shall be the date provided in the contract. A successor contract may SHALL be entered into unless the contract is terminated or not renewed pursuant to this section.

(B)(1) A sponsor may choose not to renew a contract at its expiration or may choose to terminate a contract prior to its expiration for any of the following reasons:

(a) Failure to meet student performance requirements stated in the contract;

(b) Failure to meet generally accepted standards of fiscal management;

(c) Violation of any provision of the contract or applicable state or federal law;

(d) Other good cause.

A termination shall be effective only at the conclusion of a school year.

(2) At least sixty ONE HUNDRED EIGHTY days prior to the termination or nonrenewal of a contract, the sponsor shall notify the school of the proposed action in writing. The notice shall include the reasons for the proposed action in detail and that the school may, within fourteen days of receiving the notice, request an informal hearing before the sponsor. Such request must be in writing.

(3) A decision by the sponsor to terminate a contract may be appealed to the state board of education. The decision by the state board pertaining to an appeal under this division is final.

(C) A child attending a community school whose contract has been terminated or nonrenewed or that closes for any reason shall be admitted to the schools of the district in which the child is entitled to attend under section 3313.64 or 3313.65 of the Revised Code. Any deadlines established for the purpose of admitting students under section 3313.97 or 3313.98 shall be waived for students to whom this division pertains.

(D) A sponsor of a community school and the officers, directors, or employees of such a sponsor are not liable in damages in a tort or other civil action for harm allegedly arising from either of the following:

(1) A failure of the community school or any of its officers, directors, or employees to perform any statutory or common law duty or responsibility or any other legal obligation;

(2) An action or omission of the community school or any of its officers, directors, or employees that results in harm.

(E) As used in this section:

(1) "Harm" means injury, death, or loss to person or property.

(2) "Tort action" means a civil action for damages for injury, death, or loss to person or property other than a civil action for damages for a breach of contract or another agreement between persons.

Sec. 3314.08. (A) As used in this section:

(1) "Base formula amount" means the amount specified as such in a community school's financial plan for a school year pursuant to division (A)(15) of section 3314.03 of the Revised Code.

(2) "Cost-of-doing-business factor" has the same meaning as in section 3317.02 of the Revised Code.

(3) "IEP" means an individualized education program defined by division (E) of section 3323.01 of the Revised Code.

(4) "Actual AVERAGE COUNTY cost" means the actual cost, AVERAGED AMONG SCHOOL DISTRICTS WITHIN A COUNTY, of providing special education and related services to a special education student pursuant to an IEP in the school district where that student is entitled to attend school pursuant to section 3313.64 or 3313.65 of the Revised Code SIMILARLY HANDICAPPED CHILDREN, as calculated in a manner acceptable to the superintendent of public instruction.

(5) "DPIA reduction factor" means the percentage figure, if any, specified for reducing the per pupil amount of disadvantaged pupil impact aid a community school is entitled to receive pursuant to division (D)(3) of this section in any year, as specified in the school's financial plan for the year pursuant to division (A)(15) of section 3314.03 of the Revised Code.

(B) The state board of education shall adopt rules requiring both of the following:

(1) The board of education of each city, exempted village, and local school district to annually report the number of students entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code who are enrolled in grades one through twelve and one-half of the kindergarten students enrolled in a community school established under this chapter and for each child the community school in which the child is enrolled. In addition, for each such child receiving special education and related services enrolled in grades kindergarten through twelve or in a preschool handicapped unit in a community school pursuant to an IEP, the board shall report the actual AVERAGE COUNTY cost for such child and, if. IF the district receives disadvantaged pupil impact aid pursuant to DIVISION (B) OR DIVISIONS (C) AND (E) OF section 3317.029 of the Revised Code, it ALSO shall report the amount received for each such child.

(2) The governing authority of each community school established under this chapter to annually report the number of students enrolled in grades one through twelve and one-half the number of kindergarten students in the school who are not receiving special education and related services pursuant to an IEP; the number of enrolled students in grades one through twelve and one-half the number of kindergarten students who are receiving special education and related services pursuant to an IEP; the number of enrolled preschool handicapped students receiving special education services in a state-funded unit; the community school's base formula amount; and the city, exempted village, or local school district in which the school is located. Each governing authority shall also report any DPIA reduction factor that applies to a school year.

(C) From the payments made to a city, exempted village, or local school district under Chapter 3317. of the Revised Code and, if necessary, sections 321.14 and 323.156 of the Revised Code, the department of education shall annually subtract all of the following:

(1) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the number of the district's students reported under division (B)(2) of this section who are enrolled in grades one through twelve and one-half the number of kindergarten students in that community school and are not receiving special education and related services pursuant to an IEP is multiplied by the base formula amount of that community school as adjusted by the school district's cost-of-doing-business factor.

(2) The sum of the actual AVERAGE COUNTY costs for all district students reported under division (B)(2) of this section who are to be receiving special education and related services pursuant to an IEP in their respective community schools, less the sum of the prorated share for each such student of any amounts received from state preschool handicapped unit funding or from federal funds to provide special education and related services to students in the respective community schools. This prorated share of state or federal funds received for each such student shall be determined on the basis of all such funds received by a community school for students receiving similar services, as calculated in a manner acceptable to the superintendent of public instruction.

(3) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the number of the district's students enrolled in that community school and residing in the district in a family participating in Ohio works first under Chapter 5107. of the Revised Code is multiplied by the per pupil amount of disadvantaged pupil impact aid the school district receives that year pursuant to DIVISION (B) OR DIVISIONS (C) AND (E) OF section 3317.029 of the Revised Code, as adjusted by any DPIA reduction factor of that community school.

(D) The department shall annually pay to a community school established under this chapter all of the following:

(1) An amount equal to the sum of the amounts obtained when the number of students enrolled in grades one through twelve plus one-half of the kindergarten students in the school as reported under division (B)(2) of this section who are not receiving special education and related services pursuant to an IEP is multiplied by the community school's base formula amount, as adjusted by the cost-of-doing-business factor of the school district in which the school is located;

(2) For each student enrolled in the school receiving special education and related services pursuant to an IEP, an amount equal to the actual AVERAGE COUNTY cost for such student, less a prorated share for the student of any amount received from state preschool handicapped unit funding or federal funds to provide special education and related services to students in the community school. This prorated share shall be determined as described under division (C)(2) of this section.

(3) An amount equal to the number of students enrolled in the community school and residing in the school district in a family participating in Ohio works first is multiplied by the per pupil amount of disadvantaged pupil impact aid that school district receives that year pursuant to DIVISION (B) OR DIVISIONS (C) AND (E) OF section 3317.029 of the Revised Code, as adjusted by any DPIA reduction factor of the community school.

(E) A community school may apply to the department of education for preschool handicapped or gifted unit funding the school would receive if it were a school district. Upon request of its governing authority, a community school that received unit funding as a school district-operated school before it became a community school shall retain any units awarded to it as a school district-operated school provided the school continues to meet eligibility standards for the unit.

A community school shall be considered a school district and its governing authority shall be considered a board of education for the purpose of applying to any state or federal agency for grants that a school district may receive under federal or state law or any appropriations act of the general assembly. The governing authority of a community school may apply to any private entity for additional funds.

(F) A board of education sponsoring a community school may utilize local funds to make enhancement grants to the school or may agree, either as part of the contract or separately, to provide any specific services to the community school at no cost to the school.

(G) A community school may not levy taxes or issue bonds secured by tax revenues.

(H) No community school shall charge tuition for the enrollment of any student.

(I) A community school may borrow money to pay any necessary and actual expenses of the school in anticipation of the receipt of any portion of the payments to be received by the school pursuant to division (D) of this section. The school may issue notes to evidence such borrowing to mature no later than the end of the fiscal year in which such money was borrowed. The proceeds of the notes shall be used only for the purposes for which the anticipated receipts may be lawfully expended by the school.

(J) For purposes of determining the number of students for which division (D)(3) of this section applies in any school year, a community school may submit to the state department of human services, no later than the first day of March, a list of the students enrolled in the school. For each student on the list, the community school shall indicate the student's name, address, and date of birth and the school district where the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code. Upon receipt of a list under this division, the department of human services shall determine, for each school district where one or more students on the list is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code, the number of students residing in that school district who were included in the department's report under section 3317.10 of the Revised Code. The department shall make this determination on the basis of information readily available to it. Upon making this determination and no later than ninety days after submission of the list by the community school, the department shall report to the state department of education the number of students on the list who reside in each school district who were included in the department's report under section 3317.10 of the Revised Code. In complying with this division, the department of human services shall not report to the state department of education any personally identifiable information on any student.

(K) The department of education shall adjust the amounts subtracted and paid under divisions (C) and (D) of this section to reflect any enrollment of students in community schools for less than the equivalent of a full school year.

Sec. 3314.12. THE LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT SHALL PRODUCE AND ISSUE AN ANNUAL COMPOSITE INFORMATIONAL REPORT ON COMMUNITY SCHOOLS TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, THE PRESIDENT OF THE SENATE, AND THE GOVERNOR. THE REPORT SHALL INCLUDE THE NUMBER OF SCHOOLS IN OPERATION, THE SIZE AND CHARACTERISTICS OF ENROLLMENT FOR THE SCHOOLS, THE ACADEMIC PERFORMANCE OF THE SCHOOLS, THE FINANCIAL STATUS OF THE SCHOOLS, AND ANY OTHER PERTINENT INFORMATION.

Sec. 3314.13. (A) AS USED IN THIS SECTION:

(1) "ALL-DAY KINDERGARTEN" AND "DPIA INDEX" HAVE THE SAME MEANINGS AS IN SECTION 3317.029 OF THE REVISED CODE.

(2) "FORMULA AMOUNT" HAS THE SAME MEANING AS IN SECTION 3317.02 OF THE REVISED CODE.

(B) THE DEPARTMENT OF EDUCATION ANNUALLY SHALL PAY EACH COMMUNITY SCHOOL ESTABLISHED UNDER THIS CHAPTER OR UNDER SECTION 50.52 OF AM. SUB. H.B. NO. 215 OF THE122nd GENERAL ASSEMBLY ONE-HALF OF THE FORMULA AMOUNT FOR EACH STUDENT WHO IS ENTITLED TO ATTEND SCHOOL UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE IN A SCHOOL DISTRICT WITH A DPIA INDEX OF ONE OR GREATER AND WHO IS REPORTED BY THE COMMUNITY SCHOOL AS ENROLLED IN ALL-DAY KINDERGARTEN AT THE COMMUNITY SCHOOL. IF A STUDENT FOR WHOM PAYMENT IS MADE UNDER THIS SECTION IS ENTITLED TO ATTEND SCHOOL IN A DISTRICT THAT RECEIVES ANY PAYMENT FOR ALL-DAY KINDERGARTEN UNDER DIVISION (D) OF SECTION 3317.029 OF THE REVISED CODE, THE DEPARTMENT SHALL DEDUCT THE PAYMENT TO THE COMMUNITY SCHOOL UNDER THIS SECTION FROM THE AMOUNT PAID THAT SCHOOL DISTRICT UNDER THAT DIVISION. IF THAT SCHOOL DISTRICT DOES NOT RECEIVE PAYMENT FOR ALL-DAY KINDERGARTEN UNDER THAT DIVISION, THE DEPARTMENT SHALL PAY THE COMMUNITY SCHOOL FROM STATE FUNDS APPROPRIATED GENERALLY FOR DISADVANTAGED PUPIL IMPACT AID.

(C) THE DEPARTMENT SHALL ADJUST THE AMOUNTS DEDUCTED FROM SCHOOL DISTRICTS AND PAID TO COMMUNITY SCHOOLS UNDER THIS SECTION TO REFLECT ANY ENROLLMENTS OF STUDENTS IN ALL-DAY KINDERGARTEN IN COMMUNITY SCHOOLS FOR LESS THAN THE EQUIVALENT OF A FULL SCHOOL YEAR.

Sec. 3315.171. AS USED IN THIS SECTION, "SECURITIES" HAS THE SAME MEANING AS IN SECTION 133.01 of the Revised Code.

THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, LOCAL, OR JOINT VOCATIONAL SCHOOL DISTRICT MAY REPLACE REVENUES RECEIVED FOR OPERATING EXPENSES WITH MONEY RECEIVED FROM ANY OF THE FOLLOWING SOURCES IN MEETING THE AMOUNT REQUIRED BY DIVISION (A) OF SECTION 3315.17 OF THE REVISED CODE TO BE DEPOSITED IN THE DISTRICT'S TEXTBOOK AND INSTRUCTIONAL MATERIALS FUND:

(A) A PERMANENT IMPROVEMENT LEVY AUTHORIZED BY SECTION 5705.21 OF THE REVISED CODE TO THE EXTENT THE PROCEEDS ARE RESTRICTED BY THE DISTRICT BOARD TO EXPENDITURES FOR TEXTBOOKS, INSTRUCTIONAL SOFTWARE, AND INSTRUCTIONAL MATERIALS, SUPPLIES, AND EQUIPMENT;

(B) THE PROCEEDS OF SECURITIES WHOSE USE IS RESTRICTED TO EXPENDITURES FOR TEXTBOOKS, INSTRUCTIONAL SOFTWARE, AND INSTRUCTIONAL MATERIALS, SUPPLIES, AND EQUIPMENT.

Sec. 3315.181. AS USED IN THIS SECTION, "SECURITIES" HAS THE SAME MEANING AS IN SECTION 133.01 OF THE REVISED CODE.

NOTWITHSTANDING DIVISION (A) OF SECTION 3315.18 OF THE REVISED CODE, THE BOARD OF EDUCATION OF A CITY, EXEMPTED VILLAGE, LOCAL, OR JOINT VOCATIONAL SCHOOL DISTRICT, IN MEETING THE AMOUNT REQUIRED BY THAT DIVISION TO BE DEPOSITED IN THE DISTRICT'S CAPITAL AND MAINTENANCE FUND, MAY REPLACE GENERAL FUND REVENUES WITH PROCEEDS RECEIVED FROM A PERMANENT IMPROVEMENT LEVY AUTHORIZED BY SECTION 5705.21 OF THE REVISED CODE ONLY TO THE EXTENT THE PROCEEDS ARE AVAILABLE TO BE USED FOR THE ACQUISITION, REPLACEMENT, ENHANCEMENT, MAINTENANCE, OR REPAIR OF PERMANENT IMPROVEMENTS AS DEFINED IN SECTION 5705.01 OF THE REVISED CODE. IN ADDITION, THE BOARD MAY REPLACE GENERAL FUND REVENUES WITH PROCEEDS RECEIVED FROM ANY OF THE FOLLOWING SOURCES IN MEETING THE AMOUNT REQUIRED BY THAT DIVISION TO BE DEPOSITED IN THE FUND:

(A) PROCEEDS RECEIVED FROM ANY SECURITIES WHOSE USE IS LIMITED TO THE ACQUISITION, REPLACEMENT, ENHANCEMENT, MAINTENANCE, OR REPAIR OF PERMANENT IMPROVEMENTS;

(B) INSURANCE PROCEEDS RECEIVED AS A RESULT OF THE DAMAGE TO OR THEFT OR DESTRUCTION OF A PERMANENT IMPROVEMENT TO THE EXTENT A BOARD OF EDUCATION PLACES THE PROCEEDS IN A SEPARATE FUND FOR THE ACQUISITION, REPLACEMENT, ENHANCEMENT, MAINTENANCE, OR REPAIR OF PERMANENT IMPROVEMENTS;

(C) PROCEEDS RECEIVED FROM THE SALE OF A PERMANENT IMPROVEMENT TO THE EXTENT THE PROCEEDS ARE PAID INTO A SEPARATE FUND FOR THE CONSTRUCTION OR ACQUISITION OF PERMANENT IMPROVEMENTS;

(D) PROCEEDS RECEIVED FROM A TAX LEVY AUTHORIZED BY SECTION 3318.06 OF THE REVISED CODE TO THE EXTENT THE PROCEEDS ARE AVAILABLE TO BE USED FOR THE MAINTENANCE OF CAPITAL FACILITIES;

(E) PROCEEDS OF CERTIFICATES OF PARTICIPATION ISSUED AS PART OF A LEASE-PURCHASE AGREEMENT ENTERED INTO UNDER SECTION 3313.375 OF THE REVISED CODE.

Sec. 3317.01. As used in this section and section 3317.011 of the Revised Code, "school district," unless otherwise specified, means any city, local, exempted village, joint vocational, or cooperative education school district and any educational service center.

This chapter shall be administered by the state board of education. The superintendent of public instruction shall calculate the amounts payable to each school district and shall certify the amounts payable to each eligible district to the treasurer of the district as provided by this chapter. No moneys shall be distributed pursuant to this chapter without the approval of the controlling board.

The state board of education shall, in accordance with appropriations made by the general assembly, meet the financial obligations of this chapter, except that moneys to meet the financial obligations of section 3301.17 of the Revised Code shall be supplemented from funds available to the state from the United States or any agency or department thereof for a driver education course of instruction.

ANNUALLY, THE DEPARTMENT OF EDUCATION SHALL CALCULATE AND REPORT TO EACH SCHOOL DISTRICT THE DISTRICT'S TOTAL STATE AND LOCAL FUNDS FOR PROVIDING AN ADEQUATE BASIC EDUCATION TO THE DISTRICT'S NONHANDICAPPED STUDENTS, UTILIZING THE DETERMINATION IN SECTION 3317.012 of the Revised Code. IN ADDITION, THE DEPARTMENT SHALL CALCULATE AND REPORT SEPARATELY FOR EACH SCHOOL DISTRICT THE DISTRICT'S TOTAL STATE AND LOCAL FUNDS FOR PROVIDNG AN ADEQUATE EDUCATION FOR ITS HANDICAPPED STUDENTS, UTILIZING THE DETERMINATIONS IN BOTH SECTIONS 3317.012 AND 3317.013 of the Revised Code.

Moneys distributed pursuant to this chapter shall be calculated and paid on a fiscal year basis, beginning with the first day of July and extending through the thirtieth day of June. The moneys appropriated for each fiscal year shall be distributed at least monthly to each school district unless otherwise provided for. With each payment, the state board shall submit to each school district a detailed statement of state special education support indicating the amount of the payment calculated under division (A) of section 3317.022 of the Revised Code as basic aid that is attributable to the district's category one, two, and three special educationADMsplus the amount of the distribution computed under division (C) of section 3317.022 of the Revised Code. The state board shall submit a yearly districution DISTRIBUTION plan to the controlling board at its first meeting in July. The state board shall submit any proposed midyear revision of the plan to the controlling board in January. Any year-end revision of the plan shall be submitted to the controlling board in June. If moneys appropriated for each fiscal year are distributed other than monthly, such distribution shall be on the same basis for each school district.

The total amounts paid each month shall constitute, as nearly as possible, one-twelfth of the total amount payable for the entire year. Payments made during the first six months of the fiscal year may be based on an estimate of the amounts payable for the entire year. Payments made in the last six months shall be based on the final calculation of the amounts payable to each school district for that fiscal year. Payments made in the last six months may be adjusted, if necessary, to correct the amounts distributed in the first six months, and to reflect enrollment increases when such are at least three per cent. Except as otherwise provided, payments under this chapter shall be made only to those school districts in which:

(A) The school district, except for any educational service center and any joint vocational or cooperative education school district, levies for current operating expenses at least twenty mills. Levies for joint vocational or cooperative education school districts or county school financing districts, limited to or to the extent apportioned to current expenses, shall be included in this qualification requirement. School district income tax levies under Chapter 5748. of the Revised Code, limited to or to the extent apportioned to current operating expenses, shall be included in this qualification requirement to the extent determined by the tax commissioner under division (C) of section 3317.021 of the Revised Code.

(B) The school year next preceding the fiscal year for which such payments are authorized meets the requirement of section 3313.48 or 3313.481 of the Revised Code, with regard to the minimum number of days or hours school must be open for instruction with pupils in attendance, for individualized parent-teacher conference and reporting periods, and for professional meetings of teachers. This requirement shall be waived by the superintendent of public instruction if it had been necessary for a school to be closed because of disease epidemic, hazardous weather conditions, inoperability of school buses or other equipment necessary to the school's operation, damage to a school building, or other temporary circumstances due to utility failure rendering the school building unfit for school use, provided that for those school districts operating pursuant to section 3313.48 of the Revised Code the number of days the school was actually open for instruction with pupils in attendance and for individualized parent-teacher conference and reporting periods is not less than one hundred seventy-five, or for those school districts operating on a trimester plan the number of days the school was actually open for instruction with pupils in attendance not less than seventy-nine days in any trimester, for those school districts operating on a quarterly plan the number of days the school was actually open for instruction with pupils in attendance not less than fifty-nine days in any quarter, or for those school districts operating on a pentamester plan the number of days the school was actually open for instruction with pupils in attendance not less than forty-four days in any pentamester.

A school district shall not be considered to have failed to comply with this division or section 3313.481 of the Revised Code because schools were open for instruction but either twelfth grade students were excused from attendance for up to three days or only a portion of the kindergarten students were in attendance for up to three days in order to allow for the gradual orientation to school of such students.

The superintendent of public instruction shall waive the requirements of this section with reference to the minimum number of days or hours school must be in session with pupils in attendance for the school year succeeding the school year in which a board of education initiates a plan of operation pursuant to section 3313.481 of the Revised Code. The minimum requirements of this section shall again be applicable to such a district beginning with the school year commencing the second July succeeding the initiation of one such plan, and for each school year thereafter.

A school district shall not be considered to have failed to comply with this division or section 3313.48 or 3313.481 of the Revised Code because schools were open for instruction but the length of the regularly scheduled school day, for any number of days during the school year, was reduced by not more than two hours due to hazardous weather conditions.

(C) The school district has on file, and is paying in accordance with, a teacher's TEACHERS' salary schedule which complies with section 3317.13 of the Revised Code.

A board of education or governing board of an educational service center which has not conformed with other law and the rules pursuant thereto, shall not participate in the distribution of funds authorized by sections 3317.022 to 3317.0211, 3317.11, 3317.16, 3317.17, and 3317.19 of the Revised Code, except for good and sufficient reason established to the satisfaction of the state board of education and the state controlling board.

All funds allocated to school districts under this chapter, except those specifically allocated for other purposes, shall be used to pay current operating expenses only.

Sec. 3317.013. This section does not apply to preschool handicapped PRESCHOOL students.

Analysis of special education cost data has resulted in a finding that the average special education excess ADDITIONAL cost per pupil, including the costs of related services, can be expressed as a multiple of the base cost per pupil calculated under section 3317.012 of the Revised Code. The multiples for the following categories of special education programs, as these programs are defined for purposes of Chapter 3323. of the Revised Code, are as follows:

(A) A multiple of 0.22 for students identified as specific learning disabled, other health handicapped, or developmentally handicapped, as these terms are defined pursuant to Chapter 3323. of the Revised Code;

(B) A multiple of 3.01 for students identified as hearing handicapped, orthopedically handicapped, vision impaired, multihandicapped, and severe behavior handicapped, as these terms are defined pursuant to Chapter 3323. of the Revised Code.

Further analysis indicates that approximately one-eighth of THE TOTAL COSTS OF SERVING special education costs consist STUDENTS CONSISTS of the furnishing of THE related services specified in division (A)(B)(3) of section 3317.024 3317.022 of the Revised Code.

Sec. 3317.02. As used in this chapter:

(A) Unless otherwise specified, "school district" means city, local, and exempted village school districts.

(B) "Formula amount" means the base cost for the fiscal year specified in section 3317.012 of the Revised Code, except that to allow for the orderly phase-in of the increased funding specified in that section, the formula amount for fiscal year 1999 shall be $3,851; the formula amount for fiscal year 2000 shall be $4,038; and the formula amount for fiscal year 2001 shall be $4,226. Thereafter, the formula amount shall be as specified in that section.

(C) "FTE basis" means a count of students based on full-time equivalency, in accordance with rules adopted by the department of education pursuant to section 3317.03 of the Revised Code. IN ADOPTING ITS RULES UNDER THIS DIVISION, THE DEPARTMENT SHALL PROVIDE FOR COUNTING ANY STUDENT IN A DISTRICT'S CATEGORY ONE, TWO, OR THREE SPECIAL EDUCATION ADM IN THE SAME PROPORTION THE STUDENT IS COUNTED IN FORMULA ADM.

(D)(1) "Formula ADM" means the greater of the number reported pursuant to division (A) of section 3317.03 of the Revised Code or the three-year.

(2) "THREE-YEAR AVERAGE FORMULA ADM" MEANS THE average of that number and the number reported under that division A SCHOOL DISTRICT'S FORMULA ADMs for the CURRENT AND preceding two fiscal years. However, as applicable in fiscal years 1999 and 2000, the three-year average specified in this division shall be determined utilizing the FY 1997 ADM or FY 1998 ADM in lieu of a number reported under division (A) of section 3317.03 of the Revised Code FORMULA ADM FOR FISCAL YEAR 1997 OR 1998.

(E) "Preschool special educationADM" means the sum of the average daily membership of handicapped preschool children receiving services in preschool special education units approved pursuant to division (B) of section 3317.05 of the Revised Code FY 1997 ADM" or "FY 1998 ADM" MEANS THE DISTRICT'S AVERAGE DAILY MEMBERSHIP REPORTED FOR THE APPLICABLE FISCAL YEAR UNDER THE VERSION OF DIVISION (A) OF SECTION 3317.03 OF THE REVISED CODE IN EFFECT DURING THAT FISCAL YEAR, ADJUSTED AS FOLLOWS:

(1) MINUS THE AVERAGE DAILY MEMBERSHIP OF HANDICAPPED PRESCHOOL CHILDREN;

(2) MINUS ONE-HALF OF THE AVERAGE DAILY MEMBERSHIP ATTENDING KINDERGARTEN;

(3) MINUS THREE-FOURTHS OF THE AVERAGE DAILY MEMBERSHIP ATTENDING A JOINT VOCATIONAL SCHOOL DISTRICT;

(4) PLUS THE AVERAGE DAILY MEMBERSHIP ENTITLED UNDER SECTION 3313.64 OR 3313.65 OF THE REVISED CODE TO ATTEND SCHOOL IN THE DISTRICT BUT RECEIVING EDUCATIONAL SERVICES IN APPROVED UNITS FROM AN EDUCATIONAL SERVICE CENTER OR ANOTHER SCHOOL DISTRICT UNDER A COMPACT OR A COOPERATIVE EDUCATION AGREEMENT, AS DETERMINED BY THE DEPARTMENT;

(5) MINUS THE AVERAGE DAILY MEMBERSHIP RECEIVING EDUCATIONAL SERVICES FROM THE DISTRICT IN APPROVED UNITS BUT ENTITLED UNDER SECTION 3313.64 OR 3313.65 of the Revised Code TO ATTEND SCHOOL IN ANOTHER SCHOOL DISTRICT, AS DETERMINED BY THE DEPARTMENT.

(F)(1) "Category one special education ADM" means the average daily membership of handicapped children receiving special education services for those handicaps specified in division (A) of section 3317.013 of the Revised Code and reported under division (B) of section 3317.03 of the Revised Code.

(2) "Category two special education ADM" means the average daily membership of handicapped children receiving special education services for those handicaps specified in division (B) of section 3317.013 of the Revised Code and reported under division (B) of section 3317.03 of the Revised Code.

(3) "Category three special education ADM" means the average daily membership of students receiving special education services for students identified as autistic, having traumatic brain injuries, or as both visually and hearing disabled as these terms are defined pursuant to Chapter 3323. of the Revised Code, and reported under division (B) of section 3317.03 of the Revised Code.

(G) "Family assistance" means assistance received under the Ohio works first program or, for the purpose of determining the five-year average of recipients of family assistance for fiscal years 1999 through 2002, assistance received under an antecedent family assistance program known asTANForADC HANDICAPPED PRESCHOOL CHILD" MEANS A HANDICAPPED CHILD, AS DEFINED IN SECTION 3323.01 OF THE REVISED CODE, WHO IS AT LEAST AGE THREE BUT IS NOT OF COMPULSORY SCHOOL AGE, AS DEFINED IN SECTION 3321.01 OF THE REVISED CODE, AND WHO HAS NOT ENTERED KINDERGARTEN.

(H) "DPIAADM" means the five-year average of the number of children ages five to seventeen years residing in the school district and living in a family receiving family assistance, as certified or adjusted under section 3317.10 of the Revised Code COUNTY MR/DD BOARD" MEANS A COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES.

(I)(1) "DPIApercentage" means a school district'sDPIA ADMfor the fiscal year divided by the district's three-year average formulaADMfor that fiscal year.

(2) "Three-year average formulaADM" means the average of the district's formulaADMfor the current and preceding two fiscal years, provided that in fiscal years 1999 and 2000, the department shall calculate this average utilizing the district'sADMreported for fiscal years 1997 and 1998 pursuant to division (A) of section 3317.03 of the Revised Code, minus one-half the kindergarten students "RECOGNIZED VALUATION" MEANS THE AMOUNT CALCULATED FOR A SCHOOL DISTRICT PURSUANT TO SECTION 3317.015 OF THE REVISED CODE.

(J) "Transportation ADM" means the number of children reported under division (B)(9) of section 3317.03 of the Revised Code.

(K) "Most efficient transportation use cost per TRANSPORTED student" for a district means the most efficient cost per transported student for that district as developed A STATISTICAL REPRESENTATION OF TRANSPORTATION COSTS AS CALCULATED under division (D)(4) of section 3317.022 of the Revised Code.

(L) "Taxes charged and payable" means the taxes charged and payable against real and public utility property after making the reduction required by section 319.301 of the Revised Code, plus the taxes levied against tangible personal property.

(M) "Total taxable value" means the sum of the amounts certified for a city, local, exempted village, or joint vocational school district under divisions (A)(1) and (2) of section 3317.021 of the Revised Code.

(N)(1) "Cost-of-doing-business factor" means the amount indicated in this division for the county in which the district is located, adjusted in accordance with division (N)(2) of this section. If the district is located in more than one county, the factor is the amount indicated for the county to which the district is assigned by the state department of education.

COST-OF-DOING-BUSINESS
COUNTYFACTOR AMOUNT

Adams1.0100
Allen1.0272
Ashland1.0362
Ashtabula1.0540
Athens1.0040
Auglaize1.0300
Belmont1.0101
Brown1.0218
Butler1.0662
Carroll1.0180
Champaign1.0432
Clark1.0489
Clermont1.0498
Clinton1.0287
Columbiana1.0320
Coshocton1.0224
Crawford1.0174
Cuyahoga1.0725
Darke1.0360
Defiance1.0214
Delaware1.0512
Erie1.0414
Fairfield1.0383
Fayette1.0281
Franklin1.0548
Fulton1.0382
Gallia1.0000
Geauga1.0608
Greene1.0418
Guernsey1.0091
Hamilton1.0750
Hancock1.0270
Hardin1.0384
Harrison1.0111
Henry1.0389
Highland1.0177
Hocking1.0164
Holmes1.0275
Huron1.0348
Jackson1.0176
Jefferson1.0090
Knox1.0276
Lake1.0627
Lawrence1.0154
Licking1.0418
Logan1.0376
Lorain1.0573
Lucas1.0449
Madison1.0475
Mahoning1.0465
Marion1.0289
Medina1.0656
Meigs1.0016
Mercer1.0209
Miami1.0456
Monroe1.0152
Montgomery1.0484
Morgan1.0168
Morrow1.0293
Muskingum1.0194
Noble1.0150
Ottawa1.0529
Paulding1.0216
Perry1.0185
Pickaway1.0350
Pike1.0146
Portage1.0595
Preble1.0523
Putnam1.0308
Richland1.0232
Ross1.0111
Sandusky1.0361
Scioto1.0082
Seneca1.0265
Shelby1.0274
Stark1.0330
Summit1.0642
Trumbull1.0465
Tuscarawas1.0109
Union1.0488
Van Wert1.0181
Vinton1.0065
Warren1.0678
Washington1.0124
Wayne1.0446
Williams1.0316
Wood1.0431
Wyandot1.0227

(2) As used in this division, "multiplier" means the number for the corresponding fiscal year as follows:
FISCAL YEAR OF THE
COMPUTATIONMULTIPLIER

19989.6/7.5
199911.0/7.5
200012.4/7.5
200113.8/7.5
200215.2/7.5
200316.6/7.5
2004 and thereafter18.0/7.5

Beginning in fiscal year 1998, the department shall annually adjust the cost-of-doing-business factor for each county in accordance with the following formula:


[(The cost-of-doing-business factor specified under division (N)(1) of this section - 1) X (the multiplier for the fiscal year of the calculation)] + 1

The result of such formula shall be the adjusted cost-of-doing-business factor for that fiscal year.

(O) "Tax exempt value" of a school district means the amount certified for a school district under division (A)(4) of section 3317.021 of the Revised Code.

(P) "Potential value" of a school district means the adjusted total taxable value of a school district plus the tax exempt value of the district.

(Q) "District median income" means the median Ohio adjusted gross income certified for a school district. On or before the first day of July of each year, the tax commissioner shall certify to the department of education for each city, exempted village, and local school district the median Ohio adjusted gross income of the residents of the school district determined on the basis of tax returns filed for the second preceding tax year by the residents of the district.

(R) "Statewide median income" means the median district median income of all city, exempted village, and local school districts in the state.

(S) "Income factor" for a city, exempted village, or local school district means the quotient obtained by dividing that district's median income by the statewide median income.

(T) "Valuation EXCEPT AS PROVIDED IN DIVISION (B)(3) OF SECTION 3317.012 of the Revised Code, "VALUATION per pupil" for a city, exempted village, or local school district means the district's recognized valuation divided by THE GREATER OF the district's formula ADM OR THREE-YEAR AVERAGE FORMULA ADM.

(U) Except as provided in section 3317.0213 of the Revised Code, "adjusted valuation per pupil" means the amount calculated in accordance with the following formula:


District valuation per pupil - [$60,000 X (1 - district income factor)]

If the result of such formula is negative, the adjusted valuation per pupil shall be zero.

(V) "Income adjusted valuation" means the product obtained by multiplying the district's adjusted valuation per pupil by THE GREATER OF the district's formula ADM OR THREE-YEAR AVERAGE FORMULA ADM.

(W) "Adjusted EXCEPT AS PROVIDED IN DIVISION (A)(2) OF SECTION 3317.022 of the Revised Code, "ADJUSTED total taxable value" means one of the following:

(1) In any fiscal year that a district's income factor is less than or equal to one, the amount calculated under the following formula:

(Income adjusted valuation X 1/5) + (recognized valuation X 4/5)

(2) In fiscal year 1999, if a district's income factor is greater than one, the amount calculated under the following formula:

(Income adjusted valuation X 1/15) + (recognized valuation X 14/15)

Thereafter, the adjusted total taxable value of a district with an income factor greater than one shall be its recognized valuation.

(X) "Recognized valuation" means the amount calculated for a school district pursuant to section 3317.015 of the Revised Code.

(Y) "CountyMR/DDboard" means a county board of mental retardation and developmental disabilities.

(Z) "Handicapped preschool child" means a handicapped child, as defined in section 3323.01 of the Revised Code, who is at least age three but is not of compulsory school age, as defined in section 3321.01 of the Revised Code, and who has not entered kindergarten.

(AA) "FY1997 orFY1998ADM" means for either fiscal year, as applicable, the district's average daily membership as described by division (A) of former section 3317.02 of the Revised Code, plus the district's average daily membership based upon full-time equivalency in approved vocational units as certified by the district under division (A)(2) of former section 3317.03 of the Revised Code and the district's average daily membership of all handicapped children, except for preschool handicapped children, in classes in the district as certified under division (a)(3) of former section 3317.03 of the Revised Code, as those divisions and sections existed in the applicable fiscal year.

Sec. 3317.021. (A) On or before the first day of June of each year, the tax commissioner shall certify to the department of education the following information for each city, exempted village, and local school district and the information required by divisions (A)(1) and (2) of this section for each joint vocational school district, and it shall be used, along with the information certified under division (B) of this section, in making the computations for the district under section 3317.022 or 3317.16 of the Revised Code:

(1) The taxable value of real and public utility real property in the school district subject to taxation in the preceding tax year, by class and by county of location;

(2) The taxable value of tangible personal property, including public utility personal property, subject to taxation by the district for the preceding tax year;

(3) The total property tax rate and total taxes charged and payable for the current expenses for the preceding tax year and the total property tax rate and the total taxes charged and payable to a joint vocational district for the preceding tax year that are limited to or to the extent apportioned to current expenses;

(4) The value of all real and public utility real property in the school district exempted from taxation minus both of the following:

(a) The value of real and public utility real property in the district owned by the United States government and used exclusively for a public purpose;

(b) The value of real and public utility real property in the district exempted from taxation under Chapter 725. or 1728. or section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, 5709.73, or 5709.78 of the Revised Code.

(5) The total effective operating tax rate for the district IN THE TAX YEAR FOR WHICH THE MOST RECENT DATA ARE AVAILABLE.

(B) On or before the first day of May each year, the tax commissioner shall certify to the department of education the total taxable real property value of railroads and, separately, the total taxable tangible personal property value of all public utilities for the preceding tax year, by school district and by county of location.

(C) If on the basis of the information certified under division (A) of this section, the department determines that any district fails in any year to meet the qualification requirement specified in division (A) of section 3317.01 of the Revised Code, the department shall immediately request the tax commissioner to determine the extent to which any school district income tax levied by the district under Chapter 5748. of the Revised Code shall be included in meeting that requirement. Within five days of receiving such a request from the department, the tax commissioner shall make the determination required by this division and report the quotient obtained under division (C)(3) of this section to the department. This quotient represents the number of mills that the department shall include in determining whether the district meets the qualification requirement of division (A) of section 3317.01 of the Revised Code.

The tax commissioner shall make the determination required by this division as follows:

(1) Multiply one mill times the total taxable value of the district as determined in divisions (A)(1) and (2) of this section;

(2) Estimate the total amount of tax liability for the current tax year under taxes levied by Chapter 5748. of the Revised Code that are apportioned to current operating expenses of the district;

(3) Divide the amount estimated under division (C)(2) of this section by the product obtained under division (C)(1) of this section.

(D) As used in this section:

(1) "Class I taxes charged and payable for current expenses" means taxes charged and payable for current expenses on land and improvements classified as residential/agricultural real property under section 5713.041 of the Revised Code.

(2) "Class I taxable value" means the taxable value of land and improvements classified as residential/agricultural real property under section 5713.041 of the Revised Code.

(3) "Class I effective operating tax rate" of a school district means the quotient obtained by dividing the school district's Class I taxes charged and payable for current expenses by the district's Class I taxable value.

(4) "Income tax equivalent tax rate" of a school district means the quotient obtained by dividing the income tax liability for the most recently concluded REVENUE DISBURSED DURING THE CURRENT FISCAL year under any tax levied pursuant to Chapter 5748. of the Revised Code by total taxable value of the district to the extent the revenue from the tax is allocated or apportioned to current expenses.

(5) "Total effective operating tax rate" means the sum of the Class I effective operating tax rate and the income tax equivalent tax rate.

(6) "State taxable value per pupil" means the quotient obtained by dividing the total taxable value of all city, local, and exempted village school districts in this state by the sum of the formulaADMs of all city, local, and exempted village school districts in this state.

Sec. 3317.022. (A)(1) The department of education shall compute and distribute state basic aid to each school district for the fiscal year in accordance with the following formula, using adjusted total taxable value as defined under division (W) of section 3317.02 of the Revised Code OR DIVISION (A)(2) OF THIS SECTION and the information obtained under section 3317.021 of the Revised Code in the calendar year in which the fiscal year begins.

Compute the following for each eligible district:

([cost-of-doing-business factor X the formula amount X (THE GREATER OF formula ADM OR THREE-YEAR AVERAGE FORMULA ADM)] - (.023 X adjusted total taxable value)

If the difference obtained is a negative number, the district's computation shall be zero.

(2)(a) For each school district for which the tax exempt value of the district equals or exceeds twenty-five per cent of the potential value of the district, the department of education shall calculate the difference between the district's tax exempt value and twenty-five per cent of the district's potential value.

(b) For each school district to which division (A)(2)(a) of this section applies, the adjusted total taxable value used in the calculation under division (A)(1) of this section shall be the adjusted total taxable value modified by subtracting the amount calculated under division (A)(2)(a) of this section.

(B) As used in division (C) of this section and in section 3317.024 of the Revised Code:

(1) The "total special education weight" for a district means the sum of the following amounts:

(a) The district's category one special education ADM multiplied by the multiple specified under division (A) of section 3317.013 of the Revised Code;

(b) The sum of the district's category two and category three special education ADMs multiplied by the multiple specified under division (B) of section 3317.013 of the Revised Code.

(2) "State share percentage" means the percentage calculated for a district as follows:

(a) Calculate the basic aid amount for the district for the fiscal year under division (A) of this section. If the district would not receive any state basic aid for that year under that division, the district's state share percentage is zero.

(b) If the district would receive basic aid under that division, divide that basic aid amount by an amount equal to the following:


Cost-of-doing-business factor X the formula amount X (THE GREATER OF formula ADM OR THREE-YEAR AVERAGE FORMULA ADM)

The resultant number is the district's state share percentage.

(3) "RELATED SERVICES" INCLUDES:

(a) CHILD STUDY, SPECIAL EDUCATION SUPERVISORS AND COORDINATORS, SPEECH AND HEARING SERVICES, ADAPTIVE PHYSICAL DEVELOPMENT SERVICES, AND OCCUPATIONAL OR PHYSICAL THERAPY, AS THOSE TERMS ARE DEFINED BY THE DEPARTMENT;

(b) SPEECH AND LANGUAGE SERVICES PROVIDED TO ANY STUDENT WITH A HANDICAP, INCLUDING ANY STUDENT WHOSE PRIMARY OR ONLY HANDICAP IS A SPEECH AND LANGUAGE HANDICAP;

(c) ANY RELATED SERVICE NOT SPECIFICALLY COVERED BY OTHER STATE FUNDS BUT SPECIFIED IN FEDERAL LAW, INCLUDING BUT NOT LIMITED TO, AUDIOLOGY AND PSYCHOLOGY;

(d) ANY SERVICE INCLUDED IN UNITS FUNDED UNDER FORMER DIVISION (O)(1) OF SECTION 3317.023 OF THE REVISED CODE.

(C)(1) The department shall compute and distribute state basic special education AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS funds to each school district in accordance with the following formula:


The district's state share percentage
X seven-eighths of the formula amount for the year
for which the aid is calculated
X the district's total special education weight

(2) IN ANY FISCAL YEAR, A SCHOOL DISTRICT RECEIVING FUNDS UNDER DIVISION (C)(1) OF THIS SECTION SHALL SPEND ON RELATED SERVICES THE LESSER OF THE FOLLOWING:

(a) THE AMOUNT THE DISTRICT SPENT ON RELATED SERVICES IN THE PRECEDING FISCAL YEAR;

(b) 1/8 X [COST-OF-DOING-BUSINESS FACTOR X THE FORMULA AMOUNT X (THE CATEGORY ONE SPECIAL EDUCATION ADM + CATEGORY TWO SPECIAL EDUCATION ADM + CATEGORY THREE SPECIAL EDUCATION ADM)] + THE AMOUNT CALCULATED FOR THE FISCAL YEAR UNDER DIVISION (C)(1) OF THIS SECTION + THE LOCAL SHARE OF SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS

(3) THE LOCAL SHARE OF SPECIAL EDUCATION AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS EQUALS:


(1 - THE DISTRICT'S STATE SHARE PERCENTAGE) X THE DISTRICT'S TOTAL SPECIAL EDUCATION WEIGHT X THE FORMULA AMOUNT

(4) The department shall compute and pay in accordance with this division additional state aid to school districts for students in category three special education ADM. If a district's costs for the fiscal year for a student in its category three special education ADM are twenty-five thousand dollars or more, the district may submit to the superintendent of public instruction documentation, as prescribed by the superintendent, of all its costs for that student. Upon submission of documentation for a student of the type and in the manner prescribed, the department shall pay to the district an amount equal to the district's costs for the student in excess of twenty-five thousand dollars multiplied by the district's state share percentage.

(D)(1) As used in this division, "log density" means a statistical representation of the most efficient transportation use cost per transported student for each district based on a statewide analysis THE LOGARITHMIC CALCULATION (BASE 10) of each district's transportation ADM per linear mile.

(2) In addition to funds paid under divisions (A) and (C) of this section, each district shall receive a payment equal to sixty per cent of the district's transportation ADM times the district's most efficient transportation use cost per transported student.

(3) In fiscal years 1999 through 2002, notwithstanding the amount calculated for each district under division (D)(2) of this section, each district shall receive in the corresponding fiscal year the following percentage of the district's transportation ADM times the district's most efficient transportation use cost per transported student:
FISCAL YEARPERCENTAGE
199950%
200052.5%
200155%
200257.5%

(4) For purposes of funding the student transportation portion, the department of education shall determine the most efficient transportation use cost per transported student for each school district. This cost per student shall be an amount equal to the number ten to a power calculated in accordance with the following formula:

(-0.413148 X log density) + 2.493129

(5) The department of education shall biennially ANNUALLY update the most efficient transportation use cost per transported student for each district in accordance with the formula in division (D)(4) of this section, including the figures and log density component of that formula, based on a AN ANNUAL statewide analysis of each district's transportation ADM per linear mile, and shall notify the office of budget and management of such update by September of each even-numbered EVERY year.

THE DEPARTMENT OF EDUCATION SHALL USE THE MOST RECENT AVAILABLE DATA AS OF THE FIRST DAY OF JULY OF EACH YEAR TO COMPLETE THE ANNUAL UPDATE. THE DEPARTMENT SHALL APPLY A 2.8 PER CENT INFLATION COST ADJUSTMENT FACTOR FOR EACH FISCAL YEAR SINCE THE FISCAL YEAR FOR WHICH THE DATA APPLIES TO ADJUST THE AMOUNT CALCULATED FOR EACH DISTRICT UNDER DIVISION (D)(2) OR (3) OF THIS SECTION TO THE CURRENT FISCAL YEAR LEVEL.

(6) IN ADDITION TO FUNDS PAID UNDER DIVISION (D)(2) OR (3) OF THIS SECTION, EACH DISTRICT SHALL RECEIVE IN ACCORDANCE WITH RULES ADOPTED BY THE STATE BOARD OF EDUCATION A PAYMENT FOR STUDENTS TRANSPORTED BY MEANS OTHER THAN BOARD-OWNED OR CONTRACTOR-OPERATED BUSES AND WHOSE TRANSPORTATION IS NOT FUNDED UNDER DIVISION (J) OF SECTION 3317.024 OF THE REVISED CODE. THE RULES SHALL INCLUDE PROVISIONS FOR SCHOOL DISTRICT REPORTING OF SUCH STUDENTS.

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the Revised Code, the amounts required to be paid to a district under that section THIS CHAPTER shall be adjusted by the amount of the computations made under divisions (B) to (J)(K) of this section.

As used in this section:

(1) "Classroom teacher" means a licensed employee who provides direct instruction to pupils, excluding teachers funded from money paid to the district from federal sources; educational service personnel; and vocational and special education teachers.

(2) "Educational service personnel" shall not include such specialists funded from money paid to the district from federal sources or assigned full-time to vocational or special education students and classes and may only include those persons employed in the eight specialist areas in a pattern approved by the department of education under guidelines established by the state board of education.

(3) "Annual salary" means the annual base salary stated in the state minimum salary schedule for the performance of the teacher's regular teaching duties that the teacher earns for services rendered for the first full week of October of the fiscal year for which the adjustment is made under division (C) of this section. It shall not include any salary payments for supplemental teachers contracts.

(4) "Regular student population" means the formula ADM PLUS THE NUMBER OF STUDENTS REPORTED AS ENROLLED IN THE DISTRICT PURSUANT TO DIVISION (A)(1) OF SECTION 3313.981 of the Revised Code; minus the number of students reported under division (A)(2) of section 3317.03 of the Revised Code and; minus the FTE of students reported under division (B)(5), (6), (7), or (8) of that section who are enrolled in a vocational education class or receiving special education,; and minus one-fourth of the students enrolled concurrently in a joint vocational school district.

(B) If the district employs less than one full-time equivalent classroom teacher for each twenty-five pupils in the regular student population in any school district, deduct the sum of the amounts obtained from the following computations:

(1) Divide the number of the district's full-time equivalent classroom teachers employed by one twenty-fifth;

(2) Subtract the quotient in (1) from the district's regular student population;

(3) Multiply the difference in (2) by seven hundred fifty-two dollars.

(C) If a positive amount, add one-half of the amount obtained by multiplying the number of full-time equivalent classroom teachers by:

(1) The mean annual salary of all full-time equivalent classroom teachers employed by the district at their respective training and experience levels minus;

(2) The mean annual salary of all such teachers at their respective levels in all school districts receiving payments under this section.

The number of full-time equivalent classroom teachers used in this computation shall not exceed one twenty-fifth of the district's regular student population. In calculating the district's mean salary under this division, those full-time equivalent classroom teachers with the highest training level shall be counted first, those with the next highest training level second, and so on, in descending order. Within the respective training levels, teachers with the highest years of service shall be counted first, the next highest years of service second, and so on, in descending order.

(D) This division does not apply to a school district that has entered into an agreement under division (A) of section 3313.42 of the Revised Code. Deduct the amount obtained from the following computations if the district employs fewer than five full-time equivalent educational service personnel, including elementary school art, music, and physical education teachers, counselors, librarians, visiting teachers, school social workers, and school nurses for each one thousand pupils in the regular student population:

(1) Divide the number of full-time equivalent educational service personnel employed by the district by five one-thousandths;

(2) Subtract the quotient in (1) from the district's regular student population;

(3) Multiply the difference in (2) by ninety-four dollars.

(E) If a local school district, or a city or exempted village school district to which a governing board of an educational service center provides services pursuant to section 3313.843 of the Revised Code, deduct the amount of the payment required for the reimbursement of the governing board under section 3317.11 of the Revised Code.

(F)(1) If the district is required to pay to or entitled to receive tuition from another school district under division (C)(2) or (3) of section 3313.64 or section 3313.65 of the Revised Code, or if the superintendent of public instruction is required to determine the correct amount of tuition and make a deduction or credit under section 3317.08 of the Revised Code, deduct and credit such amounts as provided in division (I) of section 3313.64 or section 3317.08 of the Revised Code.

(2) For each child for whom the district is responsible for tuition or payment under division (A)(1) of section 3317.082 or section 3323.091 of the Revised Code, deduct the amount of tuition or payment for which the district is responsible.

(G) If the district has been certified by the superintendent of public instruction under section 3313.90 of the Revised Code as not in compliance with the requirements of that section, deduct an amount equal to ten per cent of the amount computed for the district under section 3317.022 of the Revised Code.

(H) If the district has received a loan from a commercial lending institution for which payments are made by the superintendent of public instruction pursuant to division (E)(3) of section 3313.483 of the Revised Code, deduct an amount equal to such payments.

(I)(1) If the district is a party to an agreement entered into under division (D), (E), or (F) of section 3311.06 or division (B) of section 3311.24 of the Revised Code and is obligated to make payments to another district under such an agreement, deduct an amount equal to such payments if the district school board notifies the department in writing that it wishes to have such payments deducted.

(2) If the district is entitled to receive payments from another district that has notified the department to deduct such payments under division (I)(1) of this section, add the amount of such payments.

(J) If the district is required to pay an amount of funds to a cooperative education district pursuant to a provision described by division (B)(4) of section 3311.52 or division (B)(8) of section 3311.521 of the Revised Code, deduct such amounts as provided under that provision and credit those amounts to the cooperative education district for payment to the district under division (B)(1) of section 3317.19 of the Revised Code.

(K)(1) IF A DISTRICT IS EDUCATING A STUDENT ENTITLED TO ATTEND SCHOOL IN ANOTHER DISTRICT PURSUANT TO A SHARED EDUCATION CONTRACT, COMPACT, OR COOPERATIVE EDUCATION AGREEMENT OTHER THAN AN AGREEMENT ENTERED INTO PURSUANT TO SECTION 3313.842 OF THE REVISED CODE, CREDIT TO THAT EDUCATING DISTRICT ON AN FTE BASIS BOTH OF THE FOLLOWING:

(a) AN AMOUNT EQUAL TO THE FORMULA AMOUNT TIMES THE COST OF DOING BUSINESS FACTOR OF THE SCHOOL DISTRICT WHERE THE STUDENT IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 3313.64 OR 3313.65 OF THE REVISED CODE;

(b) AN AMOUNT EQUAL TO THE FORMULA AMOUNT TIMES THE STATE SHARE PERCENTAGE TIMES ANY MULTIPLE APPLICABLE TO THE STUDENT PURSUANT TO SECTION 3317.013 OF THE REVISED CODE.

(2) DEDUCT ANY AMOUNT CREDITED PURSUANT TO DIVISION (K)(1) OF THIS SECTION FROM AMOUNTS PAID TO THE SCHOOL DISTRICT IN WHICH THE STUDENT IS ENTITLED TO ATTEND SCHOOL PURSUANT TO SECTION 3313.64 OR 3313.65 OF THE REVISED CODE.

(3) IF THE DISTRICT IS REQUIRED BY A SHARED EDUCATION CONTRACT, COMPACT, OR COOPERATIVE EDUCATION AGREEMENT TO MAKE PAYMENTS TO AN EDUCATIONAL SERVICE CENTER, DEDUCT THE AMOUNTS FROM PAYMENTS TO THE DISTRICT AND ADD THEM TO THE AMOUNTS PAID TO THE SERVICE CENTER PURSUANT TO SECTION 3317.11 of the Revised Code.

Sec. 3317.024. In addition to the moneys paid to eligible school districts pursuant to section 3317.022 of the Revised Code, moneys appropriated for the education programs in divisions (A) to (L), and (O) to (Q), AND (P) of this section shall be distributed to school districts meeting the requirements of section 3317.01 of the Revised Code; in the case of divisions (I) and (J) AND, IN FISCAL YEAR 1999 ONLY, DIVISION (P)(1) of this section, to educational service centers as provided in section 3317.11 of the Revised Code; in the case of division DIVISIONS (E), (M), AND (N) of this section, to county MR/DD boards; in the case of division (I) of this section, to joint vocational and cooperative education school districts; in the case of division (K) of this section, to cooperative education school districts; in the case of divisions (M) and (N) of this section, to countyMR/DDboards; and in the case of division (R)(Q) of this section, to the institutions defined under section 3317.082 of the Revised Code providing elementary or secondary education programs to children other than children receiving special education under section 3323.091 of the Revised Code. The following shall be distributed monthly, quarterly, or annually as may be determined by the state board of education:

(A)(1) An amount for related services equal to one-eighth of the district's total special education weight times the formula amount times the district's state share percentage.

(2) In any fiscal year, a school district receiving funds under this division shall spend on related services at least the lesser of:

(a) The amount the district spent on related services in the preceding fiscal year;

(b) The sum of the amount it receives under this division in state funds plus an amount equal to the local share of related services costs.

(3) As used in this division:

(a) "Local share of related services costs" equals the amount calculated under the following formula:

[(1 minus the district's state share) X 1/8 of the district's total special education weight X the formula amount]

(b) "Related services" means programs and services related to the provision of special education to handicapped students, and includes child study; special education supervisors and coordinators; speech and hearing services; adaptive physical development services; and occupational or physical therapy, as those terms are defined by the department of education A PER PUPIL AMOUNT TO EACH SCHOOL DISTRICT THAT ESTABLISHES A SUMMER SCHOOL REMEDIATION PROGRAM THAT COMPLIES WITH RULES OF THE STATE BOARD OF EDUCATION.

(B) An amount for each island school district and each joint state school district for the operation of each high school and each elementary school maintained within such district and for capital improvements for such schools. Such amounts shall be determined on the basis of standards adopted by the state board of education.

(C) An amount for each school district operating classes for children of migrant workers who are unable to be in attendance in an Ohio school during the entire regular school year. The amounts shall be determined on the basis of standards adopted by the state board of education, except that payment shall be made only for subjects regularly offered by the school district providing the classes.

(D) An amount for each school district with guidance, testing, and counseling programs approved by the state board of education. The amount shall be determined on the basis of standards adopted by the state board of education.

(E) An amount for the emergency purchase of school buses as provided for in section 3317.07 of the Revised Code;

(F) An amount for each school district required to pay tuition for a child in an institution maintained by the department of youth services pursuant to section 3317.082 of the Revised Code, provided the child was not included in the calculation of the district's average daily membership for the preceding school year.

(G) An amount to each school district for supplemental salary allowances for each licensed employee except those licensees serving as superintendents, assistant superintendents, principals, or assistant principals, whose term of service in any year is extended beyond the term of service of regular classroom teachers, as described in section 3301.0725 of the Revised Code;

(H) An amount for adult basic literacy education for each district participating in programs approved by the state board of education. The amount shall be determined on the basis of standards adopted by the state board of education.

(I) Notwithstanding section 3317.01 of the Revised Code, to each city, local, and exempted village school district, an amount pursuant to section 3301.17 of the Revised Code for conducting driver education courses at high schools for which the state board of education prescribes minimum standards and to joint vocational and cooperative education school districts and educational service centers, an amount pursuant to such section for conducting driver education courses to pupils enrolled in a high school for which the state board prescribes minimum standards;

(J) An amount for the approved cost of transporting developmentally handicapped pupils whom it is impossible or impractical to transport by regular school bus in the course of regular route transportation provided by the district or service center. No district or service center is eligible to receive a payment under this division for the cost of transporting any pupil whom it transports by regular school bus and who is included in the district's transportation ADM. The state board of education shall establish standards and guidelines for use by the department of education in determining the approved cost of such transportation for each district or service center.

(K) An amount to each school district, including each cooperative education school district, pursuant to section 3313.81 of the Revised Code to assist in providing free lunches to needy children and an amount to assist needy school districts in purchasing necessary equipment for food preparation. The amounts shall be determined on the basis of rules adopted by the state board of education.

(L) An amount to each school district, for each pupil attending a chartered nonpublic elementary or high school within the district. The amount shall equal the amount appropriated for the implementation of section 3317.06 of the Revised Code divided by the average daily membership in grades kindergarten through twelve in nonpublic elementary and high schools within the state as determined during the first full week in October of each school year.

(M) An amount for each county MR/DD board, distributed on the basis of standards adopted by the state board of education, for the approved cost of transportation required for children attending special education programs operated by the county MR/DD board under section 3323.09 of the Revised Code;

(N) An amount for each county MR/DD board, distributed on the basis of standards adopted by the state board of education, for supportive home services for preschool children;

(O) An amount for each school district that establishes a mentor teacher program that complies with rules of the state board of education. No school district shall be required to establish or maintain such a program in any year unless sufficient funds are appropriated to cover the district's total costs for the program.

(P) A per pupil amount to each school district that establishes a summer school remediation program that complies with rules of the state board of education;

(Q)(1) For fiscal year 1999 only, an amount to each school district or educational service center for the total number of gifted units approved pursuant to section 3317.05 of the Revised Code. The amount for each such unit shall be the sum of the minimum salary for the teacher of the unit, calculated on the basis of the teacher's training level and years of experience pursuant to section 3317.13 of the Revised Code, plus fifteen per cent of that minimum salary amount, plus two thousand six hundred seventy-eight dollars.

(2) Beginning with fiscal year 2000, an amount for each school district for programs for gifted students calculated under the following formula:

STATE SHARE PERCENTAGE X [.10 (THE GREATER OF formula ADM OR THREE-YEAR AVERAGE FORMULA ADM) multiplied by .10 (formula amount)]

No money shall be distributed to a school district under division (Q)(P)(2) of this section in any fiscal year unless the superintendent has on file by the first day of that year a district plan specifying the manner in which funds will be utilized to serve gifted students and the method for selecting students to participate in gifted programs and activities.

(3) Prior to October 1, 1998, the general assembly shall begin a review and revision of the funding formula for gifted education services. The analysis and any resulting calculations shall be based upon a rational methodology for calculating the cost of adequate gifted education services. The analysis shall use data generated by a study funded through the department of education.

(R)(Q) An amount to each institution defined under section 3317.082 of the Revised Code providing elementary or secondary education to children other than children receiving special education under section 3323.091 of the Revised Code. This amount for any institution in any fiscal year shall equal the total of all tuition amounts required to be paid to the institution under division (A)(1) of section 3317.082 of the Revised Code.

The state board of education or any other board of education or governing board may provide for any resident of a district or educational service center territory any educational service for which funds are made available to the board by the United States under the authority of public law, whether such funds come directly or indirectly from the United States or any agency or department thereof or through the state or any agency, department, or political subdivision thereof.

Sec. 3317.029. (A) As used in this section:

(1) "DPIA PERCENTAGE" MEANS THE QUOTIENT OBTAINED BY DIVIDING THE FIVE-YEAR AVERAGE NUMBER OF CHILDREN AGES FIVE TO SEVENTEEN RESIDING IN THE SCHOOL DISTRICT AND LIVING IN A FAMILY RECEIVING FAMILY ASSISTANCE, AS CERTIFIED OR ADJUSTED UNDER SECTION 3317.10 OF THE REVISED CODE, BY THE DISTRICT'S THREE-YEAR AVERAGE FORMULA ADM.

(2) "FAMILY ASSISTANCE" MEANS ASSISTANCE RECEIVED UNDER THE OHIO WORKS FIRST PROGRAM OR, FOR THE PURPOSE OF DETERMINING THE FIVE-YEAR AVERAGE NUMBER OF RECIPIENTS OF FAMILY ASSISTANCE IN FISCAL YEARS 1999 THROUGH 2002, ASSISTANCE RECEIVED UNDER AN ANTECEDENT PROGRAM KNOWN AS TANF OR ADC.

(3) "Statewide DPIA percentage" means the five-year average of the total number of children ages five to seventeen years residing in the state and receiving family assistance, divided by the average of the sum of the THREE-YEAR AVERAGE formula ADMs reported for all school districts in the state for the current and preceding two fiscal years, provided that in fiscal years 1999 and 2000, the department shall calculate this three-year average utilizing district ADMs reported pursuant to the version of division (A) of section 3317.03 of the Revised Code in effect in fiscal years 1997 and 1998;.

(2)(4) "DPIA index" means the quotient obtained by dividing the school district's DPIA percentage by the statewide DPIA percentage;.

(3)(5) "Kindergarten ADM" means the number of students reported under section 3317.03 of the Revised Code as enrolled in kindergarten;.

(4)(6) "Kindergarten through third grade ADM" means the sum obtained by multiplying AMOUNT CALCULATED AS FOLLOWS:

(a) MULTIPLY the kindergarten ADM by two, adding THE SUM OF ONE PLUS THE ALL-DAY KINDERGARTEN PERCENTAGE;

(b) ADD THE KINDERGARTEN ADM TO THE PRODUCT CALCULATED UNDER DIVISION (A)(6)(a) OF THIS SECTION;

(c) ADD TO THE SUM CALCULATED UNDER DIVISION (A)(6)(b) OF THIS SECTION the number of students in grades one through three, and subtracting;

(d) SUBTRACT FROM THE SUM CALCULATED UNDER DIVISION (A)(6)(c) OF THIS SECTION the number of special education students in grades one KINDERGARTEN through three;.

(5)(7) "Statewide average teacher salary" means thirty-nine thousand ninety-two dollars, which includes an amount for the value of fringe benefits;.

(6) "Statewide formulaADM" means the sum total of the formulaADMfor all school districts in the state;

(7)(8) "ALL-DAY KINDERGARTEN" MEANS A KINDERGARTEN CLASS THAT IS IN SESSION FIVE DAYS PER WEEK FOR NOT LESS THAN THE SAME NUMBER OF CLOCK HOURS EACH DAY AS FOR PUPILS IN GRADES ONE THROUGH SIX.

(9) "All-day kindergarten percentage" means the percentage of a district's actual total number of students enrolled in kindergarten who are ENROLLED in classes that are in session five days per week for not less than the same number of clock hours each day as for pupils in grades one through six; ALL-DAY KINDERGARTEN.

(8)(10) "Buildings with the highest concentration of need" means the school buildings in a district with percentages of students receiving family assistance in grades kindergarten through three at least as high as the district-wide percentage of students receiving family assistance. IF, HOWEVER, THE INFORMATION PROVIDED BY THE DEPARTMENT OF HUMAN SERVICES UNDER SECTION 3317.10 OF THE REVISED CODE IS INSUFFICIENT TO DETERMINE THE FAMILY ASSISTANCE PERCENTAGE IN EACH BUILDING, "BUILDINGS WITH THE HIGHEST CONCENTRATION OF NEED" HAS THE MEANING GIVEN IN RULES THAT THE DEPARTMENT OF EDUCATION SHALL ADOPT. THE RULES SHALL BASE THE DEFINITION OF "BUILDINGS WITH THE HIGHEST CONCENTRATION OF NEED" ON FAMILY INCOME OF STUDENTS IN GRADES KINDERGARTEN THROUGH THREE IN A MANNER THAT, TO THE EXTENT POSSIBLE WITH AVAILABLE DATA, APPROXIMATES THE INTENT OF THIS DIVISION AND DIVISION (G) OF THIS SECTION TO DESIGNATE BUILDINGS WHERE THE FAMILY ASSISTANCE PERCENTAGE IN THOSE GRADES EQUALS OR EXCEEDS THE DISTRICT-WIDE FAMILY ASSISTANCE PERCENTAGE.

(B) In addition to the amounts required to be paid to a school district under section 3317.022 of the Revised Code, a school district shall receive the greater of the amount the district received in fiscal year 1998 pursuant to division (B) of section 3317.023 of the Revised Code as it existed at that time or the amount of the sum of the following computations made under divisions (C) to (E) of this section.

(C) A supplemental payment that may be utilized for measures related to safety and security and for remediation or similar programs, calculated as follows:

(1) If the DPIA index of the school district is greater than or equal to thirty-five-hundredths, but less than one, an amount obtained by multiplying the five-year average number of pupils in a district receiving family assistance by two hundred thirty dollars;

(2) If the DPIA index of the school district is greater than or equal to one, an amount obtained by multiplying the DPIA index by two hundred thirty dollars and multiplying that product by the five-year average number of pupils in a district receiving family assistance.

(D) A payment for all-day kindergarten if the DPIA index of the school district is greater than or equal to one or if the district's three-year average formula ADM exceeded seventeen thousand five hundred, calculated by multiplying the all-day kindergarten percentage by the kindergarten ADM and multiplying that product by the formula amount.

(E) A class-size reduction payment based on calculating the number of new teachers necessary to achieve a lower student-teacher ratio, as follows:

(1) Determine or calculate a formula number of teachers per one thousand students based on the DPIA index of the school district as follows:

(a) If the DPIA index of the school district is less than six-tenths, the formula number of teachers is 43.478, which is the number of teachers per one thousand students at a student-teacher ratio of twenty-three to one;

(b) If the DPIA index of the school district is greater than or equal to six-tenths, but less than two and one-half, the formula number of teachers is calculated as follows:

43.478 + [(DPIA index-0.6)/1.9] X 23.188

Where 43.478 is the number of teachers per one thousand students at a student-teacher ratio of twenty-three to one; 1.9 is the interval from a DPIA index of six-tenths to a DPIA index of two and one-half; and 23.188 is the difference in the number of teachers per one thousand students at a student-teacher ratio of fifteen to one and the number of teachers per one thousand students at a student-teacher ratio of twenty-three to one.

(c) If the DPIA index of the school district is greater than or equal to two and one-half, the formula number of teachers is 66.667, which is the number of teachers per one thousand students at a student-teacher ratio of fifteen to one.

(2) Multiply the formula number of teachers determined or calculated in division (E)(1) of this section by the kindergarten through third grade ADM for the district and divide that product by one thousand;

(3) Calculate the number of new teachers as follows:

(a) Multiply the kindergarten through third grade ADM by 43.478, which is the number of teachers per one thousand students at a student-teacher ratio of twenty-three to one, and divide that product by one thousand;

(b) Subtract the quotient obtained in division (E)(3)(a) of this section from the product in division (E)(2) of this section.

(4) Multiply the greater of the difference obtained under division (E)(3) of this section or zero by the statewide average teachers salary.

(F) This division applies only to school districts whose DPIA index is one or greater.

(1) Each school district subject to this division shall first utilize funds received under this section SO THAT, WHEN COMBINED WITH OTHER FUNDS OF THE DISTRICT, SUFFICIENT FUNDS EXIST to provide all-day kindergarten to at least the number of children in the district's all-day kindergarten percentage.

(2) Up to an amount equal to the district's DPIA index multiplied by the five-year average number of pupils in a district receiving family assistance multiplied by two hundred thirty dollars of the money distributed under this section may be utilized for one or both of the following:

(a) Programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;

(b) Remediation for students who have failed or are in danger of failing any of the proficiency tests administered pursuant to section 3301.0710 of the Revised Code.

(3) Except as otherwise required by division (G) of this section, all other funds distributed UNDER THIS SECTION to districts subject to this division under this section shall be utilized for the purpose of the third grade guarantee. The third grade guarantee consists of increasing the amount of instructional attention received per pupil in kindergarten through third grade, either by reducing the ratio of students to instructional personnel or by increasing the amount of instruction and curriculum-related activities by extending the length of the school day or the school year.

School districts may implement a reduction of the ratio of students to instructional personnel through any or all of the following methods:

(a) Reducing the number of students in a classroom taught by a single teacher;

(b) Employing full-time educational aides or educational paraprofessionals issued a permit or license under section 3319.088 of the Revised Code;

(c) Instituting a team-teaching method that will result in a lower student-teacher ratio in a classroom.

Districts may extend the school day either by increasing the amount of time allocated for each class, increasing the number of classes provided per day, offering optional academic-related after-school programs, providing curriculum-related extra curricular activities, or establishing tutoring or remedial services for students who have demonstrated an educational need. In accordance with section 3319.089 of the Revised Code, a district extending the school day pursuant to this division may utilize a participant of the work experience program who has a child enrolled in a public school in that district and who is fulfilling the work requirements of that program by volunteering or working in that public school. If the work experience program participant is compensated, the school district may use the funds distributed under this section for all or part of the compensation.

Districts may extend the school year either through adding regular days of instruction to the school calendar or by providing summer programs.

(G) Each district subject to division (F) of this section shall not expend any funds received under division (E) of this section in any school buildings that are not buildings with the highest concentration of need, unless there is a ratio of instructional personnel to students of no more than fifteen to one in each kindergarten and first grade class in all buildings with the highest concentration of need. THIS DIVISION DOES NOT REQUIRE THAT THE FUNDS USED IN BUILDINGS WITH THE HIGHEST CONCENTRATION OF NEED BE SPENT SOLELY TO REDUCE THE RATIO OF INSTRUCTIONAL PERSONNEL TO STUDENTS IN KINDERGARTEN AND FIRST GRADE. A SCHOOL DISTRICT MAY SPEND THE FUNDS IN THOSE BUILDINGS IN ANY MANNER PERMITTED BY DIVISION (F)(3) OF THIS SECTION, BUT MAY NOT SPEND THE MONEY IN OTHER BUILDINGS UNLESS THE FIFTEEN-TO-ONE RATIO REQUIRED BY THIS DIVISION IS ATTAINED.

(H)(1) By the first day of August of each fiscal year, each school district wishing to receive any funds under division (D) of this section shall certify SUBMIT to the department of education AN ESTIMATE OF its all-day kindergarten percentage. EACH DISTRICT SHALL UPDATE ITS ESTIMATE THROUGHOUT THE FISCAL YEAR IN THE FORM AND MANNER REQUIRED BY THE DEPARTMENT, AND THE DEPARTMENT SHALL ADJUST PAYMENTS UNDER THIS SECTION TO REFLECT THE UPDATES.

(2) Annually by the end of December, the department of education, utilizing data from the information system established under section 3301.0714 of the Revised Code and after consultation with the legislative office of education oversight, shall determine for each school district subject to division (F) of this section whether in the preceding fiscal year the district's ratio of instructional personnel to students; and its number of kindergarten students receiving all-day kindergarten appear reasonable, given the amounts of money the district received for that fiscal year pursuant to divisions (D) and (E) of this section. If the department is unable to verify from the data available that students are receiving reasonable amounts of instructional attention and all-day kindergarten, given the funds the district has received under this section and that class-size reduction funds are being used in school buildings with the highest concentration of need as required by division (G) of this section, the department shall conduct a more intensive investigation to ensure that funds have been expended as required by this section. The department shall file an annual report of its findings under this division with the chairpersons of the committees in each house of the general assembly dealing with finance and education.

(I) Any school district with a DPIA index less than one AND A THREE-YEAR AVERAGE FORMULA ADM EXCEEDING SEVENTEEN THOUSAND FIVE HUNDRED SHALL FIRST UTILIZE FUNDS RECEIVED UNDER THIS SECTION SO THAT, WHEN COMBINED WITH OTHER FUNDS OF THE DISTRICT, SUFFICIENT FUNDS EXIST TO PROVIDE ALL-DAY KINDERGARTEN TO AT LEAST THE NUMBER OF CHILDREN IN THE DISTRICT'S ALL-DAY KINDERGARTEN PERCENTAGE. SUCH A DISTRICT SHALL EXPEND AT LEAST SEVENTY PER CENT OF THE REMAINING FUNDS RECEIVED UNDER THIS SECTION, AND ANY OTHER DISTRICT WITH A DPIA INDEX LESS THAN ONE shall expend at least seventy per cent of the ALL funds received under this section, for any of the following purposes:

(1) The purchase of technology for instructional purposes;

(2) All-day kindergarten;

(3) Reduction of class sizes;

(4) Summer school remediation;

(5) Dropout prevention programs;

(6) Guaranteeing that all third graders are ready to progress to more advanced work;

(7) Summer education and work programs;

(8) Adolescent pregnancy programs;

(9) Head start or preschool programs;

(10) Reading improvement programs described by the department of education;

(11) Programs designed to ensure that schools are free of drugs and violence and have a disciplined environment conducive to learning;

(12) Furnishing, free of charge, materials used in courses of instruction, except for the necessary textbooks required to be furnished without charge pursuant to section 3329.06 of the Revised Code, to pupils living in families participating in Ohio works first in accordance with section 3313.642 of the Revised Code;

(13) School breakfasts provided pursuant to section 3313.813 of the Revised Code.

Each district shall submit to the department, in such format and at such time as the department shall specify, a report on the programs for which it expended funds under this division.

(J) If at any time the superintendent of public instruction determines that a school district has used the RECEIVING funds received under division (D) of this section for any purpose other than to provide all-day kindergarten as required under this section, or if the superintendent determines that a school district has enrolled less than the all-day kindergarten percentage reported for that fiscal year, the superintendent shall withhold from the funds otherwise due a THE district under this section the amount of the funds spent in violation of this section or a proportional amount of the funds as determined by the difference in the certified all-day kindergarten percentage and the percentage actually enrolled in all-day kindergarten.

The superintendent shall also withhold an appropriate amount of funds otherwise due a district for any other misuse of funds not in accordance with this section.

Sec. 3317.0212. Divisions (B) and (C) of this section do not apply to a school district with a formula ADM of one humdred HUNDRED fifty or less.

(A) As used in this section:

(1) "Fundamental FY 1997 STATE AID" OR "FUNDAMENTAL FY 1998 state aid" for a district means the total amount of state money received by the district under sections 3317.022 and 3317.023 of the Revised Code before any deductions required by division (G), (J), (K), or (L) of section 3317.023 of the Revised Code, plus any amounts for which the district was eligible pursuant to divisions (M), (N), and (O) of section 3317.024 and sections 3317.0212 and 3317.0213 of the Revised Code, as those divisions and sections existed in fiscal year 1998, plus the district's share of state funds for service center units IN THE APPLICABLE FISCAL YEAR AS REPORTED ON THE DEPARTMENT OF EDUCATION'S FORM "SF-12," ADJUSTED AS FOLLOWS:

(a) MINUS THE AMOUNT FOR TRANSPORTATION;

(b) MINUS ANY AMOUNTS FOR APPROVED PRESCHOOL HANDICAPPED UNITS;

(c) MINUS ANY ADDITIONAL AMOUNT ATTRIBUTABLE TO THE REAPPRAISAL GUARANTEE OF DIVISION (C) OF SECTION 3317.04 OF THE REVISED CODE;

(d) PLUS THE AMOUNT DEDUCTED FOR PAYMENTS TO AN EDUCATIONAL SERVICE CENTER;

(e) PLUS AN ESTIMATED PORTION OF THE STATE MONEY DISTRIBUTED IN THE APPLICABLE FISCAL YEAR TO OTHER SCHOOL DISTRICTS OR EDUCATIONAL SERVICE CENTERS FOR APPROVED UNITS, OTHER THAN PRESCHOOL HANDICAPPED OR GIFTED EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT;

(f) MINUS AN ESTIMATED PORTION OF THE STATE MONEY DISTRIBUTED TO THE SCHOOL DISTRICT IN THE APPLICABLE FISCAL YEAR FOR APPROVED UNITS, OTHER THAN PRESCHOOL HANDICAPPED UNITS OR GIFTED EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN ANOTHER SCHOOL DISTRICT;

(g) PLUS ANY ADDITIONAL AMOUNT PAID IN THE APPLICABLE FISCAL YEAR PURSUANT TO THE VOCATIONAL EDUCATION RECOMPUTATION REQUIRED BY SECTION 45.12 OF AM. SUB. H.B. NO. 117 OF THE121st GENERAL ASSEMBLY OR FORMER SECTION 50.22 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL ASSEMBLY;

(h) PLUS ANY ADDITIONAL AMOUNT PAID IN THE APPLICABLE FISCAL YEAR PURSUANT TO THE SPECIAL EDUCATION RECOMPUTATION REQUIRED BY FORMER DIVISION (I) OF SECTION 3317.023 OF THE REVISED CODE;

(i) PLUS ANY AMOUNT PAID FOR EQUITY AID IN THE APPLICABLE FISCAL YEAR UNDER SECTION 3317.0213 OF THE REVISED CODE.

(2) "Enhanced FY 1998 state aid" for a district means its fundamental FY 1998 state aid plus any amounts for which the district was eligible pursuant to division (K) of section 3317.024 of the Revised Code, as that division existed in fiscal year 1998.

(3) "State basic aid" for a district in any fiscal year after FISCAL YEAR 1998 means the SUM OF THE FOLLOWING:

(a) THE amount computed for the district for basic formula aid and special education aid FUNDING under divisions (A) and (C)(1) of section 3317.022 AND SECTIONS 3317.025 TO 3317.028 of the Revised Code and DPIA aid under section 3317.029 of the Revised Code in the current fiscal year but after BEFORE any deduction OR CREDIT required by division (B), (D), (E), (F), (G), (H), (I), (J), OR (K) of section 3317.023 OR DIVISION (J) OF SECTION 3317.029 of the Revised Code, plus any;

(b) ANY amounts for which the district is eligible pursuant to DIVISION (C) OF SECTION 3317.023, divisions (G) and (Q)(P) of section 3317.024, AND DIVISION (B) OF SECTION 3317.162 of the Revised Code, plus any amounts;

(c) ANY EQUITY AID for which the district is eligible under section 3317.0213 of the Revised Code.

(4) "FY1998ADM" for a district means the district's average daily membership as described by division (A) of section 3317.02 of the Revised Code, for fiscal year 1998, plus the district's average daily membership based upon full-time equivalency in approved vocational units as certified by the district in fiscal year 1998 under division (A)(2) of section 3317.03 of the Revised Code and the district's average daily membership of all handicapped children, except for preschool handicapped children, in classes in the district as certified in fiscal year 1998 under division (A)(3) of section 3317.03 of the Revised Code, as those divisions and sections existed in fiscal year 1998.

(5) "District's share of state funds for service center units" means an estimated portion of the state money distributed to educational service centers for approved units in fiscal year 1998 attributable to the costs of providing services in such units to students, other than preschool handicapped students, residing in the district.

(6) "FundamentalFY1997 state aid" for a district means the total amount of state money received by the district under sections 3317.022 and 3317.023 of the Revised Code before any deductions required by division (G), (J), (K), or (L) of section 3317.023 of the Revised Code, plus any amounts for which the district was eligible pursuant to divisions (M), (N), and (O) of section 3317.024 and sections 3317.0212 and 3317.0213 of the Revised Code, as those divisions and sections existed in fiscal year 1997, plus the district's share of state funds for service center units.

(B) UPON REQUEST OF THE DEPARTMENT OF EDUCATION, THE TREASURER OF ANY SCHOOL DISTRICT OR EDUCATIONAL SERVICE CENTER SHALL FURNISH DATA NEEDED TO CALCULATE THE AMOUNTS SPECIFIED IN DIVISIONS (A)(1)(e) AND (f) OF THIS SECTION. The department of education shall compute the state basic aid guarantee for each school district for the fiscal year as follows:

(1) Subtract the amount of state basic aid from the amount of fundamental FY 1998 state aid. If a negative number, this computation shall be deemed to be zero;.

(2) Compute the following amounts:

(a) Formula ADM X (state basic aid/formula ADM);

(b) Formula THE GREATER OF FORMULA ADM OR THREE-YEAR AVERAGE FORMULA ADM X (fundamental FY 1998 state aid/FY 1998 ADM).

(3) If the amount computed under division (B)(2)(b) of this section is greater than the amount computed under division (B)(2)(a) of this section, determine the amount by which it is greater. If the amount computed under division (B)(2)(b) of this section is not greater than the amount computed under division (B)(2)(a) of this section, this computation shall be deemed to be zero.

(4) Except as provided in division (C) of this section, the department shall determine for each district the lesser of the amounts computed in divisions (B)(1) and (2)(3) of this section and, if greater than zero, pay the district that amount.

(C)(1) In fiscal year 1999, if a district's amount under division (B)(4) of this section is zero, the department shall determine CALCULATE for each such district the following:

(2) Add to SUM OF the district's state basic aid for fiscal year 1999 the sum of PLUS the transportation portion of state aid computed under division (D) of section 3317.022 of the Revised Code for the district for fiscal year 1999;

(3). If a district's enhanced FY 1998 state aid is greater than the district's amount calculated in division (C)(2) of this section THAT SUM, then the department shall pay the district IN FISCAL YEAR 1999 one hundred per cent of the difference OR THE AMOUNT REQUIRED BY DIVISION (B)(4) OF THIS SECTION, WHICHEVER IS GREATER.

(D)(1) The state basic aid guarantee in any fiscal year for a school district with a formula ADM of one hundred fifty or less shall be the greatest of the following amounts:

(a) The district's state basic aid for the fiscal year;

(b) The district's fundamental FY 1998 state aid;

(c) The district's fundamental FY 1997 state aid;

(2) If in any fiscal year the state basic aid for a school district with a formula ADM of one hundred fifty or less is less than the guarantee amount determined for the district under division (D)(1) of this section, the department of education shall pay the district the amount of the difference.

Sec. 3317.0213. No money shall be distributed under this section after fiscal year 2001.

(A) As used in this section:

(1) "ADM" for any school district means:

(a) In fiscal year 1999, the average daily membership reported in fiscal year 1998 under division (A) of section 3317.03 of the Revised Code as that section existed in fiscal year 1998, less one-half of the kindergarten students, less three-quarters of the students enrolled in a joint vocational school district, and less any students enrolled in preschool handicapped units approved under division (E) of section 3317.05 of the Revised Code, as that section existed in fiscal year FY 1998 ADM;

(b) In fiscal years 2000 and 2001, the formula ADM reported for the previous fiscal year.

(2) "Average taxable value" means the average of the amounts certified for a district in the second, third, and fourth preceding fiscal years under divisions (A)(1) and (2) of section 3317.021 of the Revised Code.

(3)(a) "Valuation per pupil" for a district in MEANS:

(a) IN fiscal year 1999 means, the district's average taxable value, divided by the district's average daily membership for fiscal year 1998, as described in division (A)(1)(a) of this section. FY 1998 ADM;

(b) "Valuation per pupil" for a district in IN a fiscal year that occurs after fiscal year 1999 means, the district's average taxable value, divided by the district's formula ADM for the preceding fiscal year.

(4) "Threshold valuation" means:

(a) In fiscal year 1999, the adjusted valuation per pupil of the school district with the two hundred twenty-ninth lowest adjusted valuation per pupil in the state, according to data available at the time of the computation under division (B) of this section;

(b) In fiscal year 2000, the adjusted valuation per pupil of the district with the one hundred sixty-third lowest such valuation in the state;

(c) In fiscal year 2001, the adjusted valuation per pupil of the district with the one hundred eighteenth lowest such valuation in the state.

(5) "Adjusted valuation per pupil" for a district means an amount calculated in accordance with the following formula:

The district's valuation per pupil - ($30,000 X (one minus the district's income factor))

(6) "Millage rate" means .012 in fiscal year 1999, .011 in fiscal year 2000, and .010 in fiscal year 2001.

(B) Beginning in fiscal year 1993, during August of each fiscal year, the department of education shall distribute to each school district meeting the requirements of section 3317.01 of the Revised Code whose adjusted valuation per pupil is less than the threshold valuation, an amount calculated in accordance with the following formula:

(The threshold valuation - the district's adjusted valuation per pupil) X millage rate X ADM

Sec. 3317.0214. As used in this section, "average taxable value" has the same meaning as in division (A)(2) of section 3317.0213 of the Revised Code.

Beginning in fiscal year 1993, during each August, the department of education ANNUALLY shall distribute to each school district with a formula ADM less than one thousand and an average taxable value equal to or less than eighty-five thousand dollars per pupil in formula ADM, an amount equal to fifty dollars multiplied by any amount by which one thousand exceeds the district's formula ADM.

Sec. 3317.0215. (A) As used in this section, "total:

(1) "TOTAL effective operating tax rate" has MEANS the same meaning as in AMOUNT CERTIFIED UNDER DIVISION (A)(5) OF section 3317.021 of the Revised Code, and "equalized.

(2) "EQUALIZED tax rate" of a school district means the amount by which a district's total effective operating tax rate exceeds two and three-tenths per cent.

(3) "STATE TAXABLE VALUE PER PUPIL" MEANS THE QUOTIENT OBTAINED BY DIVIDING THE TOTAL TAXABLE VALUE OF ALL CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS IN THE STATE BY THE SUM OF THE FORMULA ADMs OF ALL CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS IN THE STATE.

(4) "DISTRICT'S TAXABLE VALUE PER PUPIL" MEANS THE QUOTIENT OBTAINED BY DIVIDING THE TOTAL TAXABLE VALUE OF THE SCHOOL DISTRICT BY ITS FORMULA ADM.

(B) Upon receiving the certifications under division (A) of section 3317.021 of the Revised Code, the department of education shall determine the equalized tax rate for each city, local, and exempted village school district. If the total effective operating tax rate of a district is greater than two and three-tenths per cent, the district shall receive a payment computed by multiplying the lesser of two-tenths of one per cent or the equalized tax rate by the amount by which the state taxable value per pupil exceeds the district's total taxable value per pupil TIMES THE DISTRICT'S FORMULA ADM.

Sec. 3317.0216. (A) As used in this section:

(1) "Total taxes charged and payable for current expenses" means the sum of the taxes charged and payable as certified under division (A)(3) of section 3317.021 of the Revised Code, and the tax liability for the preceding year under any school district income tax levied by the district pursuant to Chapter 5748. of the Revised Code to the extent the revenue from the income tax is allocated or apportioned to current expenses.

(2) "State equalization enhancement payments" means any payment made to a school district pursuant to section 3317.0215 of the Revised Code for the preceding fiscal year.

(3) "Charge-off amount" means the product obtained by multiplying two and three-tenths per cent by adjusted total taxable value.

(4) "Local share percentage" means a percentage equal to one minus the state share percentage.

(5) "Total receipts available for current expenses" of a school district means the sum of total taxes charged and payable for current expenses and the district's state equalization enhancement payments.

(6)(5) "Local share of special education expenses" means the district's local share percentage X the formula amount for the year for which the aid is calculated X the district's total special education weight.

(7) "State share percentage" and "total special education weight" have the same meanings AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS" HAS THE SAME MEANING as in DIVISION (C)(3) OF section 3317.022 of the Revised Code.

(B) Upon receiving the certifications under section 3317.021 of the Revised Code, the department of education shall determine for each city, local, and exempted village school district whether the district's charge-off amount is greater than the district's total receipts available for current expenses, and if it is, shall pay the district the amount of the difference. A payment shall not be made to any school district for which the computation under division (A) of section 3317.022 of the Revised Code equals zero.

(C)(1) If a district's charge-off amount is equal to or greater than its total receipts available for current expenses, the department shall, in addition to the payment required under division (B) of this section, pay the district the amount of the local share of special education expenses.

(2) If a district's charge-off amount is less than its total receipts available for current expenses, the department shall pay the district the difference between the ANY AMOUNT BY WHICH ITS local share of special education expenses and the amount by which the district's AND RELATED SERVICES ADDITIONAL WEIGHTED COSTS EXCEEDS ITS total receipts available for current expenses exceeds MINUS its charge-off amount.

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and (C) of this section, any student enrolled in kindergarten more than half time shall be reported as one-half student under this section.

(A) The superintendent of each city and exempted village school district and of each educational service center shall, for the schools under the superintendent's supervision, certify to the state board of education on or before the fifteenth day of October in each year for the first full school week in October the formula ADM, which shall consist of the average daily membership during such week of the sum of the following:

(1) On an FTE basis, the number of students in grades kindergarten through twelve receiving any educational services from the district, except that the following categories of students shall not be included in the determination:

(a) Students enrolled in adult education classes;

(b) Adjacent or other district students enrolled in the district under an open enrollment policy pursuant to section 3313.98 of the Revised Code;

(c) STUDENTS RECEIVING SERVICES IN THE DISTRICT PURSUANT TO A COMPACT, COOPERATIVE EDUCATION AGREEMENT, OR A CONTRACT, BUT WHO ARE ENTITLED TO ATTEND SCHOOL IN ANOTHER DISTRICT PURSUANT TO SECTION 3313.64 OR 3313.65 of the Revised Code;

(d) Students for whom tuition is payable pursuant to sections 3317.081 and 3323.141 of the Revised Code.

(2) On an FTE basis, the number of students entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code, but receiving educational services in grades kindergarten through twelve from one or more of the following entities:

(a) A community school pursuant to Chapter 3314. of the Revised Code or Section 50.52 of Amended Substitute House Bill No. 215 of the 122nd general assembly;

(b) An alternative school pursuant to sections 3313.974 to 3313.979 of the Revised Code as described in division (I)(2)(a) or (b) of this section;

(c) A college pursuant to Chapter 3365. of the Revised Code;

(d) An adjacent or other school district under an open enrollment policy adopted pursuant to section 3313.98 of the Revised Code;

(e) An educational service center or cooperative education district;

(f) Another school district under a cooperative education agreement, COMPACT, OR CONTRACT.

(3) One-fourth of the number of students enrolled both in a joint vocational school district and in the district, but who are not receiving regular education services in the school district.

(B) To enable the department of education to obtain the data needed to complete the calculation of payments pursuant to this chapter, in addition to the formula ADM, each superintendent shall report separately the following student counts:

(1) The total average daily membership in regular day classes included in the report under division (A)(1) or (2) of this section for kindergarten, and each of grades one through twelve in schools under the superintendent's supervision;

(2) The average daily membership of all handicapped preschool children included in a unit approved for the district under section 3317.05 of the Revised Code, in accordance with rules adopted under that section;

(3) The number of children entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code who are participating in a pilot project scholarship program established under sections 3313.974 to 3313.979 of the Revised Code as described in division (I)(2)(a) or (b) of this section, are enrolled in a college under Chapter 3365. of the Revised Code, are enrolled in an adjacent or other school district under section 3313.98 of the Revised Code, are enrolled in a community school established under Chapter 3314. of the Revised Code or Section 50.52 of Amended Substitute House Bill No. 215 of the 122nd general assembly, or are participating in a program operated by a county MR/DD board or a state institution;

(4) The number of pupils enrolled both in schools under the superintendent's supervision and in joint vocational schools, but who are not in regular day classes in the school district;

(5) The average daily membership of handicapped children reported under division (A)(1) or (2) of this section receiving category one special education services, described in division (A) of section 3317.013 of the Revised Code;

(6) The average daily membership of handicapped children reported under division (A)(1) or (2) of this section receiving category two special education services, described in division (B) of section 3317.013 of the Revised Code;

(7) The average daily membership of handicapped children reported under division (A)(1) or (2) of this section identified as having any of the handicaps specified in division (F)(3) of section 3317.02 of the Revised Code;

(8) The average daily membership of pupils reported under division (A)(1) or (2) of this section enrolled in vocational education programs or classes operated by the school district or by another district other than a joint vocational school district or by an educational service center;

(9) The average number of children transported by the school district ON BOARD-OWNED OR CONTRACTOR-OWNED AND OPERATED BUSES, reported in accordance with rules adopted by the department of education.

(C) Except as otherwise provided in this section for kindergarten students, the average daily membership in divisions (B)(1) to (8) of this section shall be based upon the number of full-time equivalent students. The state board of education shall adopt rules defining full-time equivalent students and for determining the average daily membership therefrom for the purposes of divisions (A) and (B) of this section. No child shall be counted as more than a total of one child in the sum of the average daily memberships of a school district under division (A) or under divisions (B)(1) to (8) of this section. Based on the information reported under this section, the department of education shall determine the total student count, as defined in section 3301.011 of the Revised Code, for each school district.

(D) The superintendent of each joint vocational and cooperative education school district shall certify to the superintendent of public instruction, in a manner prescribed by the state board of education, the applicable average daily memberships for all students in the joint vocational or cooperative education school district, also indicating the city, local, or exempted village school district of residence for each pupil.

(E) In each school of each city, local, exempted village, joint vocational, and cooperative education school district there shall be maintained a record of school membership, which record shall accurately show, for each day the school is in session, the actual membership enrolled in regular day classes. For the purpose of determining average daily membership, the membership figure of any school shall not include any pupils except those pupils described by division (A) of this section. The record of membership for each school shall be maintained in such manner that no pupil shall be counted as in membership prior to the actual date of entry in the school and also in such manner that where for any cause a pupil permanently withdraws from the school that pupil shall not be counted as in membership from and after the date of such withdrawal. There shall not be included in the membership of any school any of the following:

(1) Any pupil who has graduated from the twelfth grade of a public high school;

(2) Any pupil who is not a resident of the state;

(3) Any pupil who was enrolled in the schools of the district during the previous school year when tests were administered under section 3301.0711 of the Revised Code but did not take one or more of the tests required by that section and was not excused pursuant to division (C)(1) of that section;

(4) Any pupil who has attained the age of twenty-two years, except for the following:

(a) Persons suffering from tuberculosis and receiving treatment in any approved state, county, district, or municipal tuberculosis hospital who have not graduated from the twelfth grade of a public high school;

(b) Veterans of the armed services whose attendance was interrupted before completing the recognized twelve-year course of the public schools by reason of induction or enlistment in the armed forces and who apply for reenrollment in the public school system of their residence not later than four years after termination of war or their honorable discharge.

If, however, any veteran described by division (E)(4)(b) of this section elects to enroll in special courses organized for veterans for whom tuition is paid under the provisions of federal laws, or otherwise, that veteran shall not be included in average daily membership.

Notwithstanding division (E)(3) of this section, the membership of any school may include a pupil who did not take a test required by section 3301.0711 of the Revised Code if the superintendent of public instruction grants a waiver from the requirement to take the test to the specific pupil. The superintendent may grant such a waiver only for good cause in accordance with rules adopted by the state board of education.

The average daily membership figure of any local, city, or exempted village school district shall be determined by dividing the figure representing the sum of the number of pupils enrolled during each day the school of attendance is actually open for instruction during the first full school week in October by the total number of days the school was actually open for instruction during that week. For purposes of state funding, "enrolled" persons are only those pupils who are attending school, those who have attended school during the current school year and are absent for authorized reasons, and those handicapped children currently receiving home instruction.

The average daily membership figure of any joint vocational or cooperative education school district shall be determined in accordance with rules adopted by the state board of education.

(F)(1) If the formula ADM for the first full school week in February is at least three per cent greater than that certified for the first full school week in the preceding October, the superintendent of schools of any city or exempted village school district or educational service center shall certify such increase to the superintendent of public instruction. Such certification shall be submitted no later than the fifteenth day of February. For the balance of the fiscal year, beginning with the February payments, the superintendent of public instruction shall use the increased formula ADM in calculating or recalculating the amounts to be allocated in accordance with section 3317.022 of the Revised Code. In no event shall the superintendent use an increased membership certified to the superintendent after the fifteenth day of February.

(2) If during the first full school week in February the total number of units for preschool handicapped PRESCHOOL children that are eligible for approval under division (B) of section 3317.05 of the Revised Code exceeds the number of such units that have been approved for the year under such division, the superintendent of schools of any city, exempted village, or cooperative education school district or educational service center shall make the certifications required by this section for such week. If the state board of education determines additional units can be approved for the fiscal year within any limitations set forth in the acts appropriating moneys for the funding of such units, the board shall approve additional units for the fiscal year on the basis of such average daily membership. For each unit so approved, the department of education shall pay an amount computed in the manner prescribed in section 3317.161 or 3317.19 AND SECTION 3317.162 of the Revised Code.

(3) If during the first full school week in February the total number of special education units that are eligible for approval under division (D)(1) of section 3317.05 of the Revised Code for a joint vocational school district exceeds the number of those units that have been approved for the year under that division, the superintendent of the district shall make the certifications required by this section for that week. If the state board of education determines additional units can be approved for the fiscal year within any limitations set forth in the acts appropriating moneys for the funding of such units, the state board shall approve additional units for the fiscal year on the basis of the average daily membership certified. For each unit approved, the department of education shall pay an amount computed in the manner prescribed by section 3317.16 of the Revised Code.

(G)(1)(a) The superintendent of an institution operating a special education program pursuant to section 3323.091 of the Revised Code shall, for the programs under such superintendent's supervision, certify to the state board of education the average daily membership of all handicapped children in classes or programs approved annually by the state board of education, in the manner prescribed by the superintendent of public instruction.

(b) The superintendent of an institution with vocational education units approved under division (A) of section 3317.05 of the Revised Code shall, for the units under the superintendent's supervision, certify to the state board of education the average daily membership in those units, in the manner prescribed by the superintendent of public instruction.

(2) The superintendent of each county MR/DD board that maintains special education classes or units approved by the state board of education pursuant to section 3317.05 of the Revised Code shall do both of the following:

(a) Certify to the state board, in the manner prescribed by the board, the average daily membership in classes and units approved under division (D)(1) of section 3317.05 of the Revised Code for each school district that has placed children in the classes or units;

(b) Certify to the state board, in the manner prescribed by the board, the average daily membership in preschool handicapped units approved under division (B) of section 3317.05 of the Revised Code.

(3) If during the first full school week in February the average daily membership of the classes or units maintained by the county MR/DD board that are eligible for approval under division (D)(1) of section 3317.05 of the Revised Code is greater than the average daily membership for the preceding October, the superintendent of the board shall make the certifications required by this section for such week and, if during the first full school week in February the average daily membership of the units maintained by the county MR/DD board that are eligible for approval under division (B) of section 3317.05 of the Revised Code is greater than the average daily membership for the preceding October, the superintendent shall certify the average daily membership for the first full school week in February for such units to the state board of education. If the state board determines that additional classes or units can be approved for the fiscal year within any limitations set forth in the acts appropriating moneys for the funding of such classes and units, the board shall approve and fund additional units for the fiscal year on the basis of such average daily membership. For each unit so approved, the department of education shall pay an amount computed in the manner prescribed in section SECTIONS 3317.161 AND 3317.162 of the Revised Code.

(H) Except as provided in division (I) of this section, when any city, local, or exempted village school district provides instruction for a nonresident pupil whose attendance is unauthorized attendance as defined in section 3327.06 of the Revised Code, that pupil's membership shall not be included in that district's membership figure used in the calculation of that district's formula ADM or included in the determination of any unit approved for the district under section 3317.05 of the Revised Code. The reporting official shall report separately the average daily membership of all pupils whose attendance in the district is unauthorized attendance, and the membership of each such pupil shall be credited to the school district in which the pupil is entitled to attend school under division (B) of section 3313.64 or section 3313.65 of the Revised Code as determined by the department of education.

(I)(1) A school district admitting a scholarship student of a pilot project district pursuant to division (C) of section 3313.976 of the Revised Code may count such student in its average daily membership.

(2) In any year for which funds are appropriated for pilot project scholarship programs, a school district implementing a state-sponsored pilot project scholarship program that year pursuant to sections 3313.974 through 3313.979 of the Revised Code may count in average daily membership:

(a) All children residing in the district and utilizing a scholarship to attend kindergarten in any alternative school, as defined in division (A)(9) of section 3313.974 of the Revised Code;

(b) All children who were enrolled in the district in the preceding year who are utilizing a scholarship to attend any such alternative school.

Sec. 3317.05. (A) For the purpose of calculating payments under sections 3317.16 and, 3317.161, AND 3317.162 of the Revised Code, the state board of education shall determine for each joint vocational school district and institution, by the last day of January of each year and based on information certified under section 3317.03 of the Revised Code, the number of vocational education units or fractions of units approved by the state board on the basis of standards and rules adopted by the state board. As used in this division, "institution" means an institution operated by a department specified in section 3323.091 of the Revised Code and that provides vocational education programs under the supervision of the division of vocational education of the department of education that meet the standards and rules for these programs, including licensure of professional staff involved in the programs, as established by the state board of education.

(B) For the purpose of calculating payments under sections 3317.024, 3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the state board shall determine, based on information certified under section 3317.03 of the Revised Code, the following by the last day of January of each year for each educational service center, for each school district, including each cooperative education school district, for each institution eligible for payment under section 3323.091 of the Revised Code, and for each county MR/DD board: the number of classes operated by the school district, service center, institution, or county MR/DD board for handicapped preschool children, or fraction thereof, including in the case of a district or service center that is a funding agent, classes taught by a licensed teacher employed by that district or service center under section 3313.841 of the Revised Code, approved annually by the state board on the basis of standards and rules adopted by the state board.

(C) For the purpose of calculating payments under sections 3317.024, 3317.11, 3317.161, 3317.162, and 3317.19 of the Revised Code, the state board shall determine, based on information certified under section 3317.03 of the Revised Code, the following by the last day of January of each year for each school district, including each cooperative education school district, for each institution eligible for payment under section 3323.091 of the Revised Code, and for each county MR/DD board: the number of preschool handicapped related services units for child study, occupational, physical, or speech and hearing therapy, special education supervisors, and special education coordinators approved annually by the state board on the basis of standards and rules adopted by the state board.

(D) For the purpose of calculating payments under sections 3317.16 and, 3317.161, AND 3317.162 of the Revised Code, the state board shall determine, based on information certified under section 3317.03 of the Revised Code, the following by the last day of January of each year for each joint vocational school district, for each institution eligible for payment under section 3323.091 of the Revised Code, and for each county MR/DD board:

(1) The number of classes operated by a joint vocational school district, institution, or county MR/DD board for handicapped children other than handicapped preschool children, or fraction thereof, approved annually by the state board on the basis of standards and rules adopted by the state board;

(2) The number of related services units for children other than handicapped preschool children for child study, occupational, physical, or speech and hearing therapy, special education supervisors, and special education coordinators approved annually by the state board on the basis of standards and rules adopted by the state board.

(E) All of the arithmetical calculations made under this section shall be carried to the second decimal place. The total number of units for school districts, service centers, and institutions approved annually by the state board under this section shall not exceed the number of units included in the state board's estimate of cost for these units and appropriations made for them by the general assembly.

In the case of units described in division (D)(1) of this section operated by county MR/DD boards and institutions eligible for payment under section 3323.091 of the Revised Code, the state board shall approve only units for persons who are under age twenty-two on the first day of the academic year, but not less than six years of age on the thirtieth day of September of that year, except that such a unit may include one or more children who are under six years of age on the thirtieth day of September if such children have been admitted to the unit pursuant to rules of the state board. In the case of handicapped preschool units described in division (B) of this section operated by county MR/DD boards and institutions eligible for payment under section 3323.091 of the Revised Code, the state board shall approve only preschool units for children who are under age six but not less than age three on the thirtieth day of September of the academic year, except that such a unit may include one or more children who are under age three or are age six or over on the thirtieth day of September if such children have been admitted to the unit pursuant to rules of the state board of education. The number of units for county MR/DD boards and institutions eligible for payment under section 3323.091 of the Revised Code approved by the state board under this section shall not exceed the number that can be funded with appropriations made for such purposes by the general assembly.

No unit shall be approved under divisions (B) to (D) of this section unless a plan has been submitted and approved under Chapter 3323. of the Revised Code.

(F) For fiscal year 1999 only, the department shall approve units or fractions thereof for gifted children on the basis of standards and rules adopted by the board.

Sec. 3317.051. (A)(1) Notwithstanding sections 3317.05 and 3317.11 of the Revised Code, a unit funded pursuant to division (Q)(P)(1) of section 3317.024 or division (A)(2) of section 3317.161 of the Revised Code shall not be approved for state funding in one school district, including any joint vocational or cooperative education school district or any educational service center, to the extent that such unit provides programs in or services to another district which receives payment pursuant to section 3317.04 of the Revised Code.

(2) Any city, local, exempted village, or cooperative education school district or any educational service center may combine partial unit eligibility for handicapped preschool programs pursuant to section 3317.05 of the Revised Code, and such combined partial units may be approved for state funding in one school district or service center.

(B) After units have been initially approved for any fiscal year under section 3317.05 of the Revised Code, no unit shall be subsequently transferred from a school district or educational service center to another city, exempted village, local, joint vocational, or cooperative education school district or educational service center or to an institution or county MR/DD board solely for the purpose of reducing the financial obligations of the school district in a fiscal year it receives payment pursuant to section 3317.04 of the Revised Code.

Sec. 3317.06. Moneys paid to school districts under division (L) of section 3317.024 of the Revised Code shall be used for the following independent and fully severable purposes:

(A) To purchase such secular textbooks as have been approved by the superintendent of public instruction for use in public schools in the state and to loan such textbooks to pupils attending nonpublic schools within the district or to their parents and to hire clerical personnel to administer such lending program. Such loans shall be based upon individual requests submitted by such nonpublic school pupils or parents. Such requests shall be submitted to the school district in which the nonpublic school is located. Such individual requests for the loan of textbooks shall, for administrative convenience, be submitted by the nonpublic school pupil or the pupil's parent to the nonpublic school which shall prepare and submit collective summaries of the individual requests to the school district. As used in this section, "textbook" means any book or book substitute which a pupil uses as a text or text substitute in a particular class or program in the school the pupil regularly attends.

(B) To provide speech and hearing diagnostic services to pupils attending nonpublic schools within the district. Such service shall be provided in the nonpublic school attended by the pupil receiving the service.

(C) To provide physician, nursing, dental, and optometric services to pupils attending nonpublic schools within the district. Such services shall be provided in the school attended by the nonpublic school pupil receiving the service.

(D) To provide diagnostic psychological services to pupils attending nonpublic schools within the district. Such services shall be provided in the school attended by the pupil receiving the service.

(E) To provide therapeutic psychological and speech and hearing services to pupils attending nonpublic schools within the district. Such services shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off of the nonpublic premises. If such services are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.

(F) To provide guidance and counseling services to pupils attending nonpublic schools within the district. Such services shall be provided in the public school, in nonpublic schools, in pubic PUBLIC centers, or in mobile units located on or off of the nonpublic premises. If such services are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.

(G) To provide remedial services to pupils attending nonpublic schools within the district. Such services shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off of the nonpublic premises. If such services are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.

(H) To supply for use by pupils attending nonpublic schools within the district such standardized tests and scoring services as are in use in the public schools of the state;

(I) To provide programs for children who attend nonpublic schools within the district and are handicapped children as defined in division (A) of section 3323.01 of the Revised Code or gifted children. Such programs shall be provided in the public school, in nonpublic schools, in public centers, or in mobile units located on or off of the nonpublic premises. If such programs are provided in the public school or in public centers, transportation to and from such facilities shall be provided by the school district in which the nonpublic school is located.

(J) To hire clerical personnel to assist in the administration of programs pursuant to divisions (B), (C), (D), (E), (F), (G), and (I) of this section and to hire supervisory personnel to supervise the providing of services and textbooks pursuant to this section.

(K) To purchase any secular, neutral, and nonideological computer software, prerecorded video laserdiscs, compact discs, and video cassette cartridges and mathematics or science equipment and materials that are in general use in the public schools of the state and loan such computer software, prerecorded video laserdiscs, compact discs, and video cassette cartridges, equipment, and materials to pupils attending nonpublic schools within the district or to their parents, and to hire clerical personnel to administer the lending program. Only computer software, prerecorded video laserdiscs, compact discs, and video cassette cartridges, equipment, and materials that are incapable of diversion to religious use and that are susceptible of loan to individual pupils and are furnished for the use of individual pupils shall be purchased and loaned under this division.

(L) To purchase instructional equipment, including computer hardware, for use by pupils attending nonpublic schools within the district, if such usage only occurs when these pupils are being provided the secular remedial, diagnostic, or therapeutic services pursuant to division (B), (D), (E), (F), (G), or (I) of this section.

(M) To purchase mobile units to be used for the provision of services pursuant to divisions (E), (F), (G), and (I) of this section and to pay for necessary repairs and operating costs associated with these units.

Clerical and supervisory personnel hired pursuant to division (J) of this section shall perform their services in the public schools, in nonpublic schools, public centers, or mobile units where the services are provided to the nonpublic school pupil, except that such personnel may accompany pupils to and from the service sites when necessary to ensure the safety of the children receiving the services.

Health services provided pursuant to divisions (B), (C), (D), and (E) of this section may be provided under contract with the department of health, city or general health districts, or private agencies whose personnel are properly licensed by an appropriate state board or agency.

Transportation of pupils provided pursuant to divisions (E), (F), (G), and (I) of this section shall be provided by the school district from its general funds and not from moneys paid to it under division (J)(L) of section 3317.024 of the Revised Code unless a special transportation request is submitted by the parent of the child receiving service pursuant to such divisions. If such an application is presented to the school district, it may pay for the transportation from moneys paid to it under division (J)(L) of section 3317.024 of the Revised Code.

No school district shall provide health or remedial services to nonpublic school pupils as authorized by this section unless such services are available to pupils attending the public schools within the district.

Materials, equipment, computer software, textbooks, and health and remedial services provided for the benefit of nonpublic school pupils pursuant to this section and the admission of pupils to such nonpublic schools shall be provided without distinction as to race, creed, color, or national origin of such pupils or of their teachers.

No school district shall provide services for use in religious courses, devotional exercises, religious training, or any other religious activity.

As used in this section, "parent" includes a person standing in loco parentis to a child.

Notwithstanding section 3317.01 of the Revised Code, payments shall be made under this section to any city, local, or exempted village school district within which is located one or more nonpublic elementary or high schools.

The allocation of payments for materials, equipment, textbooks, health services, and remedial services to city, local, and exempted village school districts shall be on the basis of the state board of education's estimated annual average daily membership in nonpublic elementary and high schools located in the district.

Payments made to city, local, and exempted village school districts under this section shall be equal to specific appropriations made for the purpose. All interest earned by a school district on such payments shall be used by the district for the same purposes and in the same manner as the payments may be used.

The department of education shall adopt guidelines and procedures under which such programs and services shall be provided, under which districts shall be reimbursed for administrative costs incurred in providing such programs and services, and under which any unexpended balance of the amounts appropriated by the general assembly to implement this section may be transferred to the auxiliary services personnel unemployment compensation fund established pursuant to section 4141.47 of the Revised Code. The department shall also adopt guidelines and procedures limiting the purchase and loan of computer software, equipment, and materials under division (K) of this section to items that are in general use in the public schools of the state, that are incapable of diversion to religious use, and that are susceptible to individual use rather than classroom use. Within thirty days after the end of each biennium, each board of education shall remit to the department all moneys paid to it under division (J)(L) of section 3317.024 of the Revised Code and any interest earned on those moneys that are not required to pay expenses incurred under this section during the biennium for which the money was appropriated and during which the interest was earned. If a board of education subsequently determines that the remittal of moneys leaves the board with insufficient money to pay all valid expenses incurred under this section during the biennium for which the remitted money was appropriated, the board may apply to the department of education for a refund of money, not to exceed the amount of the insufficiency. If the department determines the expenses were lawfully incurred and would have been lawful expenditures of the refunded money, it shall certify its determination and the amount of the refund to be made to the administrator of the bureau of employment services who shall make a refund as provided in section 4141.47 of the Revised Code.

Sec. 3317.082. As used in this section, "institution" means a residential facility that receives and cares for children maintained by the department of youth services and that operates a school chartered by the state board of education under section 3301.16 of the Revised Code.

(A) On or before the thirty-first day of each January and July, the superintendent of each institution that during the six-month period immediately preceding each January or July provided an elementary or secondary education for any child, other than a child receiving special education under section 3323.091 of the Revised Code, shall prepare and submit to the department of education, a statement for each such child indicating the child's name, any school district responsible to pay tuition for the child as determined by the superintendent in accordance with division (C)(2) or (3) of section 3313.64 of the Revised Code, and the period of time during that six-month period that the child received an elementary or secondary education. If any school district is responsible to pay tuition for any such child, the department of education, no later than the immediately succeeding last day of February or August, as applicable, shall calculate the amount of the tuition of the district under section 3317.08 of the Revised Code for the period of time indicated on the statement and do one of the following:

(1) If the tuition amount is equal to or less than the amount of state basic aid funds payable to the district under sections 3317.022 and 3317.023 of the Revised Code, pay to the institution submitting the statement an amount equal to the tuition amount, as provided under division (R)(Q) of section 3317.024 of the Revised Code, and deduct the tuition amount from the state basic aid funds payable to the district, as provided under division (F)(2) of section 3317.023 of the Revised Code;

(2) If the tuition amount is greater than the amount of state basic aid funds payable to the district under sections 3317.022 and 3317.023 of the Revised Code, require the district to pay to the institution submitting the statement an amount equal to the tuition amount.

(B) In the case of any disagreement about the school district responsible to pay tuition for a child pursuant to this section, the superintendent of public instruction shall make the determination in any such case in accordance with division (C)(2) or (3) of section 3313.64 of the Revised Code.

Sec. 3317.10. (A) On or before the first day of March of each year, the department of human services shall certify to the state board of education the number of children ages five through seventeen residing in each school district and living in a family that participated in Ohio works first under Chapter 5107. of the Revised Code during the preceding October according to the school district of residence for each child. Except as provided under division (B) of this section, the number of children so certified in any year shall be used by the department of education in determining theDPIA ADMfor purposes of calculating the distribution of moneys for the ensuing fiscal year provided in section 3317.029 of the Revised Code.

(B) Upon the transfer of part of the territory of one school district to the territory of one or more other school districts, the department of education may adjust the number certified under division (A) of this section for any district gaining or losing territory in such a transfer in order to take into account the effect of the transfer on the number of children ages five through seventeen who reside in the district and live in a family that participates in Ohio works first. Within sixty days of receipt of a request for information from the department of education, the department of human services shall provide any information the department of education determines is necessary to make such adjustments. The department of education may use the adjusted number for any district for the applicable fiscal year, in lieu of the number certified for the district for that fiscal year under division (A) of this section, in the calculation of the distribution of moneys provided in section 3317.029 of the Revised Code.

Sec. 3317.11. (A) Annually, on or before a date designated by the state board of education, each educational service center governing board shall prepare a budget of operating expenses for the ensuing year for the service center on forms prepared and furnished by the state board of education and shall certify the budget to the state board of education, together with such other information as the board may require. Such budget shall consist of two parts. Part (A) shall include the cost of the salaries, employers retirement contributions, and travel expenses of supervisory teachers approved by the state board of education. The amount derived from the calculation for such units in part (A) of the governing board budget shall be the sum of:

(1) The sum of the minimum salaries calculated, pursuant to section 3317.13 of the Revised Code, for each approved licensed employee of the governing board;

(2) An additional salary allowance proportional to the length of the extended term of service not to exceed three months for each supervisory and child study teacher whose term of service in any year is extended beyond the terms of service of regular classroom teachers;

(3) An allowance equal to fifteen per cent of the amount computed under division (A)(1) of this section;

(4) An allowance for necessary travel expenses, for each of the personnel approved in part (A) of the budget, limited to two hundred twenty-three dollars and sixteen cents per month, or two thousand six hundred seventy-eight dollars per year per person employed, whichever is the lesser. Part

PART (B) shall include the cost of all other lawful expenditures of the governing board. The state board of education shall review such budget and may approve, increase, or decrease such budget.

The governing board shall be reimbursed by the state board of education from state funds for the cost of part (A) of the budget. The governing board shall be reimbursed by the state board of education, from state funds for the cost of part (B) of the approved budget that is in excess of six dollars and fifty cents times the service center ADM. If the governing board provides services to city or exempted village school districts pursuant to section 3313.843 of the Revised Code, the governing board shall be reimbursed from state funds for the cost of part (B) of the budget that is in excess of six dollars and fifty cents times the sum of the service center ADM and the formula CLIENT ADMs of the city or exempted village districts to which such services are provided. The cost of part (B) not in excess of six dollars and fifty cents times the number of such ADM shall be apportioned by the state board of education among the local school districts in the territory of the service center, or among all districts to which the governing board provides services, on the basis of the total number of pupils in each school district.

If part (B) of the budget is in excess of that approved by the state board of education, the excess cost shall be apportioned by the state board of education among the local school districts in the territory of the service center on the basis of the total number of such pupils in each such school district, provided that a majority of the boards of education of such local school districts approve such apportionment. The state board of education shall initiate and supervise the procedure by which the local boards shall approve or disapprove such apportionment.

The amounts so apportioned shall be certified to the treasurers of the various school districts. In the case of each district such amount shall be deducted by the state board of education from funds allocated to the district pursuant to division (E) of section 3317.023 of the Revised Code.

The state board of education shall certify to the director of budget and management for payment the total of the deductions, whereupon the amount shall be paid to the governing board of each service center, to be deposited to the credit of a separate fund, hereby created, to be known as the educational service center governing board fund.

An educational service center may provide special education to students in its local districts or in client districts. A service center is eligible for funding under division (J) of section 3317.024 of the Revised Code and eligible for state subsidies for the purchase of school buses under section 3317.07 of the Revised Code. Special education units for gifted children may be operated by a governing board. Vocational education may be provided by a governing board. A governing board may conduct driver education for pupils enrolled in a high school for which the state board of education prescribes minimum standards and which is eligible for funding under division (I) of section 3317.024 of the Revised Code.

Every local school district shall be provided supervisory services by its governing board as approved by the state board of education. A city or exempted village school district shall be considered to be provided supervisory services by a governing board if it has entered into an agreement for the governing board to provide any services under section 3313.843 of the Revised Code. Supervisory services shall not exceed one supervisory teacher for the first fifty classroom teachers employed in all districts that are provided supervisory services calculated under section 3317.023 of the Revised Code and one supervisory teacher for every additional one hundred such classroom teachers so calculated. Reimbursement for such supervisory services shall be a deduction by the state board of education from the payment to the school district pursuant to division (E) of section 3317.023 of the Revised Code. Deductions for all supervisory services and extended services for supervisory and child study shall be apportioned among local school districts within the territory of the service center and any city or exempted village districts that have entered into agreements with a service center pursuant to section 3313.843 of the Revised Code by the state board of education on the basis of the total number of pupils in each school district, except that where such services are provided to districts other than local school districts within the service center territory and city or exempted village districts having agreements with the service center, such charges shall be apportioned among all participating districts on the basis of the total number of pupils in each school district. All deductions from state funding to school districts required for reimbursement of governing boards by division (E) of section 3317.023 of the Revised Code shall be made from the total of the payment computed FOR THE DISTRICT under sections 3317.022 and 3317.023 of the Revised Code THIS CHAPTER, after making any other adjustments in that payment required by law.

(B)(1) In addition to the payments made under division (A) of this section, except as otherwise provided in division (C) of this section, the department of education shall pay each governing board, each fiscal year, an amount equal to thirty-four dollars times the sum of the service center ADM and thirty-four dollars times the sum of the client ADMs of all its client districts.

(2) IN ADDITION TO OTHER PAYMENTS UNDER THIS SECTION, THE DEPARTMENT SHALL PAY EACH EDUCATIONAL SERVICE CENTER THE AMOUNTS DUE TO IT FROM SCHOOL DISTRICTS PURSUANT TO CONTRACTS, COMPACTS, OR AGREEMENTS UNDER WHICH THE SERVICE CENTER FURNISHES SERVICES TO THE DISTRICTS OR THEIR STUDENTS. IN ORDER TO RECEIVE PAYMENT UNDER THIS DIVISION, AN EDUCATIONAL SERVICE CENTER SHALL FURNISH EITHER A COPY OF THE APPLICABLE CONTRACT, COMPACT, OR AGREEMENT CLEARLY INDICATING THE AMOUNTS OF THE PAYMENTS, OR A WRITTEN STATEMENT OF THE PAYMENTS OWED SIGNED BY THE SUPERINTENDENT OR TREASURER OF THE RESPONSIBLE SCHOOL DISTRICT.

THE AMOUNTS PAID TO SERVICE CENTERS UNDER DIVISION (B)(2) OF THIS SECTION SHALL BE DEDUCTED FROM PAYMENTS TO SCHOOL DISTRICTS PURSUANT TO DIVISION (K)(2) OF SECTION 3317.023 of the Revised Code.

(C) Beginning with the fiscal year that starts July 1, 1997, in lieu of the payment specified under division (B) of this section, each multicounty service center shall receive a payment each fiscal year equal to one per cent times the formula amount times the sum of the service center ADM and the client ADMs of all its client districts.

(D) Each city, exempted village, local, joint vocational, or cooperative education school district shall pay to the governing board of an educational service center any amounts agreed to for each child enrolled in the district who receives special education and related services or vocational education from the educational service center.

(E) As used in this section:

(1) "Service center ADM" means the total of each of the following for all local school districts within the limits of an educational service center's territory:

(a) The formula ADM;

(b) One-half of the THE kindergarten average daily membership included in the formula ADM;

(c) Three-quarters of the number of students reported under division (B)(4) of section 3317.03 of the Revised Code;

(d) The average daily membership of handicapped preschool children reported under division (B)(2) of section 3317.03 of the Revised Code;

(e) The number of preschool students certified under division (B) of section 3317.032 of the Revised Code.

(2) "Client ADM" means the total of each number described under divisions (E)(1)(a) to (e) of this section for a client district.

(3) "Client district" means a city or exempted village school district that has entered into an agreement to receive services from a service center pursuant to section 3313.843 of the Revised Code.

(4) "Multicounty service center" means a service center that includes territory that formerly was included in the territory of at least three former service centers or county school districts, which former centers or districts engaged in one or more mergers pursuant to section 3311.053 of the Revised Code to form the present center.

Sec. 3317.161. As used in this section, "institution" means an institution operated by a department specified in section 3323.091 of the Revised Code.

(A)(1) The department of education shall pay each school district, educational service center, institution eligible for payment under section 3323.091 of the Revised Code, or county mr/dd MR/DD board an amount for the total of all classroom units for handicapped preschool children approved under division (B) of section 3317.05 of the Revised Code. For each unit, the amount shall be the sum of the minimum salary for the teacher of the unit, calculated on the basis of the teacher's training level and years of experience pursuant to section 3317.13 of the Revised Code, plus fifteen per cent of that minimum salary amount, and eight thousand twenty-three dollars.

(2) The department shall pay each school district, educational service center, institution eligible for payment under section 3323.091 of the Revised Code, or county MR/DD board an amount for the total of all related services units for handicapped preschool children approved under division (C) of section 3317.05 of the Revised Code. For each such unit, the amount shall be the sum of the minimum salary for the teacher of the unit calculated on the basis of the teacher's training level and years of experience pursuant to section 3317.13 of the Revised Code, fifteen per cent of that minimum salary amount, and two thousand one hundred thirty-two dollars.

(B) If a school district or educational service center has had additional handicapped preschool units approved for the year under division (F)(2) of section 3317.03 of the Revised Code, or if a county MR/DD board has had additional handicapped preschool units approved under division (G)(3) of section 3317.03 of the Revised Code, the district, educational service center, or board shall receive an additional amount during the last half of the fiscal year. For each district, center, or board, the additional amount for each unit shall equal fifty per cent of the amount AMOUNTS computed for the unit in the manner prescribed by division (A) of this section AND DIVISION (C) OF SECTION 3317.162 of the Revised Code.

(C)(1) The department shall pay each institution eligible for payment under section 3323.091 of the Revised Code or county MR/DD board an amount for the total of all special education units approved under division (D)(1) of section 3317.05 of the Revised Code. The amount for each unit shall be the sum of the minimum salary for the teacher of the unit, calculated on the basis of the teacher's training level and years of experience pursuant to section 3317.13 of the Revised Code, plus fifteen per cent of that minimum salary amount, and eight thousand twenty-three dollars.

(2) The department shall pay each institution eligible for payment under section 3323.091 of the Revised Code or county MR/DD board an amount for the total of all related services units approved under division (D)(2) of section 3317.05 of the Revised Code. The amount for each unit shall be the sum of the minimum salary for the teacher of the unit, calculated on the basis of the teacher's training level and years of experience pursuant to section 3317.13 of the Revised Code, plus fifteen per cent of that minimum salary amount, and two thousand one hundred thirty-two dollars.

(3) If a county MR/DD board has had additional handicapped preschool units FOR HANDICAPPED CHILDREN OTHER THAN HANDICAPPED PRESCHOOL CHILDREN approved under division (G)(3) of section 3317.03 of the Revised Code, the board shall receive an additional amount during the last half of the fiscal year. For each board, the additional amount for each unit shall equal fifty per cent of the amount computed for the unit in the manner prescribed by division (C)(1) of this section AND DIVISION (C) OF SECTION 3317.162 of the Revised Code.

(D) The department shall pay each institution approved for vocational education units under division (A) of section 3317.05 of the Revised Code an amount for the total of all the units approved under that division. The amount for each unit shall be the sum of the minimum salary for the teacher of the unit, calculated on the basis of the teacher's training level and years of experience pursuant to section 3317.13 of the Revised Code, plus fifteen per cent of that minimum salary amount, and nine thousand five hundred ten dollars.

Sec. 50.11 3317.162. Supplemental Unit Allowance

(A) As used under IN this heading SECTION:

(1) "State share PERCENTAGE" has the same meaning as in division (B) of section 3317.022 of the Revised Code.

(2) "Dollar amount" means the amount shown in the following table for the corresponding type of unit and the appropriate fiscal year:
DOLLAR AMOUNT

TYPE OF UNIT
FY 1999
Division (B) of R.C. SECTION 3317.05 of the Revised Code$8,334
Division (C) of R.C. 3317.05 THAT SECTION$3,234
Division (F) of R.C. 3317.05 THAT SECTION$3,550

(3) "Average unit amount" means the amount shown in the following table for the corresponding type of unit and the appropriate fiscal year:
AVERAGE UNIT AMOUNT

TYPE OF UNIT
FY 1999
Division (B) of R.C. SECTION 3317.05 of the Revised Code$7,799
Division (C) of R.C. 3317.05 THAT SECTION$2,966
Division (F) of R.C. 3317.05 THAT SECTION$3,251

(B) In the case of each unit described in division (B), (C), or (F) of section 3317.05 of the Revised Code and allocated to a city, local, or exempted village school district, the Department DEPARTMENT of Education EDUCATION, in addition to the amounts specified in such divisions DIVISION (P)(1) OF SECTION 3317.024 AND SECTIONS 3317.16, 3317.161, AND 3317.19 of the Revised Code, shall pay a supplemental unit allowance equal to the sum of the following amounts:

(1) An amount equal to 50% of the average unit amount for the unit;

(2) An amount equal to the percentage of the dollar amount for the unit that equals the district's state share PERCENTAGE.

If, prior to the fifteenth day of May of a fiscal year, a school district's aid computed under section 3317.022 of the Revised Code is recomputed pursuant to section 3317.027 or 3317.028 of the Revised Code, the department shall also recompute the district's entitlement to payment under this section utilizing a new state share PERCENTAGE. Such new state share PERCENTAGE shall be determined using the district's recomputed basic aid amount pursuant to section 3317.027 or 3317.028 of the Revised Code. During the last six months of the fiscal year, the department shall pay the district a sum equal to one-half of the recomputed payment in lieu of one-half the payment otherwise calculated under this section.

(C)(1) In the case of each unit allocated to a joint vocational school district or institution pursuant to division (A) of section 3317.05 of the Revised Code, the Department DEPARTMENT, in addition to the amount specified in section 3317.16 OR 3317.161 of the Revised Code, shall pay a supplemental unit allowance of $7,227 in fiscal year 1999.

(2) In the case of each unit described in division (B) or (D)(1) of section 3317.05 of the Revised Code that is allocated to any entity other than a city, exempted village, or local school district, the Department DEPARTMENT, in addition to the amount specified in section 3317.161 of the Revised Code, shall pay a supplemental unit allowance of $7,799 in fiscal year 1999.

(3) In the case of each unit described in division (C) or (D)(2) of section 3317.05 of the Revised Code and allocated to any entity other than a city, exempted village, or local school district, the Department DEPARTMENT, in addition to the amounts specified in section 3317.161 of the Revised Code, shall pay a supplemental unit allowance of $2,966 in fiscal year 1999.

(4) In the case of each unit described in division (F) of section 3317.05 of the Revised Code and allocated to any entity other than a city, exempted village, or local school district, the Department DEPARTMENT, in addition to the amounts specified in section 3317.161 of the Revised Code, shall pay a supplemental unit allowance of $3,251 in fiscal year 1999.

Sec. 3317.19. (A) As used in this section, "total unit allowance" means an amount equal to the sum of the following:

(1) The total of the salary allowances for the teachers employed in the cooperative education school district for all units approved under division (B) or (C) of section 3317.05 of the Revised Code. The salary allowance for each unit shall equal the minimum salary for the teacher of the unit calculated on the basis of the teacher's training level and years of experience pursuant to section 3317.13 of the Revised Code.

(2) Fifteen per cent of the total computed under division (A)(1) of this section;

(3) The total of the unit operating allowances for all approved units. The amount of each allowance shall equal one of the following:

(a) Eight thousand twenty-three dollars times the number of preschool handicapped units or fraction thereof approved for the year under division (B) of section 3317.05 of the Revised Code;

(b) Two thousand one hundred thirty-two dollars times the number of units or fraction thereof approved for the year under division (C) of section 3317.05 of the Revised Code.

(B) The state board of education shall compute and distribute to each cooperative education school district for each fiscal year an amount equal to the sum of the following:

(1) An amount equal to the total of the amounts credited to the cooperative education school district pursuant to division (K) of section 3317.023 of the Revised Code;

(2) The total unit allowance;

(3) An amount for driver education pursuant to division (H)(I) of section 3317.024 of the Revised Code;

(4) An amount for assisting in providing free lunches to needy children and an amount for assisting needy school districts in purchasing necessary equipment for food preparation pursuant to division (K) of section 3317.024 of the Revised Code.

(C) If a cooperative education school district has had additional special education units approved for the year under division (F)(2) of section 3317.03 of the Revised Code, the district shall receive an additional amount during the last half of the fiscal year. For each unit, the additional amount shall equal fifty per cent of the amount computed under division (A) of this section for a unit approved under division (B) of section 3317.05 of the Revised Code.

Sec. 3318.06. After receipt of the conditional approval of the Ohio school facilities commission, the school district board by a majority of all of its members shall, if it desires to proceed with the project, declare all of the following by resolution:

(A) That with a net bonded indebtedness of within five thousand dollars of the required level of indebtedness or by issuing bonds in an amount equal to the required percentage of the project costs, the district is unable to provide adequate classroom facilities without assistance from the state;

(B) That to qualify for such state assistance it is necessary to levy a tax outside the ten-mill limitation the proceeds of which shall be used to pay the cost of maintaining the classroom facilities included in the project, except that in any year the district's adjusted valuation per pupil is greater than the state-wide median adjusted valuation per pupil one-half of the proceeds of the tax shall be used for such maintenance and one-half of such proceeds shall be used to pay the cost of the purchase of the classroom facilities from the state;

(C) That the question of such tax levy shall be submitted to the electors of the school district at the next general or primary election, if there be a general or primary election not less than seventy-five and not more than ninety-five days after the day of the adoption of such resolution or, if not, at a special election to be held at a time specified in the resolution which shall be not less than seventy-five days after the day of the adoption of the resolution and which shall be in accordance with the requirements of section 3501.01 of the Revised Code.

Such resolution shall also state, if such be the case, that the question of issuing bonds of the board shall be combined in a single proposal with the question of such tax levy. More than one election under this section may be held in any one calendar year. Such resolution shall specify both of the following:

(1) That the rate which it is necessary to levy shall be at the rate of one-half mill for each one dollar of valuation, and that such tax shall be levied until the purchase price is paid but in no case longer than twenty-three years;

(2) That the proceeds of the tax shall be used to pay the cost of maintaining the classroom facilities included in the project, except in any year the district's adjusted valuation per pupil is greater than the statewide median adjusted valuation per pupil one-half of the proceeds of the tax shall be used for such maintenance and one-half of the proceeds of the tax shall be used to pay the cost of the purchase of the classroom facilities from the state under sections 3318.01 to 3318.20 of the Revised Code.

A copy of such resolution shall after its passage and not less than seventy-five days prior to the date set therein for the election be certified to the county board of elections.

If the question of issuing bonds of the board is to be combined with the question of levying the tax, the THE resolution of the school district board, in addition to meeting other applicable requirements of section 133.18 of the Revised Code, shall state that the amount of bonds to be issued will be either whatever amount may be necessary to raise the net bonded indebtedness of the school district to within five thousand dollars of the required level of indebtedness calculated for the year preceding the year in which such resolution is adopted or an amount equal to the required percentage of the basic project costs, whichever is greater and state that the maximum maturity of the bonds which, notwithstanding section 133.20 of the Revised Code, may be any number of years not exceeding twenty-three as determined by the board. In estimating the amount of bonds to be issued, the board shall take into consideration the amount of moneys then in the bond retirement fund and the amount of moneys to be collected for and disbursed from the bond retirement fund during the remainder of the year in which the resolution of necessity is adopted.

Notice of the election shall include the fact that the tax levy shall be at the rate of one-half mill for each one dollar of valuation, that the levy shall be made until the purchase price is paid but in no case longer than twenty-three years, and that the proceeds of the tax shall be used to pay the cost of maintaining the classroom facilities included in the project, except in any year the district's adjusted valuation per pupil is greater than the statewide median adjusted valuation per pupil one-half of the proceeds of the tax shall be used for such maintenance and one-half of the proceeds of the tax shall be used to pay the cost of the purchase of the classroom facilities from the state under sections 3318.01 to 3318.20 of the Revised Code.

The form of the ballot to be used at such election shall be:

"A majority affirmative vote is necessary for passage.

Shall bonds be issued by the Board of Education of the ............ (here insert name of school district) for the purpose of ............ (here insert purpose of bond issue) in either an amount sufficient to raise the net indebtedness of the school district to within five thousand dollars of ............ (here insert five, six, or seven per cent depending on the district's required level of indebtedness) of the total value of all property in the school district as listed and assessed for taxation on the tax duplicate for the year ............ (here insert the year preceding the year in which the resolution declaring the necessity of the election was adopted) or an amount equal to ............ (here insert the required percentage of the basic project costs), whichever is greater, and a levy of taxes be made outside of the ten-mill limitation for a maximum period of ............ (here insert longest maturity) years to pay the principal and interest of such bonds, the amount of such bonds being estimated to be ............ (here insert estimated amount of bond issue) for which the levy of taxes is estimated by the county auditor to average ............ (here insert number of mills) mills for each one dollar of valuation, which amounts to ............ (here insert rate expressed in dollars and cents) for each one hundred dollars of valuation?"

and

"Shall an additional levy of taxes be made for the benefit of the ............ (name of school district), the proceeds of which shall be used to pay the cost of maintaining the classroom facilities included in the project, except that in any year the district's adjusted valuation per pupil is greater than the state-wide median adjusted valuation per pupil one-half of the proceeds of the tax shall be used for such maintenance and one-half of such proceeds shall be used to pay the cost of the purchase of classroom facilities from the state, at the rate of one-half mill for each one dollar of valuation until the purchase price is paid but in no case longer than twenty-three years?
_______________________________________________ 
FOR THE BOND ISSUE AND TAX LEVY 
_______________________________________________ 
AGAINST THE BOND ISSUE AND TAX LEVY 
_______________________________________________"

Where it is not necessary to include the question of issuing bonds of the school district board with the question of levying the tax, the first paragraph of the foregoing ballot form shall be omitted and the question to be voted on shall be "For the Tax Levy" and "Against the Tax Levy."

(D) If it is necessary for the school district to acquire a site for the classroom facilities to be acquired pursuant to sections 3318.01 to 3318.20 of the Revised Code, the district board may propose either to issue bonds of the board or to levy a tax to pay for the acquisition of such site, and may combine the question of doing so with the questions specified in division (C) of this section. Bonds issued under this division for the purpose of acquiring a site are a general obligation of the school district and are Chapter 133. securities.

The form of that portion of the ballot to include the question of either issuing bonds or levying a tax for site acquisition purposes shall be one of the following:

(1) "Shall bonds be issued by the board of education of the ......... (name of the school district) for the purpose of .......... (purpose of the bond issue, which shall be for the purpose of acquiring a site for classroom facilities) in the principal amount of ........ (principal amount of the bond issue), to be repaid annually over a maximum period of ......... (maximum number of years over which the principal of the bonds may be paid) years, and an annual levy of property taxes be made outside the ten-mill limitation, estimated by the county auditor to average over the repayment period of the bond issue ....... (number of mills) mills for each one dollar of tax valuation, which amount to ....... (rate expressed in dollars and cents) for each one hundred dollars of valuation?"

(2) "Shall an additional levy of taxes be made for the benefit of the ......... (name of the school district) ......... for the purpose ......... (purpose of the levy, which shall be for the purpose of acquiring a site for classroom facilities) in the sum of ......... (annual amount the levy is to produce) and a levy of taxes to be made outside of the ten-mill limitation estimated by the county auditor to average ........ (number of mills) mills for each one hundred dollars of valuation, for a period of ......... (number of years the millage is to be imposed) years?"

Where it is necessary to combine the question of issuing bonds of the school district and levying a tax as described in division (C) of this section with the question of issuing bonds of the school district for acquisition of a site, the question specified in division (C) of this section to be voted on shall be "For the Bond Issues and the Tax Levy" and "Against the Bond Issues and the Tax Levy." In the event it is not necessary to include the question of issuing bonds as described in division (C) of this section, the question specified in that division to be voted on shall be "For the Bond Issue and the Tax Levy" and "Against the Bond Issue and the Tax Levy."

Where it is necessary to combine the question of issuing bonds of the school district and levying a tax as described in division (C) of this section with the question of levying a tax for the acquisition of a site, the question specified in division (C) of this section to be voted on shall be "For the Bond Issue and the Tax Levies" and "Against the Bond Issue and the Tax Levies." In the event it is not necessary to include the question of issuing bonds as described in division (C) of this section, the question specified in that division to be voted on shall be "For the Tax Levies" and "Against the Tax Levies."

If a majority of those voting upon a proposition hereunder which includes the question of issuing bonds vote in favor thereof, and if the agreement provided for by section 3318.08 of the Revised Code has been entered into, the school district board may proceed under Chapter 133. of the Revised Code, with the issuance of bonds or bond anticipation notes in accordance with the terms of the agreement.

Sec. 3318.08. If the requisite favorable vote on the election is obtained, the Ohio school facilities commission, upon certification of the results of the election to it, shall enter into a written agreement with the school district board for the construction and sale of the project, which agreement shall include, but need not be limited to, the following provisions:

(A) The sale and issuance of bonds or notes in anticipation thereof, as soon as practicable after the execution of the agreement, in either an amount which will raise the net bonded indebtedness of the school district, as of the date of the resolution authorizing the issuance of such bonds or notes, to within five thousand dollars of the required level of indebtedness calculated for the year preceding the year in which the resolution declaring the necessity of the election was adopted or an amount equal to the required percentage of the basic project costs, whichever is greater; provided, that if at that time the county treasurer of each county in which the school district is located has not commenced the collection of taxes on the general duplicate of real and public utility property for such year, the school district board shall authorize the issuance of a first installment of bond anticipation notes in an amount specified by the agreement, which amount shall not exceed an amount necessary to raise the net bonded indebtedness of the school district as to the date of such authorizing resolution to within five thousand dollars of the required level of indebtedness for the preceding year. In the event that a first installment of bond anticipation notes is issued, the school district board shall, as soon as practicable after the county treasurer of each county in which the school district is located has commenced the collection of taxes on the general duplicate of real and public utility property for the year in which the resolution declaring the necessity of the election was adopted, authorize the issuance of a second and final installment of bond anticipation notes or a first and final issue of bonds. The combined value of the first and second installment of bond anticipation notes or the value of the first and final issue of bonds shall be equal to either an amount which will raise the net indebtedness of the school district as of the date of such authorizing resolution to within five thousand dollars of the required level of indebtedness, or an amount equal to the required percentage of the project costs, whichever is greater. The proceeds of any such bonds shall be used first to retire any bond anticipation notes. Otherwise, the proceeds of such bonds and of any bond anticipation notes, except the premium and accrued interest thereon, shall be deposited in the school district's project construction fund. In determining the amount of net indebtedness for the purpose of fixing the amount of an issue of either bonds or bond anticipation notes, gross indebtedness shall be reduced by moneys in the bond retirement fund only to the extent of the moneys therein on the first day of the year preceding the year in which the resolution authorizing such bonds or notes is adopted. Should there be a decrease in the tax valuation of the school district so that the amount of indebtedness which can be incurred on the tax duplicates for the year in which the resolution declaring the necessity of the election was adopted is less than the amount of the first installment of bond anticipation notes, there shall be paid from the school district's project construction fund to the school district's bond retirement fund to be applied against such notes an amount sufficient to cause the net indebtedness of the school district, as of the first day of the year following the year in which the resolution declaring the necessity of the election was adopted, to be within five thousand dollars of the required level of indebtedness for the year in which that resolution was adopted. The maximum amount of indebtedness to be incurred by any school district board as its share of the cost of the project is either an amount which will cause its net indebtedness, as of the first day of the year following the year in which the resolution declaring the necessity of the bond issue was adopted, to be within five thousand dollars of the required level of indebtedness calculated for the year preceding the year in which that resolution was adopted or an amount equal to the required percentage of the basic project costs, whichever is greater. All bonds and bond anticipation notes shall be issued in accordance with Chapter 133. of the Revised Code, and notes may be renewed as provided in section 133.22 of the Revised Code.

(B) The transfer of such funds of the school district board available for the project, together with the proceeds of the sale of the bonds or notes, except premium, accrued interest, and interest included in the amount of the issue, to the school district's project construction fund;

(C) The levy of the tax authorized at the election for the payment of maintenance costs or the cost of purchasing the classroom facilities;

(D) Ownership of the project during the period of construction, which shall be divided between the commission and the school district board in proportion to their respective contributions to the school district's project construction fund;

(E) The transfer of the state's interest in the project to the school district upon completion of the project;

(F) The insurance of the project by the school district from the time there is an insurable interest therein and so long as any part of the purchase price remains unpaid, in such amounts and against such risks as the commission shall require; provided, that the cost of any required insurance until the project is completed shall be a part of the basic project cost;

(G) The certification by the director of budget and management that funds are available and have been set aside to meet the state's share of the basic project cost as approved by the controlling board pursuant to section 3318.04 of the Revised Code;

(H) Authorization of the school district board to advertise for and receive construction bids for the project, for and on behalf of the commission, and to award contracts in the name of the state subject to approval by the commission;

(I) Provisions for the disbursement of moneys from the school district's project account upon issuance by the commission or the commission's designated representative of vouchers for work done to be certified to the commission by the treasurer of the school district board;

(J) Disposal of any balance left in the school district's project construction fund upon completion of the project;

(K) Prohibition against alienation of any interest in the project by the school district board or its successor in interest without the consent of the commission so long as any part of the purchase price of the project remains unpaid, but in no case longer than twenty-three years;

(L) Limitations upon use of the project or any part of it so long as any part of the purchase price of the project remains unpaid, but in no case longer than twenty-three years;

(M) Suspension of the power to issue bonds or notes by the school district board for permanent improvements without the prior consent of the commission for so long as any part of the purchase price of the project remains unpaid, but in no case longer than twenty-three years;

(N) Provision for vesting absolute interest in the project in the school district board when the purchase price has been paid or at the expiration of the period of twenty-three years;

(O)(N) Provision for deposit of an executed copy of the agreement in the office of the commission and the office of the county recorder of the county or counties in which the project is situated;

(P)(O) Provision for termination of the contract and release of the funds encumbered at the time of the conditional approval, if the proceeds of the sale of the bonds of the school district board are not paid into the school district's project construction fund and if bids for the construction of the project have not been taken within such period after the execution of the agreement as may be fixed by the commission;

(Q)(P) Provision for the school district to maintain the project in accordance with a plan approved by the commission;

(R)(Q) Provision that all state funds reserved and encumbered to pay the state share of the cost of the project pursuant to section 3318.03 of the Revised Code be spent on the construction or acquisition of the project prior to the expenditure of any funds provided by the school district to pay for its share of the project cost, unless the school district certifies to the commission that expenditure by the school district is necessary to maintain the tax-exempt status of notes or bonds issued by the school district to pay for its share of the project cost in which case, the school district may commit to spend, or spend, a portion of the funds it provides.

Sec. 3318.10. When such working drawings, specifications, and estimates of cost have been approved by the school district board and the Ohio school facilities commission, the treasurer of the school district board shall advertise for construction bids for the project once a week for four THREE consecutive weeks in a newspaper published in and of general circulation in the county in which the project is located. Such notices shall state that plans and specifications for the project are on file in the office of the commission and such other place as may be designated in such notice, and the time and place when and where bids therefor will be received.

The form of proposal to be submitted by bidders shall be supplied by the commission. Bidders may be permitted to bid upon all the branches of work and materials to be furnished and supplied, upon any branch thereof, or upon all or any thereof.

A proposal shall be invalid and not considered unless it meets the requirements of section 153.54 of the Revised Code.

When the construction bids for all branches of work and materials have been tabulated, the commission shall cause to be prepared a revised estimate of the basic project cost based upon the lowest responsible bids received. If such revised estimate exceeds the estimated basic project cost as approved by the controlling board pursuant to section 3318.04 of the Revised Code, no contracts may be entered into pursuant to this section unless such revised estimate is approved by the commission and by the controlling board referred to in section 3318.04 of the Revised Code. When such revised estimate has been prepared, and after such approvals are given, if necessary, and if the school district board has caused to be transferred to the project construction fund the proceeds from the sale of the first or first and final installment of its bonds or bond anticipation notes pursuant to the provision of written agreement required by division (B) of section 3318.08 of the Revised Code, and when the director of budget and management has certified that there is a balance in the appropriation, not otherwise obligated to pay precedent obligations, pursuant to which the state's share of such revised estimate is required to be paid, the contract for all branches of work and materials to be furnished and supplied, or for any branch thereof as determined by the school district board, shall be awarded by the school district board to the lowest responsible bidder subject to the approval of the commission. Such award shall be made within thirty SIXTY days after the date on which the bids are opened, and the successful bidder shall enter into a contract within ten days after the successful bidder is notified of the award of the contract.

Subject to the approval of the commission, the school district board may reject all bids and readvertise. Any contract made under this section shall be made in the name of the state and executed on its behalf by the president and treasurer of the school district board.

The provisions of sections 153.50 to 153.99 of the Revised Code, which are applicable to construction contracts of boards of education and which permit bids to be made for two or more trades or kinds of work, shall apply to construction contracts for the project to the exclusion of sections 153.01 to 153.20 of the Revised Code applicable to state construction contracts.

The remedies afforded to any subcontractor, materials supplier, laborer, mechanic, or persons furnishing material or machinery for the project under sections 1311.26 to 1311.32 of the Revised Code, shall apply to contracts entered into under this section and the itemized statement required by section 1311.26 of the Revised Code shall be filed with the school district board.

Sec. 3323.091. (A) The department of mental health, the department of mental retardation and developmental disabilities, the department of youth services, and the department of rehabilitation and correction shall establish and maintain special education programs for handicapped children in institutions under their jurisdiction according to standards adopted by the state board of education. The superintendent of each institution providing special education under this chapter may apply to the state department of education for unit funding, which shall be paid in accordance with section SECTIONS 3317.161 AND 3317.162 of the Revised Code.

(B) On or before the thirtieth day of June of each year, the superintendent of each institution that during the school year provided special education pursuant to this section shall prepare a statement for each handicapped child under twenty-two years of age who has received special education. The statement shall contain the child's name and the name of the child's school district of residence. Within sixty days after receipt of such statement, the department of education shall perform one of the following:

(1) For any child except a handicapped preschool child described in division (B)(2) of this section, pay to the institution submitting the statement an amount equal to the tuition calculated under division (A) of section 3317.08 of the Revised Code for the period covered by the statement, and deduct the same from the amount of state funds, if any, payable under sections 3317.022 and 3317.023 of the Revised Code, to the child's school district of residence or, if the amount of such state funds is insufficient, require the child's school district of residence to pay the institution submitting the statement an amount equal to the amount determined under this division.

(2) For any handicapped preschool child not included in a unit approved under division (B) of section 3317.05 of the Revised Code, perform the following:

(a) Pay to the institution submitting the statement an amount equal to the tuition calculated under division (B) of section 3317.08 of the Revised Code for the period covered by the statement, except that in calculating the tuition under that section the operating expenses of the institution submitting the statement under this section shall be used instead of the operating expenses of the school district of residence;

(b) Deduct from the amount of state funds, if any, payable under sections 3317.022 and 3317.023 of the Revised Code to the child's school district of residence an amount equal to the amount paid under division (B)(2)(a) of this section.

Sec. 3323.12. The board of education of a school district shall provide home instruction for handicapped children three to twenty-one years of age who are unable to attend school, even with the help of special transportation. The board may arrange for the provision of home instruction for a child by a cooperative agreement or contract with a county board of mental retardation and developmental disabilities or other educational agency. For the purposes of determining average formula ADM under section 3317.03 of the Revised Code, five hours of home instruction shall be equivalent to attendance for five school days.

Sec. 3345.122. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A MEMBER OF A BOARD OF TRUSTEES OF AN INSTITUTION OF HIGHER EDUCATION, AS DEFINED IN SECTION 3345.12 of the Revised Code, IS NOT LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO PERSON OR PROPERTY THAT ALLEGEDLY IS CAUSED BY AN EXPENDITURE MADE OR A CONTRACT ENTERED INTO BY THE INSTITUTION OF HIGHER EDUCATION UNLESS THE TRUSTEE ACTED WITH MALICIOUS PURPOSE, IN BAD FAITH, OR IN A WANTON OR RECKLESS MANNER WITH RESPECT TO THE EXPENDITURE OR CONTRACT.

Sec. 3704.14. (A) As used in this section:

(1) "Basic motor vehicle inspection and maintenance program" or "basic program" means a motor vehicle inspection and maintenance program that complies with the requirements governing motor vehicle inspection and maintenance programs under the "Clean Air Act Amendments" and that is not an enhanced motor vehicle inspection and maintenance program.

(2) "Clean Air Act Amendments" means the "Clean Air Act Amendments of 1990," 91 Stat. 685, 42 U.S.C.A. 7401, as amended, and regulations adopted under it.

(3) "Contractor" means any person who has entered into a contract under division (D) of this section.

(4) "District of registration" means the district of registration of a motor vehicle as determined under section 4503.10 of the Revised Code.

(5) "Enhanced motor vehicle inspection and maintenance program" or "enhanced program" means a motor vehicle inspection and maintenance program that complies with the requirements governing an enhanced motor vehicle inspection and maintenance program under the "Clean Air Act Amendments."

(6) "Licensee" means any person licensed under division (C) of this section.

(7) "Metropolitan planning organization" means a metropolitan planning organization designated under section 9(a) of the "Federal-Aid Highway Act of 1962," 76 Stat. 1148, 23 U.S.C.A. 134, as amended.

(8) "Motor vehicle" and "vehicle" have the same meanings as in section 4501.01 of the Revised Code.

(9) "Waiver limit" means the cost of repairs needed for a motor vehicle to pass a motor vehicle emissions inspection under this section above which the owner of the motor vehicle need not have the repairs performed on the vehicle and may receive a waiver under division (F) of this section. For a motor vehicle the district of registration of which is OR IS LOCATED in a county classified as moderate nonattainment that is subject to a basic or an enhanced motor vehicle inspection and maintenance program, "waiver limit" means more than one hundred dollars for a vehicle of a 1980 or earlier model year and more than two hundred dollars for a vehicle of a 1981 or later model year. For a motor vehicle the district of registration of which is in a county classified as serious, severe, or extreme nonattainment and that is subject to an enhanced motor vehicle inspection and maintenance program, "waiver limit" means more than four hundred fifty dollars. "Waiver limit" also includes the cumulative amount of the annual adjustments to each of the amounts specified in this division made by the director pursuant to regulations adopted under section 502(b)(3)(B)(v) of the "Clean Air Act Amendments." "Waiver limit" does not include the cost of any repairs performed on a vehicle for the purpose of restoring the vehicle in accordance with the findings of the visual anti-tampering portion of a motor vehicle emissions inspection conducted under this section.

(B) The director of environmental protection shall implement and supervise a motor vehicle inspection and maintenance program in any county classified as moderate, serious, severe, or extreme nonattainment for carbon monoxide or ozone in accordance with the "Clean Air Act Amendments." The director shall implement and supervise a basic or an enhanced motor vehicle inspection and maintenance program in a county that is within an area classified as nonattainment for carbon monoxide or ozone when such a program is included in the air quality maintenance plan or contingency plan for the nonattainment area that includes the county and that is submitted to the United States environmental protection agency by the director as required under section 175A of the "Clean Air Act Amendments" as part of a request for redesignation of the nonattainment area as attainment for carbon monoxide or ozone under section 107(d) of that act, and the director determines that the conditions requiring implementation of such a program and set forth in either such plan have been met. The director shall implement and supervise the enhanced program in any county as required under section 3704.142 of the Revised Code. The director may terminate the program in any county that is subject to this section in accordance with division (K)(2) of this section. The director shall adopt, and may amend or rescind, rules to facilitate the implementation, supervision, administration, operation, and enforcement of the program, including, without limitation, rules providing for all of the following:

(1) The form of all inspection certificates, distribution of inspection certificates to reinspection stations licensed under division (C) of this section, and form and distribution of any other papers or documents necessary or convenient to the program. The rules shall include, without limitation, the requirement that all inspection certificates bear a statement that reads: "This automobile inspection is the result of requirements under the Clean Air Act Amendments enacted by the United States Congress. Any questions or comments you may have about this program may be directed to your United States senator in care of the United States Senate, The Capitol, Washington, D.C. 20510 or to your United States representative in care of The THE United States House of Representatives, The Capitol, Washington, D.C. 20515."

(2) The replacement of lost or stolen certificates, papers, or documents;

(3) Inspection procedures and standards to be used in motor vehicle emissions inspections conducted under this section, including, without limitation, a requirement that the inspections test for carbon monoxide and hydrocarbons at idle or loaded mode conditions; a requirement that the inspections test opacity for particulates for diesel fueled vehicles; standards establishing maximum allowable emissions of those pollutants, for both gasoline fueled and diesel fueled vehicles, for each model year of motor vehicles inspected; a requirement that beginning with the 1994 model year, the inspections utilize the on-board diagnostic computer links mandated by the "Clean Air Act Amendments"; requirements governing the computerized exhaust analyzer system to be used by any contractor conducting inspections and any licensees conducting reinspections; tampering parameter inspection procedures and standards to be used in the visual anti-tampering portion of an inspection conducted under this section; requirements governing the engine tune-up that shall be performed on any motor vehicle that fails an inspection conducted under this section, including, without limitation, requirements that specific items be checked and repaired, replaced, or adjusted as necessary to restore the motor vehicle to proper working order or specifications; tailpipe emissions improvement requirements specified by percentage; a waiver repair verification system; and any other necessary waiver procedures for motor vehicles that fail an inspection under this section;

(4) A system for the maintenance and reporting of inspection and reinspection station data and records;

(5) The manner of identifying exempt vehicles;

(6) Inspection, and supervision thereof, of fleets and governmental vehicles under divisions (G) and (H) of this section;

(7) Establishment of specifications for an identification sign that reinspection stations licensed under division (C) of this section shall display in a conspicuous manner;

(8) The issuance of motor vehicle inspection certificates only to reinspection stations licensed under division (C) of this section that continue to comply with this section;

(9) The surveillance of reinspection stations licensed under division (C) of this section and of inspection stations operated by any contractor hired to conduct inspections under this section to ensure that quality testing and this section and rules adopted under it are being adhered to throughout the inspection and reinspection process;

(10) The information to be included in applications for licenses filed under division (C) of this section and the procedure for filing those applications;

(11) The establishment of a referee inspection system by the director to resolve disagreements between owners of motor vehicles and inspection and reinspection stations regarding inspection and reinspection results, including, without limitation, procedures for the collection of an inspection fee that a referee inspection station may charge for any motor vehicle inspection conducted by it. The fee shall not exceed the amount of the inspection or reinspection fee paid by the owner of the motor vehicle established under division (D)(7) of this section for the original inspection or a reinspection of the motor vehicle under this section.

(12) The locations of computerized, high-volume, contractor-operated motor vehicle inspection stations conducting inspections for the purposes of this section. The rules shall require both of the following:

(a) In urban metropolitan statistical areas and consolidated metropolitan statistical areas, as defined by the bureau of the census in the United States department of commerce, eighty per cent of the population that is subject to this section be no more than five miles from an inspection station and one hundred per cent of that population be no more than ten miles from an inspection station;

(b) In rural areas, as defined by the bureau of the census in the United States department of commerce, one hundred per cent of the population that is subject to this section be no more than fifteen miles from an inspection station.

(13) A requirement that contractor-operated inspection stations conducting inspections under this section be in operation for at least forty-five hours per week, which shall include, without limitation, operating hours in the evening and on Saturdays;

(14) A requirement that any contractor hired to conduct inspections under this section not allow vehicle waiting time to exceed an average of fifteen minutes and the establishment of minimum performance penalties for failure to comply with that requirement;

(15) An adequate queuing area, as determined by the director, at each contractor-operated inspection station conducting inspections under this section. The rules adopted under division (B)(15) of this section shall not arbitrarily discriminate against any person who can reasonably CAN be expected to submit a proposal under this section for any contract provided for in division (D) of this section.

(16) Conditions for the suspension and revocation of licenses and inspector certifications issued under this section;

(17) The commencement date of the basic motor vehicle inspection and maintenance program established under this section shall be July 1, 1994, in all affected counties classified as moderate nonattainment for carbon monoxide or ozone under the "Clean Air Act Amendments" on the effective date of this amendment SEPTEMBER 27, 1993, other than Cuyahoga county. The commencement date of the enhanced program in a county so classified as moderate nonattainment for carbon monoxide or ozone on the effective date of this amendment SEPTEMBER 27, 1993, for which the implementation and supervision of the enhanced program was requested under section 3704.142 of the Revised Code shall be January 1, 1995. The commencement date of the program in any other affected counties, other than Cuyahoga county, shall be the date established by the director.

(18) A requirement that reinspections under the enhanced motor vehicle inspection and maintenance program be conducted only by a contractor hired to conduct inspections under this section;

(19) A requirement that each inspection station operated by a contractor, each licensed reinspection station, and each referee inspection station, prominently display in a location that is readily visible to persons whose motor vehicles are being tested pursuant to this section a sign that contains the same language that is required to be printed on inspection certificates under division (B)(1) of this section.

(C)(1) The director of environmental protection shall issue licenses for reinspection stations for the purposes of the basic motor vehicle inspection and maintenance program established under this section for two-year periods, except that for the initial license period for any station, the director may issue the license for a period not to exceed five years. The director may include terms and conditions as part of any license issued to ensure compliance with this section and rules adopted under it.

The director may issue a license for each reinspection station for which an application is filed that complies with this section and rules adopted under it. Each application shall include both of the following:

(a) A nonrefundable fee of one hundred dollars for each initial license or a nonrefundable fee of fifty dollars for renewal of any license;

(b) A demonstration that the reinspection station will comply with this section and the director's rules adopted under it.

(2) Each licensee shall conduct reinspections as required by the director's rules. The licensee shall provide an inspection certificate for vehicles that pass a reinspection under this section.

(3) A licensee shall charge the fee under the basic program that is established under division (D)(7) of this section for any reinspection performed by the licensee under this section.

(4) A licensee may charge each person for services. However, fees for reinspection shall be separately stated from any other charge to the person.

(5) No licensee shall require as a condition of performing a reinspection that any needed repairs or adjustments to a vehicle be done by the licensee.

(6) A licensee shall maintain and make available for inspection by the director or the director's authorized representative accurate records as required by rules adopted under this section.

(7) The director shall credit the moneys the director receives under division (C) of this section to the motor vehicle inspection and maintenance fund created in division (I) of this section.

(D)(1) The initial motor vehicle inspections conducted under the basic motor vehicle inspection and maintenance program, and all inspections and reinspections conducted under the enhanced program, required under this section shall be conducted by one or more private contractors. The director of administrative services shall issue and award contracts pursuant to a request for proposal process. In doing so, the director shall consider factors in the interest of consumers, including at least consumer price, service quality, service delivery time, and convenience. The director shall use the director's best efforts to secure as many proposals as possible for each contract to be entered into under division (D) of this section, which shall include the division of the state into independent zones for the purpose of submission of the proposals and awarding of the contracts. Each such zone shall consist of a consolidated metropolitan statistical area or, if such an area does not exist, of a metropolitan statistical area, as defined by the bureau of the census of IN the United States department of commerce.

Contracts awarded under division (D) of this section are subject to section 153.012 of the Revised Code. For the purpose of that section, the operation of the motor vehicle inspection and maintenance program is hereby deemed to be a public improvement.

The director shall not enter into a contract for the purposes of this section with any person holding a current, valid contract to act as a deputy registrar under section 4503.03 of the Revised Code.

A contractor shall be paid from moneys generated by the applicable inspection fee established by the director of environmental protection under division (D)(7) of this section. No general revenue funds shall be used to pay any contractor. A contractor shall assume, or in accordance with a lease required under division (E) of this section shall provide for the assumption of, all initial capital investment costs of the motor vehicle inspection and maintenance program established under this section with regard to the initial inspections and reinspections required to be conducted by a contractor under this section and shall amortize, or in accordance with such a lease shall provide for the amortization of, those costs over the period of the initial contract.

(2) The director of administrative services shall require each potential contractor to include as a part of the potential contractor's proposal detailed information concerning, without limitation, all of the following:

(a) The financial condition of the potential contractor;

(b) Any specialized experience and technical competence of the potential contractor in connection with the type of services required for the program;

(c) The potential contractor's past record of performance with other government agencies or public entities and with private industry, including, without limitation, such matters as the ability to meet schedules and the names of persons who will serve as references concerning the quality of the potential contractor's work;

(d) The capacity of the potential contractor to perform the work within the specified time limitations;

(e) The potential contractor's proposed method and equipment to accomplish the work required;

(f) The person from whom the potential contractor proposes to lease real property, including land, buildings, and other structures, necessary for the operation of the program as required in division (E) of this section, including information concerning at least all of the following:

(i) Any specialized experience and technical competence of the person;

(ii) The person's past record of performance with other government agencies or public entities and with private industry, including the ability to meet schedules;

(iii) Names of individuals who will serve as references concerning the quality of the person's work;

(iv) The capacity of the person to perform the work within the specified time limitations.

(g) The potential contractor's proposed schedule for leasing of inspection sites, equipping of facilities, training of personnel, and implementation of a public education program.

Each potential contractor shall include with the potential contractor's proposal a signed statement from the person identified under division (D)(2)(f) of this section indicating that the person understands the applicable requirements established under this section and rules adopted under it and intends to comply with those requirements.

(3) The director of administrative services shall require a performance bond of not less than one million dollars. Each proposal shall be accompanied by a letter of commitment from a bonding company stating that if the proposal is accepted, the bonding company will issue such a bond.

(4)(a) The director of administrative services shall review all information submitted with proposals under division (D)(2) of this section for compliance with proposal specifications. The director may require any potential contractor to supplement the potential contractor's proposal with oral commentary for clarification of the proposal document and to determine the qualifications of the potential contractor. Any clarification of information included in the proposal also shall be in writing. The director shall reject the proposal of any potential contractor whom the director determines to be unqualified.

(b) Although the director may require clarification of information submitted with a proposal in accordance with division (D)(4)(a) of this section, the director shall not change the proposal specifications for a contract following the issuance of the request for proposals for that contract.

(5)(a) The director of administrative services shall award an initial contract for a period of operation of not more than ten years. Except as otherwise provided in division (D)(5)(b) of this section, a contract may be renewed for periods of not more than five years each, by mutual agreement of the director and the contractor. Any contract awarded under division (D)(5)(a) of this section is subject to the approval of the controlling board.

(b) If the implementation and supervision of the enhanced motor vehicle inspection and maintenance program in Cuyahoga county is requested under section 3704.142 of the Revised Code and the initial contract for the operation of the motor vehicle inspection and maintenance program in that county is modified to provide for the operation of the enhanced program in that county, the initial contract for the operation of the motor vehicle inspection and maintenance program in that county that is in effect on the effective date of this amendment SEPTEMBER 27, 1993, as so modified, may be renewed for a period of not more than ten years so that the first renewal of that contract will expire on the same date as the initial contract for the operation of the enhanced program in the other counties in the same nonattainment area as Cuyahoga county. That first renewal shall be made by mutual agreement of the director and the contractor and is subject to the approval of the controlling board. Any subsequent renewals of the contract for the operation of the program in Cuyahoga county are subject to division (D)(5)(a) of this section.

(6) A contract entered into under division (D) of this section shall include, without limitation, all of the following provisions:

(a) A requirement that the contractor enter into a lease with the person identified in the contractor's proposal under division (D)(2)(f) of this section for real property, including land, buildings, and other structures, necessary for the operation of the program as required in division (E) of this section;

(b) A requirement that the contractor provide any equipment, parts, tools, services, personnel, supplies, materials, and program software and software updates, and design and implement a comprehensive public information program, necessary to conduct motor vehicle inspections and reinspections required to be conducted by a contractor under this section and data communication links for reinspection stations licensed under division (C) of this section;

(c) A provision allowing reasonable compensation, as determined by the director of environmental protection, as liquidated damages to the contractor if the motor vehicle inspection and maintenance program established under this section is terminated by law or its operation is discontinued during the term of a contract or renewal, including, without limitation, reasonable compensation for the unamortized costs of the buildings, improvements, equipment, parts, tools, services, supplies, and materials used by the contractor in the operation of the program and the value of the remaining term of the contract to the contractor. If a dispute arises as to the amount of the compensation to be paid, it shall be submitted to and determined by the court of claims under Chapter 2743. of the Revised Code. The contractor shall remit any compensation so received for the unamortized costs of the buildings and improvements to the person with whom the contractor has entered into a lease in accordance with division (E) of this section.

(d) A provision specifying that the forms for inspection certificates are to be furnished by the contractor to the director of environmental protection and that they shall conform to the standards established by the director of environmental protection in rules adopted under division (B)(1) of this section. The director of environmental protection shall distribute the inspection certificates to reinspection stations licensed under division (C) of this section as needed.

(e) A provision allowing the director to require the contractor to upgrade testing equipment in response to improvements in technology and to negotiate reasonable compensation for that upgrading.

(7) The director of environmental protection shall establish inspection and reinspection fees to be paid by owners of motor vehicles inspected under this section, provided that an owner shall pay the inspection fee for the initial, annual, or biennial inspection, as appropriate, only if the owner's vehicle passes that inspection. The. BEGINNING JULY 1, 1998, OR FIFTEEN DAYS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, WHICHEVER IS LATER, AN OWNER SHALL PAY THE INSPECTION FEE FOR EACH INITIAL INSPECTION CONDUCTED ON THE OWNER'S MOTOR VEHICLE DURING EACH INSPECTION PERIOD. AN OWNER SHALL NOT PAY THE REINSPECTION FEE FOR A FIRST REINSPECTION CONDUCTED ON THE OWNER'S MOTOR VEHICLE, IF A REINSPECTION IS REQUIRED, UNLESS AN INSPECTION FEE WAS NOT COLLECTED FOR THE MOTOR VEHICLE'S INITIAL INSPECTION. AN OWNER SHALL PAY THE REINSPECTION FEE FOR THE SECOND AND EACH SUBSEQUENT REINSPECTION CONDUCTED ON THE OWNER'S MOTOR VEHICLE, IF ANY, DURING EACH INSPECTION PERIOD.

THE fees shall be sufficient to provide the contractor's compensation identified in any contract entered into under division (D) of this section plus the costs of the environmental protection agency in implementing and administering the motor vehicle inspection and maintenance program established in this section. The inspection and reinspection fees shall not differ in amount and shall not exceed ten dollars and fifty cents under the basic motor vehicle inspection and maintenance program or twenty-five dollars under the enhanced program. The director, during the term of a contract or renewal, may increase the inspection and reinspection fees if the director determines that it is necessary to cover costs of the program, including increased costs resulting from any upgrading of testing equipment pursuant to division (D)(6)(e) of this section, or to prevent a possible breach of contract, but shall not increase the fees above ten dollars and fifty cents under the basic program or twenty-five dollars under the enhanced program.

(8) The contractor shall do both of the following:

(a) Collect the fees established under division (D)(7) of this section and forward to the director of environmental protection the portion due the environmental protection agency;

(b) Maintain and make available for inspection by the director of environmental protection, the auditor of state, or their authorized representatives accurate records concerning the collection of the fees. For the purposes of division (D)(8)(b) of this section, record-keeping and accounting practices shall be approved by the director. Failure to maintain or falsification of fee collection records is grounds for breach of contract.

(9) The director of environmental protection shall credit the moneys the director receives under division (D)(8)(a) of this section to the motor vehicle inspection and maintenance fund created in division (I) of this section.

(10) A contractor shall maintain and make available for inspection by the director of environmental protection or the director's authorized representative accurate records as required by rules adopted under this section.

(11) If a contractor fails to perform an obligation imposed by the contract entered into under division (D) of this section, the director of environmental protection shall request the attorney general to bring a civil action to recover the amount of the bond executed under division (D)(3) of this section as well as other appropriate relief. The director shall deposit any moneys recovered in such a civil action in the motor vehicle inspection and maintenance fund created in division (I) of this section.

(12) The director of environmental protection shall compile and periodically revise lists of reinspection stations licensed under division (C) of this section and located within individual areas that are subject to the basic motor vehicle inspection and maintenance program under this section. Each such list also shall contain the locations of inspection stations operated by a contractor within the applicable area. A contractor shall provide the appropriate list to any owner whose motor vehicle fails the initial inspection required under this section.

(13) The director of environmental protection shall compile and periodically revise lists of inspection stations operated by a contractor located within individual areas subject to the enhanced motor vehicle inspection and maintenance program under this section. A contractor shall provide the appropriate list to any owner whose motor vehicle fails the initial inspection required under this section.

(14) No owners, officers, or employees of a contractor submitting a proposal or awarded a contract under division (D) of this section shall have a principal interest in the person identified by the contractor under division (D)(2)(f) of this section or in any reinspection station licensed under division (C) of this section.

(15) The department of administrative services may issue to the environmental protection agency a release and permit under section 125.06 of the Revised Code pursuant to which that agency may issue and award a contract or contracts under division (D) of this section. If a release and permit is issued, any reference to the director of administrative services under divisions (D) and (E) of this section is deemed to be a reference to the director of environmental protection.

(E)(1) Notwithstanding section 3704.01 of the Revised Code, as used in division (E) of this section, "person" has the same meaning as in section 1.59 of the Revised Code.

(2) In order to fulfill the requirements of this section and to comply with the "Clean Air Act Amendments," any contractor that is awarded one or more contracts under division (D) of this section shall enter into one or more assignable and renewable leases with another person for the rental and use of real property, including land, buildings, and other structures.

(3) The director of administrative services shall require a contractor to make assignments of all leases under which the contractor is lessee for real property to another contractor awarded a contract under division (D) of this section. The director shall require any contractor that is awarded a subsequent contract under that division to renew the lease into which the contractor entered under division (E)(2) of this section, or, if a different contractor is awarded such a subsequent contract, the director shall require that contractor to enter into a lease with the person who was the lessor of the previous contractor.

(F)(1)(a) Except as otherwise provided in this section and rules adopted under it, the owner of any self-propelled motor vehicle the district of registration of which is or is located in a county that is subject to this section shall have the vehicle inspected annually, within three hundred sixty-five days prior to the registration deadline established pursuant to rules adopted under section 4503.101 of the Revised Code, by a contractor in accordance with rules adopted under division (B)(3) of this section if that county is subject to the basic motor vehicle inspection and maintenance program pursuant to rules adopted under that division or shall have the vehicle so inspected biennially within three hundred sixty-five days prior to the registration deadline so established if that county is subject to the enhanced program pursuant to those rules. If the district of registration of the motor vehicle is or is located in a county that is subject to the enhanced program pursuant to rules adopted under division (B)(3) of this section, the owner of the motor vehicle shall have it inspected and, if necessary, reinspected only in a county that is subject to the enhanced program under those rules. Any motor vehicle that fails the inspection shall be reinspected in accordance with rules adopted under that division. If the owner's vehicle passes the inspection or any reinspection, the THE owner, at the time of the INITIAL inspection or AND THE SECOND AND EACH SUBSEQUENT reinspection, IF ANY, shall pay the applicable fee established under division (D)(7) of this section. An owner of a motor vehicle the district of registration of which is or is located in a county that is subject to the basic program under this section and for which a multi-year registration is in effect under section 4503.103 of the Revised Code or rules adopted under it, in each of the years intervening between the year of the issuance of that registration and its expiration, shall have the vehicle inspected annually within the three hundred sixty-five days prior to the anniversary of the registration deadline applicable in the year in which the multi-year registration was issued. An owner of a motor vehicle the district of registration of which is or is located in a county that is subject to the enhanced program under this section for which a multi-year registration is in effect under section 4503.103 of the Revised Code or rules adopted under it, biennially during the years intervening between the year of issuance of that registration and its expiration, shall have the vehicle inspected within three hundred sixty-five days prior to each of the biennial anniversaries of the registration deadline applicable in the year in which the multi-year registration was issued. An owner who registers a motor vehicle after the registration deadline for the vehicle has passed in a year in which the vehicle is required to be inspected under division (F)(1)(a) of this section may have the vehicle inspected at any time between the registration deadline and the actual registration date.

Division (F)(1) of this section does not require the inspection of a motor vehicle upon transfer of ownership or possession.

Except as otherwise provided in division (F)(3) or (4) of this section, proof that an inspection certificate was issued for a motor vehicle during the previous twelve months shall be provided before the registrar of motor vehicles may issue license plates for that vehicle under section 4503.40 or 4503.42 of the Revised Code.

The owner of any motor vehicle that is required to be inspected under this section, but that is leased to another person may require the lessee to have the vehicle inspected and obtain the inspection certificate on behalf of the owner.

(b) If a vehicle required to be inspected passes the inspection, the contractor shall give the owner an inspection certificate for the vehicle.

(c) The contractor shall include as part of the inspection required under this section a visual anti-tampering inspection that meets the requirements established by rules adopted under division (B)(3) of this section. If the visual anti-tampering inspection indicates that any emission control device has been removed, modified, or impaired, the owner shall have performed on the vehicle whatever repairs are necessary to pass the visual anti-tampering inspection and to restore the vehicle to its proper condition, including, without limitation, the restoration of any emission control device that was removed, modified, or impaired. If the district of registration of the vehicle is or is located in a county that is subject to the basic motor vehicle inspection and maintenance program under this section, the owner then shall take the vehicle to a contractor or a licensee. If the district of registration of the vehicle is or is located in a county that is subject to the enhanced program under this section, the owner then shall take the vehicle to a contractor. If the contractor or licensee determines that the vehicle has been restored to its proper condition and the vehicle then passes the tailpipe emissions inspection required under this section, the contractor or licensee shall give the owner an inspection certificate for the vehicle.

(d) Except as otherwise provided in division (F)(1)(f) of this section, if a vehicle required to be inspected under this section fails the inspection, and the contractor's visual anti-tampering inspection conducted under division (F)(1)(c) of this section does not reveal any removal, modification, or impairment of an emission control device or, if the original visual anti-tampering inspection revealed such a removal, modification, or impairment, the vehicle again fails the tailpipe emissions inspection after the owner has performed all necessary repairs to restore the vehicle to its proper condition, the owner shall have the cost of repairs necessary to pass the tailpipe emissions inspection estimated by a repair facility, which cost shall include the cost of an engine tune-up. If the cost of the repairs that are necessary for the vehicle to pass the tailpipe emissions inspection do DOES not exceed the waiver limit for that vehicle, the owner shall have the repairs performed on the vehicle. The owner then shall have the vehicle reinspected by a contractor or licensee.

If the vehicle passes the reinspection, the contractor or licensee shall give the owner an inspection certificate for the vehicle. If the vehicle fails the reinspection, and the cost of the repairs already performed on the vehicle is less than the applicable waiver limit, the owner shall have additional repairs performed on the vehicle in order to enable it to pass another reinspection. If, after repairs costing at least the applicable waiver limit have been performed on the vehicle under division (F)(1)(d) of this section, the vehicle fails the reinspection, but the reinspection indicates an improvement in tailpipe emissions of the pollutant concerning which the vehicle initially failed the inspection as specified in rules adopted under division (B)(3) of this section and if, following the repairs, no emission levels increase above the standard established by rules adopted under that division for any pollutant concerning which the vehicle did not initially fail, the contractor shall give the owner an inspection certificate for the vehicle that includes a waiver indicating that the vehicle did not pass the required inspection, but that the owner had repairs costing at least the applicable waiver limit performed on the vehicle.

For the purposes of divisions (F)(1)(d) to (f) of this section, only a contractor may do either of the following:

(i) Issue inspection certificates that include waivers;

(ii) Notwithstanding any provision of those divisions, conduct reinspections of vehicles the district of registration of which is or is located in a county that is subject to the enhanced program under this section.

(e) Except as otherwise provided in division (F)(1)(f) of this section, if the cost of the repairs that are necessary for the vehicle to pass the tailpipe emissions inspection is estimated to be more than the applicable waiver limit, the owner need not have all of those repairs performed on the vehicle, but shall have an engine tune-up performed on the vehicle that meets the standards established by rules adopted under division (B)(3) of this section as well as any other necessary repairs the cost of which, together with the cost of the engine tune-up, equals at least the applicable waiver limit. Upon the owner's presentation of original repair receipts attesting that repairs costing at least the applicable waiver limit, including, without limitation, the engine tune-up required under division (F)(1)(e) of this section, have been performed on the vehicle, the contractor or licensee shall reinspect the vehicle to determine the effectiveness of the required engine tune-up. If the reinspection indicates an improvement in tailpipe emissions of the pollutant concerning which the vehicle initially failed the inspection as specified in rules adopted under division (B)(3) of this section and if, following the engine tune-up, no emission levels increase above the standard established by rules adopted under that division for any pollutant concerning which the vehicle did not initially fail, the contractor shall give the owner an inspection certificate for the vehicle that includes a waiver indicating that the vehicle did not pass the required inspection, but that the owner complied with all requirements governing waivers.

(f) If a vehicle required to be inspected under this section fails the inspection, and the contractor's visual anti-tampering inspection conducted under division (F)(1)(c) of this section does not reveal any removal, modification, or impairment of an emission control device or, if the original visual anti-tampering inspection revealed such a removal, modification, or impairment, the vehicle again fails the tailpipe emissions inspection after the owner has performed all necessary repairs to restore the vehicle to its proper condition, the owner may perform the repairs necessary for the vehicle to pass the tailpipe emissions inspection. The owner shall keep a detailed record of the costs incurred in performing those repairs. After performing repairs on the vehicle costing not more than the applicable waiver limit, the owner shall have the vehicle reinspected by the contractor or a licensee.

If the vehicle passes the reinspection, the contractor or licensee shall give the owner an inspection certificate for the vehicle. If the vehicle fails the reinspection and the documented cost of the repairs performed by the owner is less than the applicable waiver limit, the owner shall have the cost of repairs necessary to pass the tailpipe emissions inspection estimated by a repair facility. The estimate shall include, without limitation, the cost of an engine tune-up that meets the standards established by rules adopted under division (B)(3) of this section. If the cost of the engine tune-up, together with the documented cost of the repairs performed by the owner, does not exceed the applicable waiver limit, the owner shall have the engine tune-up performed on the vehicle as well as any other necessary repairs the cost of which, together with that documented cost and the cost of the engine tune-up, equals at least the applicable waiver limit.

If the documented cost of repairs performed by the owner and the estimated cost of an engine tune-up that meets the standards established in rules adopted under division (B)(3) of this section exceed the applicable waiver limit, the owner shall have additional repairs performed on the vehicle by a repair facility in order to enable it to pass another reinspection or until a minimum expenditure equal to the applicable waiver limit is met, whichever occurs first.

If, after repairs costing at least the applicable waiver limit have been performed on the vehicle under division (F)(1)(f) of this section, the vehicle fails the tailpipe reinspection, but the reinspection indicates an improvement in the tailpipe emissions of the pollutant concerning which the vehicle initially failed the inspection as specified in rules adopted under division (B)(3) of this section and if, following the repairs, no emission levels increase above the standard established by rules adopted under that division for any pollutant concerning which the vehicle did not initially fail, the contractor shall give the owner an inspection certificate for the vehicle that includes a waiver indicating that the vehicle did not pass the required inspection, but that the owner performed or had performed on the vehicle repairs costing at least the applicable waiver limit.

(g) If a motor vehicle that is required to be inspected under this section is covered by a valid and unexpired emission performance warranty as provided under section 207(b) of the "Clean Air Act Amendments," the owner shall have any repairs necessary for the vehicle to pass that inspection performed on the vehicle under that warranty. Such a vehicle is not eligible for a waiver under division (F)(1)(d), (e), or (f) of this section.

(2) An owner or lessee of a motor vehicle required to be inspected under this section and applicable rules adopted under it shall present an inspection certificate issued for that vehicle by a contractor or a licensee under this section when registering the vehicle under Chapter 4503. of the Revised Code.

(3) The following motor vehicles are exempt from the inspection requirements of this section and applicable rules adopted under it:

(a) Vehicles over twenty-five years old, as determined by model year, on the date on which proof of an annual inspection otherwise would be required to be submitted with an application for registration of the vehicles under this section and Chapter 4503. of the Revised Code;

(b) Vehicles registered to military personnel assigned to military reservations outside this state, the district of registration of which is or is located in any county that is subject to this section;

(c) Passenger cars and noncommercial motor vehicles, as defined in section 4501.01 of the Revised Code, that weigh over ten thousand pounds gross vehicle weight;

(d) Commercial cars, as defined in section 4501.01 of the Revised Code, having a taxable gross vehicle weight of more than ten thousand pounds as provided in section 4503.042 of the Revised Code;

(e) Historical vehicles registered under section 4503.181 of the Revised Code;

(f) Licensed collector's vehicles as defined in section 4501.01 of the Revised Code;

(g) Parade and exhibition vehicles registered under section 4503.18 of the Revised Code;

(h) Motorcycles as defined in section 4511.01 of the Revised Code;

(i) Electrically powered and alternatively fueled vehicles, including at least those that are equipped to operate using primarily one hundred per cent propane, butane, hydrogen, alcohol, or natural gas as fuel;

(j) Recreational vehicles as defined in section 4501.01 of the Revised Code.

(4) A motor vehicle, the legal title to which has never been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser as defined in section 4517.01 of the Revised Code, is exempt from the inspection requirements of this section and rules adopted under it for a period of one year commencing on the date when the first certificate of title to the vehicle was issued on behalf of the ultimate purchaser under Chapter 4503. of the Revised Code if the district of registration of the vehicle is or is located in a county that is subject to the basic motor vehicle inspection and maintenance program under this section and rules adopted under it or is exempt from those inspection requirements for a period of two years commencing on the date when the first certificate of title to the vehicle was issued on behalf of the ultimate purchaser under that chapter if the district of registration of the vehicle is or is located in a county that is subject to the enhanced program under this section and rules adopted under it.

(5) The director shall notify, by mail, the owners of all motor vehicles, the district of registration of which is or is located in any county that is subject to this section, of the applicable requirements established under this section.

(G) The owner of a fleet of twenty-five or more vehicles required to be inspected under this section, instead of having the owner's motor vehicles inspected by a contractor or reinspected by a contractor or a licensee, may conduct self-inspection of those vehicles in accordance with rules adopted by the director of environmental protection under this section. The rules shall establish, without limitation, requirements governing inspections and reinspections conducted by any such owner, any inspection stations owned and operated by any such owner for that purpose, and inspection equipment used for that purpose; an annual reporting requirement to assist the director in determining compliance with this division; and the method of and procedures for payment of a fee that shall not exceed three dollars for each vehicle that is included in the self-inspection program.

(H) The federal government, the state, any political subdivision, and any agency or instrumentality of those entities, in accordance with rules adopted by the director of environmental protection under this section, shall have inspected by a contractor or reinspected by a contractor or a licensee or shall self-inspect any motor vehicles that they own and operate in any county that is subject to this section. The director shall adopt rules under this section for the purposes of this division. The rules shall establish, without limitation, an annual reporting requirement to assist the director in determining compliance with this division. The director may issue a notice of violation to a governmental entity that the director finds has violated any specific prohibition or has failed to comply with any affirmative requirement of this section or any rule adopted under it. The notice of violation shall set forth the specific violation or failure to comply allegedly committed by the governmental entity and shall be accompanied by an order requiring the governmental entity to pay to the director the appropriate civil penalty prescribed in this division. A governmental entity that receives a notice of violation and order under this division for a violation or failure to comply is liable for a civil penalty of two hundred fifty dollars. The director may request the attorney general to take appropriate action to effect compliance. Notwithstanding division (A) of this section, as used in this division, "motor vehicle" has the same meaning as in section 4511.01 of the Revised Code.

(I) There is hereby created in the state treasury the motor vehicle inspection and maintenance fund, which shall consist of moneys received by the director under this section and section 3704.17 of the Revised Code. The director shall use moneys in the fund solely for administration, supervision, and enforcement of the program established under this section and rules adopted under it and public education concerning the program.

(J) The director periodically shall review the information submitted to the director by licensed reinspection stations pursuant to rules adopted under division (C)(6) of this section, information submitted to the director by any contractor under division (D)(10) of this section, annual reports submitted by motor vehicle fleet owners under division (G) of this section and rules adopted under that division, and the list of motor vehicles for which multi-year registrations are in effect provided to the director under division (I)(2)(b) of section 4503.10 of the Revised Code, as necessary to determine whether owners of motor vehicles who have obtained multi-year registrations under section 4503.103 of the Revised Code or rules adopted under it have complied with the requirement of division (F)(1)(a) of this section to have their vehicles inspected and obtain inspection certificates for them annually or biennially, whichever is applicable. If the director finds from that information that, in a year intervening between the years of issuance and expiration of a multi-year registration in which an owner is required to have a vehicle inspected and obtain an inspection certificate for it under that division, the owner has not done so within the applicable three hundred sixty-five day period, the director immediately shall send written notice of that fact to the registrar of motor vehicles. Upon receipt of information submitted pursuant to rules adopted under division (C)(6) of this section, information submitted under division (D)(10) of this section, or the annual report of a fleet owner submitted pursuant to rules adopted under division (G) of this section indicating that an owner who was the subject of an earlier notice to the registrar under this division has had the vehicle named in the notice inspected and has obtained an inspection certificate for it in compliance with division (F)(1)(a) of this section, the director immediately shall send written notice of that fact to the registrar.

(K)(1)(a) If a redesignation request demonstrating compliance with the national ambient air quality standard for carbon monoxide or ozone in a county designated as nonattainment for carbon monoxide or ozone and demonstrating that operation of a motor vehicle inspection and maintenance program is not necessary for attainment and maintenance of those standards in that county has been submitted to and is pending before the United States environmental protection agency under the "Clean Air Act Amendments," and if no release and permit has been issued to the environmental protection agency under division (D)(14)(15) of this section and section 125.06 of the Revised Code, the director of environmental protection may submit a written request to the director of administrative services to indefinitely delay the issuance of a request for proposals or the award of a contract under division (D) of this section for the operation of a motor vehicle inspection and maintenance program in that county or, if such a request for proposals has been issued under that division, to withdraw it. Upon receipt of such a written request from the director of environmental protection, the director of administrative services shall take the requested actions.

(b) If a release and permit has been issued to the environmental protection agency under division (D)(14)(15) of this section and section 125.06 of the Revised Code, the director of environmental protection may indefinitely delay the issuance of a request for proposals and award of a contract under division (D) of this section for the operation of a motor vehicle inspection and maintenance program or may withdraw any such request that has been issued under that division in connection with a county for which a redesignation request making the demonstrations described in division (K)(1)(a) of this section has been submitted to and is pending before the United States environmental protection agency under the "Clean Air Act Amendments."

(c) If no release and permit has been issued to the environmental protection agency under division (D)(14)(15) of this section and section 125.06 of the Revised Code, the director of environmental protection may submit a written request to the director of administrative services to proceed with the issuance of a request for proposals and the award of a contract for the operation of a motor vehicle inspection and maintenance program under division (D) of this section in a county for which a redesignation request described in division (K)(1)(a) of this section was submitted to the United States environmental protection agency or, if such a release and permit has been issued to the environmental protection agency, the director of environmental protection may proceed with the issuance of such a request under either of the following circumstances:

(i) Upon disapproval of the redesignation request by the United States environmental protection agency;

(ii) Upon approval of the redesignation request by the United States environmental protection agency if the director of environmental protection determines that operation of a motor vehicle inspection and maintenance program in the county is necessary to protect and maintain compliance with the national ambient air quality standard for carbon monoxide or ozone in the county.

If no such release and permit has been issued to the environmental protection agency, the director of administrative services, upon receipt of a written request from the director of environmental protection under division (K)(1)(c) of this section, shall take the requested actions.

(2) If at any time air quality monitoring data in any county where a motor vehicle inspection and maintenance program is required under this section and rules adopted under it demonstrate that that county has attained and maintained compliance for three consecutive years with the national ambient air quality standard for carbon monoxide or ozone under the "Clean Air Act Amendments," the director, at the earliest possible date, shall prepare and submit to the administrator of the United States environmental protection agency a demonstration that such attainment has been so achieved and maintained in that county. If the administrator approves the director's submittal as demonstrating that compliance with the national ambient air quality standard for carbon monoxide or ozone under that act has been achieved and maintained in the county and if the director determines that continued operation of a motor vehicle inspection and maintenance program in the county is not necessary to protect and maintain compliance with the national ambient air quality standard for carbon monoxide or ozone, the director may rescind the rules adopted under division (B) of this section requiring implementation and operation of the program in that county. A rescission shall take effect in such a county on the date of the expiration of the contract or renewal thereof provided for in division (D) of this section that next succeeds the administrator's approval of the demonstration in that county.

(L) There is hereby created the motor vehicle inspection and maintenance program legislative oversight committee, which shall be comprised of six members. The speaker of the house of representatives shall appoint three members of the house of representatives to the committee, not more than two of whom shall be from any one political party, and the president of the senate shall appoint three members of the senate to the committee, not more than two of whom shall be from any one political party. Each member shall serve at the pleasure of the member's appointing authority. During the first year of any legislative session, the chairman CHAIRPERSON of the committee shall be a member from the house of representatives and the vice-chairman VICE-CHAIRPERSON shall be a member from the senate, as designated by their appointing authorities. During the second year of any legislative session, the chairman CHAIRPERSON shall be a member from the senate and the vice-chairman VICE-CHAIRPERSON shall be a member from the house of representatives, as designated by their appointing authorities.

The committee shall monitor the motor vehicle inspection and maintenance program established under this section and, in doing so, shall work in complete cooperation with the Ohio environmental protection agency and the United States environmental protection agency. The former agency shall provide to the committee any data, reports, and other information and materials requested by the committee.

The director shall notify the committee whenever the program established under this section is required to be implemented in a county because of a change in that county's nonattainment classification under the "Clean Air Act Amendments" or if an enhanced program is required to be implemented in a county under section 3704.142 of the Revised Code.

If at any time the program established under this section is terminated, the committee shall cease to exist on the date of termination.

(M) Implementation of the motor vehicle inspection and maintenance program established under this section is an essential state function mandated by the "Clean Air Act Amendments." The director or the director's authorized representative may perform essential governmental duties that are necessary to implement the program properly within any county that is subject to this section, including at least the placement of directional traffic signs to assist citizens in finding inspection stations. The director or the director's authorized representative need not comply with any applicable ordinances or resolutions of any political subdivisions if that compliance would prevent the director or the director's authorized representative from performing any such essential governmental duties.

Sec. 3734.57. (A) For the purposes of paying the state's long-term operation costs or matching share for actions taken under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended; paying the costs of measures for proper clean-up of sites where polychlorinated biphenyls and substances, equipment, and devices containing or contaminated with polychlorinated biphenyls have been stored or disposed of; paying the costs of conducting surveys or investigations of solid waste facilities or other locations where it is believed that significant quantities of hazardous waste were disposed of and for conducting enforcement actions arising from the findings of such surveys or investigations; and paying the costs of acquiring and cleaning up, or providing financial assistance for cleaning up, any hazardous waste facility or solid waste facility containing significant quantities of hazardous waste, that constitutes an imminent and substantial threat to public health or safety or the environment; and, from July 1, 1995 1997, through June 30, 1997 1999, for the purposes of paying the costs of administering and enforcing the laws pertaining to solid wastes, infectious wastes, and construction and demolition debris, including, without limitation, ground water evaluations related to solid wastes, infectious wastes, and construction and demolition debris, under this chapter and Chapter 3714. of the Revised Code and any rules adopted under them, and paying a share of the administrative costs of the environmental protection agency pursuant to section 3745.014 of the Revised Code, the following fees are hereby levied on the disposal of solid wastes in this state:

(1) One dollar per ton on and after July 1, 1993;

(2) An additional seventy-five cents per ton on and after July 1, 1997, through June 30, 1999.

The owner or operator of a solid waste disposal facility shall collect the fees levied under this division as a trustee for the state and shall prepare and file with the director of environmental protection monthly returns indicating the total tonnage of solid wastes received for disposal at the gate of the facility and the total amount of the fees collected under this division. Not later than thirty days after the last day of the month to which such a return applies, the owner or operator shall mail to the director the return for that month together with the fees collected during that month as indicated on the return. The owner or operator may request an extension of not more than thirty days for filing the return and remitting the fees, provided that the owner or operator has submitted such a request in writing to the director together with a detailed description of why the extension is requested, the director has received the request not later than the day on which the return is required to be filed, and the director has approved the request. If the fees are not remitted within sixty days after the last day of the month during which they were collected, the owner or operator shall pay an additional fifty per cent of the amount of the fees for each month that they are late.

One-half of the moneys remitted to the director under division (A)(1) of this section shall be credited to the hazardous waste facility management fund created in section 3734.18 of the Revised Code, and one-half shall be credited to the hazardous waste clean-up fund created in section 3734.28 of the Revised Code. The moneys remitted to the director under division (A)(2) of this section shall be credited to the solid waste fund, which is hereby created in the state treasury. The environmental protection agency shall use moneys in the solid waste fund only to pay the costs of administering and enforcing the laws pertaining to solid wastes, infectious wastes, and construction and demolition debris, including, without limitation, ground water evaluations related to solid wastes, infectious wastes, and construction and demolition debris, under this chapter and Chapter 3714. of the Revised Code and rules adopted under them and to pay a share of the administrative costs of the environmental protection agency pursuant to section 3745.014 of the Revised Code.

The fees levied under this division and divisions (B) and (C) of this section are in addition to all other applicable fees and taxes and shall be added to any other fee or amount specified in a contract that is charged by the owner or operator of a solid waste disposal facility or to any other fee or amount that is specified in a contract entered into on or after March 4, 1992, and that is charged by a transporter of solid wastes.

(B) For the purpose of preparing, revising, and implementing the solid waste management plan of the county or joint solid waste management district, including, without limitation, the development and implementation of solid waste recycling or reduction programs; providing financial assistance to boards of health within the district, if solid waste facilities are located within the district, for the enforcement of this chapter and rules adopted and orders and terms and conditions of permits, licenses, and variances issued under it, other than the hazardous waste provisions of this chapter and rules adopted and orders and terms and conditions of permits issued under those provisions; providing financial assistance to the county to defray the added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation of a solid waste facility within the county under the district's approved solid waste management plan; paying the costs incurred by boards of health for collecting and analyzing water samples from public or private wells on lands adjacent to solid waste facilities that are contained in the approved or amended plan of the district; paying the costs of developing and implementing a program for the inspection of solid wastes generated outside the boundaries of this state that are disposed of at solid waste facilities included in the district's approved solid waste management plan or amended plan; providing financial assistance to boards of health within the district for enforcing laws prohibiting open dumping; providing financial assistance to local law enforcement agencies within the district for enforcing laws and ordinances prohibiting littering; providing financial assistance to boards of health of health districts within the district that are on the approved list under section 3734.08 of the Revised Code for the training and certification required for their employees responsible for solid waste enforcement by rules adopted under division (L) of section 3734.02 of the Revised Code; providing financial assistance to individual municipal corporations and townships within the district to defray their added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation within their boundaries of a composting, energy or resource recovery, incineration, or recycling facility that either is owned by the district or is furnishing solid waste management facility or recycling services to the district pursuant to a contract or agreement with the board of county commissioners or directors of the district; and payment of any expenses that are agreed to, awarded, or ordered to be paid under section 3734.35 of the Revised Code and of any administrative costs incurred pursuant to that section, the solid waste management policy committee of a county or joint solid waste management district may levy fees upon the following activities:

(1) The disposal at a solid waste disposal facility located in the district of solid wastes generated within the district;

(2) The disposal at a solid waste disposal facility within the district of solid wastes generated outside the boundaries of the district, but inside this state;

(3) The disposal at a solid waste disposal facility within the district of solid wastes generated outside the boundaries of this state.

If any such fees are levied prior to January 1, 1994, fees levied under division (B)(1) of this section always shall be equal to one-half of the fees levied under division (B)(2) of this section, and fees levied under division (B)(3) of this section, which shall be in addition to fees levied under division (B)(2) of this section, always shall be equal to fees levied under division (B)(1) of this section, except as otherwise provided in this division. The solid waste management plan of the county or joint district approved under section 3734.521 or 3734.55 of the Revised Code and any amendments to it, or the resolution adopted under this division, as appropriate, shall establish the rates of the fees levied under divisions (B)(1), (2), and (3) of this section, if any, and shall specify whether the fees are levied on the basis of tons or cubic yards as the unit of measurement. Although the fees under divisions (A)(1) and (2) of this section are levied on the basis of tons as the unit of measurement, the solid waste management plan of the district and any amendments to it or the solid waste management policy committee in its resolution levying fees under this division may direct that the fees levied under those divisions be levied on the basis of cubic yards as the unit of measurement based upon a conversion factor of three cubic yards per ton generally or one cubic yard per ton for baled wastes if the fees under divisions (B)(1) to (3) of this section are being levied on the basis of cubic yards as the unit of measurement under the plan, amended plan, or resolution.

On and after January 1, 1994, the fee levied under division (B)(1) of this section shall be not less than one dollar per ton nor more than two dollars per ton, the fee levied under division (B)(2) of this section shall be not less than two dollars per ton nor more than four dollars per ton, and the fee levied under division (B)(3) of this section shall be not more than the fee levied under division (B)(1) of this section, except as otherwise provided in this division and notwithstanding any schedule of those fees established in the solid waste management plan of a county or joint district approved under section 3734.55 of the Revised Code or a resolution adopted and ratified under this division that is in effect on that date. If the fee that a district is levying under division (B)(1) of this section on that date under its approved plan or such a resolution is less than one dollar per ton, the fee shall be one dollar per ton on and after January 1, 1994, and if the fee that a district is so levying under that division exceeds two dollars per ton, the fee shall be two dollars per ton on and after that date. If the fee that a district is so levying under division (B)(2) of this section is less than two dollars per ton, the fee shall be two dollars per ton on and after that date, and if the fee that the district is so levying under that division exceeds four dollars per ton, the fee shall be four dollars per ton on and after that date. On that date, the fee levied by a district under division (B)(3) of this section shall be equal to the fee levied under division (B)(1) of this section. Except as otherwise provided in this division, the fees established by the operation of this amendment shall remain in effect until the district's resolution levying fees under this division is amended or repealed in accordance with this division to amend or abolish the schedule of fees, the schedule of fees is amended or abolished in an amended plan of the district approved under section 3734.521 or division (A) or (D) of section 3734.56 of the Revised Code, or the schedule of fees is amended or abolished through an amendment to the district's plan under division (E) of section 3734.56 of the Revised Code; the notification of the amendment or abolishment of the fees has been given in accordance with this division; and collection of the amended fees so established commences, or collection of the fees ceases, in accordance with this division.

The solid waste management policy committee of a district levying fees under divisions (B)(1) to (3) of this section on October 29, 1993, under its solid waste management plan approved under section 3734.55 of the Revised Code or a resolution adopted and ratified under this division that are within the ranges of rates prescribed by this amendment, by adoption of a resolution not later than December 1, 1993, and without the necessity for ratification of the resolution under this division, may amend those fees within the prescribed ranges, provided that the estimated revenues from the amended fees will not substantially exceed the estimated revenues set forth in the district's budget for calendar year 1994. Not later than seven days after the adoption of such a resolution, the committee shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees of the adoption of the resolution and of the amount of the amended fees. Collection of the amended fees shall take effect on the first day of the first month following the month in which the notification is sent to the owner or operator. The fees established in such a resolution shall remain in effect until the district's resolution levying fees that was adopted and ratified under this division is amended or repealed, and the amendment or repeal of the resolution is ratified, in accordance with this division, to amend or abolish the fees, the schedule of fees is amended or abolished in an amended plan of the district approved under section 3734.521 or division (A) or (D) of section 3734.56 of the Revised Code, or the schedule of fees is amended or abolished through an amendment to the district's plan under division (E) of section 3734.56 of the Revised Code; the notification of the amendment or abolishment of the fees has been given in accordance with this division; and collection of the amended fees so established commences, or collection of the fees ceases, in accordance with this division.

Prior to the approval of the solid waste management plan of the district under section 3734.55 of the Revised Code, the solid waste management policy committee of a district may levy fees under this division by adopting a resolution establishing the proposed amount of the fees. Upon adopting the resolution, the committee shall deliver a copy of the resolution to the board of county commissioners of each county forming the district and to the legislative authority of each municipal corporation and township under the jurisdiction of the district and shall prepare and publish the resolution and a notice of the time and location where a public hearing on the fees will be held. Upon adopting the resolution, the committee shall deliver written notice of the adoption of the resolution; of the amount of the proposed fees; and of the date, time, and location of the public hearing to the director and to the fifty industrial, commercial, or institutional generators of solid wastes within the district that generate the largest quantities of solid wastes, as determined by the committee, and to their local trade associations. The committee shall make good faith efforts to identify those generators within the district and their local trade associations, but the nonprovision of notice under this division to a particular generator or local trade association does not invalidate the proceedings under this division. The publication shall occur at least thirty days before the hearing. After the hearing, the committee may make such revisions to the proposed fees as it considers appropriate and thereafter, by resolution, shall adopt the revised fee schedule. Upon adopting the revised fee schedule, the committee shall deliver a copy of the resolution doing so to the board of county commissioners of each county forming the district and to the legislative authority of each municipal corporation and township under the jurisdiction of the district. Within sixty days after the delivery of a copy of the resolution adopting the proposed revised fees by the policy committee, each such board and legislative authority, by ordinance or resolution, shall approve or disapprove the revised fees and deliver a copy of the ordinance or resolution to the committee. If any such board or legislative authority fails to adopt and deliver to the policy committee an ordinance or resolution approving or disapproving the revised fees within sixty days after the policy committee delivered its resolution adopting the proposed revised fees, it shall be conclusively presumed that the board or legislative authority has approved the proposed revised fees.

In the case of a county district or a joint district formed by two or three counties, the committee shall declare the proposed revised fees to be ratified as the fee schedule of the district upon determining that the board of county commissioners of each county forming the district has approved the proposed revised fees and that the legislative authorities of a combination of municipal corporations and townships with a combined population within the district comprising at least sixty per cent of the total population of the district have approved the proposed revised fees, provided that in the case of a county district, that combination shall include the municipal corporation having the largest population within the boundaries of the district, and provided further that in the case of a joint district formed by two or three counties, that combination shall include for each county forming the joint district the municipal corporation having the largest population within the boundaries of both the county in which the municipal corporation is located and the joint district. In the case of a joint district formed by four or more counties, the committee shall declare the proposed revised fees to be ratified as the fee schedule of the joint district upon determining that the boards of county commissioners of a majority of the counties forming the district have approved the proposed revised fees; that, in each of a majority of the counties forming the joint district, the proposed revised fees have been approved by the municipal corporation having the largest population within the county and the joint district; and that the legislative authorities of a combination of municipal corporations and townships with a combined population within the joint district comprising at least sixty per cent of the total population of the joint district have approved the proposed revised fees.

For the purposes of this division, only the population of the unincorporated area of a township shall be considered. For the purpose of determining the largest municipal corporation within each county under this division, a municipal corporation that is located in more than one solid waste management district, but that is under the jurisdiction of one county or joint solid waste management district in accordance with division (A) of section 3734.52 of the Revised Code shall be considered to be within the boundaries of the county in which a majority of the population of the municipal corporation resides.

The committee may amend the schedule of fees levied pursuant to a resolution or amended resolution adopted and ratified under this division by adopting a resolution establishing the proposed amount of the amended fees. The committee may abolish the fees levied pursuant to such a resolution or amended resolution by adopting a resolution proposing to repeal them. Upon adopting such a resolution, the committee shall proceed to obtain ratification of the resolution in accordance with this division.

Not later than fourteen days after declaring the fees or amended fees to be ratified under this division, the committee shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees of the ratification and the amount of the fees. Collection of any fees or amended fees ratified on or after March 24, 1992, shall commence on the first day of the second month following the month in which notification is sent to the owner or operator.

Not later than fourteen days after declaring the repeal of the district's schedule of fees to be ratified under this division, the committee shall notify by certified mail the owner or operator of each facility that is collecting the fees of the repeal. Collection of the fees shall cease on the first day of the second month following the month in which notification is sent to the owner or operator.

Not later than fourteen days after the director issues an order approving a district's solid waste management plan under section 3734.55 of the Revised Code or amended plan under division (A) or (D) of section 3734.56 of the Revised Code that establishes or amends a schedule of fees levied by the district, or the ratification of an amendment to the district's approved plan or amended plan under division (E) of section 3734.56 of the Revised Code that establishes or amends a schedule of fees, as appropriate, the committee shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees of the approval of the plan or amended plan, or the amendment to the plan, as appropriate, and the amount of the fees or amended fees. In the case of an initial or amended plan approved under section 3734.521 of the Revised Code in connection with a change in district composition, other than one involving the withdrawal of a county from a joint district, that establishes or amends a schedule of fees levied under divisions (B)(1) to (3) of this section by a district resulting from the change, the committee, within fourteen days after the change takes effect pursuant to division (G) of that section, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees that the change has taken effect and of the amount of the fees or amended fees. Collection of any fees set forth in a plan or amended plan approved by the director on or after April 16, 1993, or an amendment of a plan or amended plan under division (E) of section 3734.56 of the Revised Code that is ratified on or after April 16, 1993, shall commence on the first day of the second month following the month in which notification is sent to the owner or operator.

Not later than fourteen days after the director issues an order approving a district's plan under section 3734.55 of the Revised Code or amended plan under division (A) or (D) of section 3734.56 of the Revised Code that abolishes the schedule of fees levied under divisions (B)(1) to (3) of this section, or an amendment to the district's approved plan or amended plan abolishing the schedule of fees is ratified pursuant to division (E) of section 3734.56 of the Revised Code, as appropriate, the committee shall notify by certified mail the owner or operator of each facility that is collecting the fees of the approval of the plan or amended plan, or the amendment of the plan or amended plan, as appropriate, and the abolishment of the fees. In the case of an initial or amended plan approved under section 3734.521 of the Revised Code in connection with a change in district composition, other than one involving the withdrawal of a county from a joint district, that abolishes the schedule of fees levied under divisions (B)(1) to (3) of this section by a district resulting from the change, the committee, within fourteen days after the change takes effect pursuant to division (G) of that section, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fees that the change has taken effect and of the abolishment of the fees. Collection of the fees shall cease on the first day of the second month following the month in which notification is sent to the owner or operator.

Except as otherwise provided in this division, if the schedule of fees that a district is levying under divisions (B)(1) to (3) of this section pursuant to a resolution or amended resolution adopted and ratified under this division, the solid waste management plan of the district approved under section 3734.55 of the Revised Code, an amended plan approved under division (A) or (D) of section 3734.56 of the Revised Code, or an amendment to the district's approved plan or amended plan under division (E) of section 3734.56 of the Revised Code, is amended by the adoption and ratification of an amendment to the resolution or amended resolution or an amendment of the district's approved plan or amended plan, the fees in effect immediately prior to the approval of the plan or the amendment of the resolution, amended resolution, plan, or amended plan, as appropriate, shall continue to be collected until collection of the amended fees commences pursuant to this division.

If, in the case of a change in district composition involving the withdrawal of a county from a joint district, the director completes the actions required under division (G)(1) or (3) of section 3734.521 of the Revised Code, as appropriate, forty-five days or more before the beginning of a calendar year, the policy committee of each of the districts resulting from the change that obtained the director's approval of an initial or amended plan in connection with the change, within fourteen days after the director's completion of the required actions, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the district's fees that the change is to take effect on the first day of January immediately following the issuance of the notice and of the amount of the fees or amended fees levied under divisions (B)(1) to (3) of this section pursuant to the district's initial or amended pan as so approved or, if appropriate, the abolishment of the district's fees by that initial or amended plan. Collection of any fees set forth in such a plan or amended plan shall commence on the first day of January immediately following the issuance of the notice. If such an initial or amended plan abolishes a schedule of fees, collection of the fees shall cease on that first day of January.

If, in the case of a change in district composition involving the withdrawal of a county from a joint district, the director completes the actions required under division (G)(1) or (3) of section 3734.521 of the Revised Code, as appropriate, less than forty-five days before the beginning of a calendar year, the director, on behalf of each of the districts resulting from the change that obtained the director's approval of an initial or amended plan in connection with the change proceedings, shall notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the district's fees that the change is to take effect on the first day of January immediately following the mailing of the notice and of the amount of the fees or amended fees levied under divisions (B)(1) to (3) of this section pursuant to the district's initial or amended plan as so approved or, if appropriate, the abolishment of the district's fees by that initial or amended plan. Collection of any fees set forth in such a plan or amended plan shall commence on the first day of the second month following the month in which notification is sent to the owner or operator. If such an initial or amended plan abolishes a schedule of fees, collection of the fees shall cease on the first day of the second month following the month in which notification is sent to the owner or operator.

In the case of a change in district composition, the schedule of fees that the former districts that existed prior to the change were levying under divisions (B)(1) to (3) of this section pursuant to a resolution or amended resolution adopted and ratified under this division, the solid waste management plan of a former district approved under section 3734.521 or 3734.55 of the Revised Code, an amended plan approved under section 3734.521 or division (A) or (D) of section 3734.56 of the Revised Code, or an amendment to a former district's approved plan or amended plan under division (E) of section 3734.56 of the Revised Code, and that were in effect on the date that the director completed the actions required under division (G)(1) or (3) of section 3734.521 of the Revised Code shall continue to be collected until the collection of the fees or amended fees of the districts resulting from the change is required to commence, or if an initial or amended plan of a resulting district abolishes a schedule of fees, collection of the fees is required to cease, under this division. Moneys so received from the collection of the fees of the former districts shall be divided among the resulting districts in accordance with division (B) of section 343.012 of the Revised Code and the agreements entered into under division (B) of section 343.01 of the Revised Code to establish the former and resulting districts and any amendments to those agreements.

For the purposes of the provisions of division (B) of this section establishing the times when newly established or amended fees levied by a district are required to commence and the collection of fees that have been amended or abolished is required to cease, "fees" or "schedule of fees" includes, in addition to fees levied under divisions (B)(1) to (3) of this section, those levied under section 3734.573 or 3734.574 of the Revised Code.

(C) For the purposes of defraying the added costs to a municipal corporation or township of maintaining roads and other public facilities and of providing emergency and other public services, and compensating a municipal corporation or township for reductions in real property tax revenues due to reductions in real property valuations resulting from the location and operation of a solid waste disposal facility within the municipal corporation or township, a municipal corporation or township in which such a solid waste disposal facility is located may levy a fee of not more than twenty-five cents per ton on the disposal of solid wastes at a solid waste disposal facility located within the boundaries of the municipal corporation or township regardless of where the wastes were generated.

The legislative authority of a municipal corporation or township may levy fees under this division by enacting an ordinance or adopting a resolution establishing the amount of the fees. Upon so doing the legislative authority shall mail a certified copy of the ordinance or resolution to the board of county commissioners or directors of the county or joint solid waste management district in which the municipal corporation or township is located or, if a regional solid waste management authority has been formed under section 343.011 of the Revised Code, to the board of trustees of that regional authority, the owner or operator of each solid waste disposal facility in the municipal corporation or township that is required to collect the fee by the ordinance or resolution, and the director of environmental protection. Although the fees levied under this division are levied on the basis of tons as the unit of measurement, the legislative authority, in its ordinance or resolution levying the fees under this division, may direct that the fees be levied on the basis of cubic yards as the unit of measurement based upon a conversion factor of three cubic yards per ton generally or one cubic yard per ton for baled wastes.

Not later than five days after enacting an ordinance or adopting a resolution under this division, the legislative authority shall so notify by certified mail the owner or operator of each solid waste disposal facility that is required to collect the fee. Collection of any fee levied on or after March 24, 1992, shall commence on the first day of the second month following the month in which notification is sent to the owner or operator.

(D)(1) The fees levied under divisions (A), (B), and (C) of this section do not apply to the disposal of solid wastes that:

(a) Are disposed of at a facility owned by the generator of the wastes when the solid waste facility exclusively disposes of solid wastes generated at one or more premises owned by the generator regardless of whether the facility is located on a premises where the wastes are generated;

(b) Are disposed of at facilities that exclusively dispose of wastes that are generated from the combustion of coal, or from the combustion of primarily coal in combination with scrap tires, that is not combined in any way with garbage at one or more premises owned by the generator.

(2) Except as provided in section 3734.571 of the Revised Code, any fees levied under division (B)(1) of this section apply to solid wastes originating outside the boundaries of a county or joint district that are covered by an agreement for the joint use of solid waste facilities entered into under section 343.02 of the Revised Code by the board of county commissioners or board of directors of the county or joint district where the wastes are generated and disposed of.

(3) When solid wastes, other than solid wastes that consist of scrap tires, are burned in a disposal facility that is an incinerator or energy recovery facility, the fees levied under divisions (A), (B), and (C) of this section shall be levied upon the disposal of the fly ash and bottom ash remaining after burning of the solid wastes and shall be collected by the owner or operator of the sanitary landfill where the ash is disposed of.

(4) When solid wastes are delivered to a solid waste transfer facility, the fees levied under divisions (A), (B), and (C) of this section shall be levied upon the disposal of solid wastes transported off the premises of the transfer facility for disposal and shall be collected by the owner or operator of the solid waste disposal facility where the wastes are disposed of.

(5) The fees levied under divisions (A), (B), and (C) of this section do not apply to sewage sludge that is generated by a waste water treatment facility holding a national pollutant discharge elimination system permit and that is disposed of through incineration, land application, or composting or at another resource recovery or disposal facility that is not a landfill.

(6) The fees levied under division DIVISIONS (A), (B), and (C) of this section do not apply to solid wastes delivered to a solid waste composting facility for processing. When any unprocessed solid waste or compost product is transported off the premises of a composting facility and disposed of at a landfill, the fees levied under divisions (A), (B), and (C) of this section shall be collected by the owner or operator of the landfill where the unprocessed waste or compost product is disposed of.

(7) When solid wastes that consist of scrap tires are processed at a scrap tire recovery facility, the fees levied under divisions (A), (B), and (C) of this section shall be levied upon the disposal of the fly ash and bottom ash or other solid wastes remaining after the processing of the scrap tires and shall be collected by the owner or operator of the solid waste disposal facility where the ash or other solid wastes are disposed of.

(E) The fees levied under divisions (B) and (C) of this section shall be collected by the owner or operator of the solid waste disposal facility where the wastes are disposed of as a trustee for the county or joint district and municipal corporation or township where the wastes are disposed of. Moneys from the fees levied under division (B) of this section shall be forwarded to the board of county commissioners or board of directors of the district in accordance with rules adopted under division (H) of this section. Moneys from the fees levied under division (C) of this section shall be forwarded to the treasurer or such other officer of the municipal corporation as, by virtue of the charter, has the duties of the treasurer or to the clerk of the township, as appropriate, in accordance with those rules.

(F) Moneys received by the treasurer or such other officer of the municipal corporation under division (E) of this section shall be paid into the general fund of the municipal corporation. Moneys received by the clerk of the township under that division shall be paid into the general fund of the township. The treasurer or such other officer of the municipal corporation or the clerk, as appropriate, shall maintain separate records of the moneys received from the fees levied under division (C) of this section.

(G) Moneys received by the board of county commissioners or board of directors under division (E) of this section or section 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code shall be paid to the county treasurer, or other official acting in a similar capacity under a county charter, in a county district or to the county treasurer or other official designated by the board of directors in a joint district and kept in a separate and distinct fund to the credit of the district. If a regional solid waste management authority has been formed under section 343.011 of the Revised Code, moneys received by the board of trustees of that regional authority under division (E) of this section shall be kept by the board in a separate and distinct fund to the credit of the district. Moneys in the special fund of the county or joint district arising from the fees levied under division (B) of this section and the fee levied under division (A) of section 3734.573 of the Revised Code shall be expended by the board of county commissioners or directors of the district in accordance with the district's solid waste management plan or amended plan approved under section 3734.521, 3734.55, or 3734.56 of the Revised Code exclusively for the following purposes:

(1) Preparation of the solid waste management plan of the district under section 3734.54 of the Revised Code, monitoring implementation of the plan, and conducting the periodic review and amendment of the plan required by section 3734.56 of the Revised Code by the solid waste management policy committee;

(2) Implementation of the approved solid waste management plan or amended plan of the district, including, without limitation, the development and implementation of solid waste recycling or reduction programs;

(3) Providing financial assistance to boards of health within the district, if solid waste facilities are located within the district, for enforcement of this chapter and rules, orders, and terms and conditions of permits, licenses, and variances adopted or issued under it, other than the hazardous waste provisions of this chapter and rules adopted and orders and terms and conditions of permits issued under those provisions;

(4) Providing financial assistance to each county within the district to defray the added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation of a solid waste facility within the county under the district's approved solid waste management plan or amended plan;

(5) Pursuant to contracts entered into with boards of health within the district, if solid waste facilities contained in the district's approved plan or amended plan are located within the district, for paying the costs incurred by those boards of health for collecting and analyzing samples from public or private water wells on lands adjacent to those facilities;

(6) Developing and implementing a program for the inspection of solid wastes generated outside the boundaries of this state that are disposed of at solid waste facilities included in the district's approved solid waste management plan or amended plan;

(7) Providing financial assistance to boards of health within the district for the enforcement of section 3734.03 of the Revised Code or to local law enforcement agencies having jurisdiction within the district for enforcing anti-littering laws and ordinances;

(8) Providing financial assistance to boards of health of health districts within the district that are on the approved list under section 3734.08 of the Revised Code to defray the costs to the health districts for the participation of their employees responsible for enforcement of the solid waste provisions of this chapter and rules adopted and orders and terms and conditions of permits, licenses, and variances issued under those provisions in the training and certification program as required by rules adopted under division (L) of section 3734.02 of the Revised Code;

(9) Providing financial assistance to individual municipal corporations and townships within the district to defray their added costs of maintaining roads and other public facilities and of providing emergency and other public services resulting from the location and operation within their boundaries of a composting, energy or resource recovery, incineration, or recycling facility that either is owned by the district or is furnishing solid waste management facility or recycling services to the district pursuant to a contract or agreement with the board of county commissioners or directors of the district;

(10) Payment of any expenses that are agreed to, awarded, or ordered to be paid under section 3734.35 of the Revised Code and of any administrative costs incurred pursuant to that section. In the case of a joint solid waste management district, if the board of county commissioners of one of the counties in the district is negotiating on behalf of affected communities, as defined in that section, in that county, the board shall obtain the approval of the board of directors of the district in order to expend moneys for administrative costs incurred.

Prior to the approval of the district's solid waste management plan under section 3734.55 of the Revised Code, moneys in the special fund of the district arising from such THE fees shall be expended for such THOSE purposes in the manner prescribed by the solid waste management policy committee by resolution.

Notwithstanding division (G)(6) of this section as it existed prior to October 29, 1993, or any provision in a district's solid waste management plan prepared in accordance with division (B)(2)(e) of section 3734.53 of the Revised Code as it existed prior to that date, any moneys arising from the fees levied under division (B)(3) of this section prior to January 1, 1994, may be expended for any of the purposes authorized in divisions (G)(1) to (10) of this section.

(H) The director of environmental protection shall adopt rules in accordance with Chapter 119. of the Revised Code prescribing procedures for collecting and forwarding the fees levied under divisions (B) and (C) of this section to the boards of county commissioners or directors of county or joint solid waste management districts and to the treasurers or other officers of municipal corporations or to the clerks of townships. The rules also shall prescribe the dates for forwarding the fees to the boards and officials and may prescribe any other requirements the director considers necessary or appropriate to implement and administer divisions (A), (B), and (C) of this section. Collection of the fees levied under division (A)(1) of this section shall commence on July 1, 1993. Collection of the fees levied under division (A)(2) of this section shall commence on January 1, 1994.

Sec. 3734.82. (A) The annual fee for a scrap tire recovery facility license issued under section 3734.81 of the Revised Code shall be in accordance with the following schedule:
Daily Design InputAnnual License
Capacity (Tons)Fee
1 or less$ 100
2 to 25500
26 to 501,000
51 to 1001,500
101 to 2002,500
201 to 5003,500
501 or more5,500

For the purpose of determining the applicable license fee under this division, the daily design input capacity shall be the quantity of scrap tires the facility is designed to process daily as set forth in the registration certificate or permit for the facility, and any modifications to the permit, if applicable, issued under section 3734.78 of the Revised Code.

(B) The annual fee for a scrap tire monocell or monofill facility license shall be in accordance with the following schedule:
Authorized MaximumAnnual License
Daily Waste ReceiptFee
(Tons)
100 or less$ 5,000
101 to 20012,500
201 to 50030,000
501 or more60,000

For the purpose of determining the applicable license fee under this division, the authorized maximum daily waste receipt shall be the maximum amount of scrap tires the facility is authorized to receive daily that is established in the permit for the facility, and any modification to that permit, issued under section 3734.77 of the Revised Code.

(C)(1) Except as otherwise provided in division (C)(2) of this section, the annual fee for a scrap tire storage facility license shall equal one thousand dollars times the number of acres on which scrap tires are to be stored at the facility during the license year, as set forth on the application for the annual license, except that the total annual license fee for any such facility shall not exceed three thousand dollars.

(2) The annual fee for a scrap tire storage facility license for a storage facility that is owned or operated by a motor vehicle salvage dealer licensed under Chapter 4738. of the Revised Code is one hundred dollars.

(D)(1) Except as otherwise provided in division (D)(2) of this section, the annual fee for a scrap tire collection facility license is two hundred dollars.

(2) The annual fee for a scrap tire collection facility license for a collection facility that is owned or operated by a motor vehicle salvage dealer licensed under Chapter 4738. of the Revised Code is fifty dollars.

(E) Except as otherwise provided in divisions (C)(2) and (D)(2) of this section, the same fees apply to private operators and to the state and its political subdivisions and shall be paid within thirty days after the issuance of a license. The fees include the cost of licensing, all inspections, and other costs associated with the administration of the scrap tire provisions of this chapter and rules adopted under them. Each license shall specify that it is conditioned upon payment of the applicable fee to the board of health or the director of environmental protection, as appropriate, within thirty days after the issuance of the license.

(F) The board of health shall retain fifteen thousand dollars of each license fee collected by the board under division (B) of this section, or the entire amount of any such fee that is less than fifteen thousand dollars, and the entire amount of each license fee collected by the board under divisions (A), (C), and (D) of this section. The moneys retained shall be paid into a special fund, which is hereby created in each health district, and used solely to administer and enforce the scrap tire provisions of this chapter and rules adopted under them. The remainder, if any, of each license fee collected by the board under division (B) of this section shall be transmitted to the director within forty-five days after receipt of the fee.

(G) The director shall transmit the moneys received by the director from license fees collected under division (B) of this section to the treasurer of state to be credited to the scrap tire management fund, which is hereby created in the state treasury. The fund shall consist of all federal moneys received by the environmental protection agency for the scrap tire management program; all grants, gifts, and contributions made to the director for that program; and all other moneys that may be provided by law for that program. The director shall use moneys in the fund as follows:

(1) Expend not more than seven hundred fifty thousand dollars during each fiscal year to implement, administer, and enforce the scrap tire provisions of this chapter and rules adopted under them;

(2) For fiscal years 1998 and 1999, grant not more than one hundred fifty thousand dollars during each fiscal year to the polymer institute at the university of Akron for the purpose of expediting research concerning and evaluation of alternative methods of recycling scrap tires. The institute shall report to the director annually concerning research programs under review, and the results of scrap tire recycling experiments conducted, by or in conjunction with the institute. The university shall report to the director biennially concerning the expenditures of moneys received by the institute under division (G)(2) of this section.

(3) During each of fiscal years 1998, 1999, and 2000, request the director of budget and management to, and the director of budget and management shall, transfer one million dollars to the facilities establishment fund created in section 166.03 of the Revised Code for the purposes specified in that section;

(4) Except as otherwise provided in division (H)(2) of this section, expend not more than three million dollars during each of fiscal years 1998, 1999, and 2000 to conduct removal actions under section 3734.85 of the Revised Code. Prior to using any moneys in the fund for that purpose in a fiscal year, the director shall request the approval of the controlling board for that use of the moneys. The request shall be accompanied by a plan describing the removal actions to be conducted during the fiscal year and an estimate of the costs of conducting them. The controlling board shall approve the plan only if the board finds that the proposed removal actions are in accordance with the priorities set forth in division (B) of section 3734.85 of the Revised Code and that the costs of conducting them are reasonable.

(5) Annually transfer to the central support indirect fund created in section 3745.014 of the Revised Code an amount equal to not more than twelve per cent of each fiscal year's appropriation to the scrap tire management fund.

(H)(1) If, during fiscal year 1997, 1998, 1999, or 2000, more than three million five hundred thousand dollars are credited to the scrap tire management fund, the director, at the conclusion of the fiscal year, shall request the director of budget and management to, and the director of budget and management shall, transfer to the facilities establishment fund one-half of the moneys credited to the scrap tire management fund in excess of that amount.

(2) In each of fiscal years 1998, 1999, and 2000, if more than three million five hundred thousand dollars are credited to the scrap tire management fund during the preceding fiscal year, the director, in addition to the amount authorized under division (G)(4) of this section, shall expend during the current fiscal year one-half of that excess amount to conduct removal operations under section 3734.85 of the Revised Code.

(I) AFTER THE ACTIONS IN DIVISIONS (G)(1) TO (4) AND (H) OF THIS SECTION ARE COMPLETED DURING EACH OF FISCAL YEARS 1998, 1999, AND 2000, THE DIRECTOR MAY EXPEND UP TO THE BALANCE REMAINING FROM PRIOR FISCAL YEARS IN THE SCRAP TIRE MANAGEMENT FUND TO CONDUCT REMOVAL ACTIONS UNDER SECTION 3734.85 of the Revised Code. PRIOR TO USING ANY MONEYS IN THE FUND FOR THAT PURPOSE IN A FISCAL YEAR, THE DIRECTOR SHALL REQUEST THE APPROVAL OF THE CONTROLLING BOARD FOR THAT USE OF THE MONEYS. THE REQUEST SHALL BE ACCOMPANIED BY A PLAN DESCRIBING THE REMOVAL ACTIONS TO BE CONDUCTED DURING THE FISCAL YEAR AND AN ESTIMATE OF THE COSTS OF CONDUCTING THEM. THE CONTROLLING BOARD SHALL APPROVE THE PLAN ONLY IF THE BOARD FINDS THAT THE PROPOSED REMOVAL ACTIONS ARE IN ACCORDANCE WITH THE PRIORITIES SET FORTH IN DIVISION (B) OF SECTION 3734.85 of the Revised Code AND THAT THE COSTS OF CONDUCTING THEM ARE REASONABLE.

Sec. 4123.40. During the six months immediately preceding the first day of each regular session of the general assembly, the office of budget and management shall communicate to the bureau THE ADMINISTRATOR of workers' compensation an SHALL estimate of the gross payroll of all state employers for the succeeding biennium or fiscal year.

Upon receipt thereof the THE administrator of workers' compensation shall determine and certify for the office of budget and management that rate or rates which when applied to the gross payroll estimate will produce an amount equal to the estimated cost of awards OR PAYMENTS to be made during the like fiscal period, as determined by the administrator.

The rate certified shall be applied and made a part of the gross payroll calculation for the period for which the foregoing estimates have been made, in conformity with section 125.21 of the Revised Code. The amounts collected shall be remitted to the bureau as provided in section 125.21 of the Revised Code.

If the amounts remitted to the bureau for a fiscal period are greater or less than actual awards OR PAYMENTS for the like period by reason of an error in the prior estimates of gross payroll or awards OR PAYMENTS, the overage or shortage shall be included by the administrator in determining the rate for the next succeeding fiscal period.

In fixing the amount of contribution to be made by the state and each of its departments, agencies, and instrumentalities, the administrator shall classify departments, agencies, and instrumentalities into such groups as will equitably determine the contributions in accordance with their individual accident experience so that the state and its departments, agencies, and instrumentalities contribute an amount sufficient to meet individual obligations and maintain a solvent public insurance fund.

Moneys collected from state employers shall not be used to pay compensation or other benefits attributable to service of persons as employees of counties or taxing districts therein, nor shall moneys collected from counties and taxing districts therein be used to pay compensation or other benefits attributable to service of persons as employees of the state.

Sec. 4701.10. (A) Permits to practice public accounting shall be issued by the accountancy board to holders of the certificate of certified public accountant issued under section 4701.06 or 4701.061 of the Revised Code and to persons registered under sections 4701.07 and 4701.09 of the Revised Code. Subject to division (D)(1) of this section, there shall be a triennial permit fee in an amount to be determined by the board not to exceed one hundred fifty dollars. All permits shall expire on the last day of December of the year assigned by the board and, subject to division (D)(1) of this section, shall be renewed triennially for a period of three years by certificate holders and registrants in good standing upon payment of a triennial renewal fee not to exceed one hundred fifty dollars. For the purpose of implementing this section and enforcing section 4701.11 of the Revised Code, the board may issue a permit for less than three years' duration. A prorated fee shall be determined by the board for such permit. Renewal of permits shall be according to the standard renewal procedure of sections 4745.01 to 4745.03 of the Revised Code. Failure of any certificate holder or registrant to apply for a triennial permit to practice within three years from the expiration date of the permit to practice last obtained or renewed, or three years from the date upon which the certificate holder or registrant was granted his A certificate or registration, shall result in suspension of such certificate or registration unless the board determines such failure to have been due to excusable neglect. In such case the renewal fee or the fee for the issuance of the original permit, as the case may be, shall be such amount as the board shall determine, but not in excess of fifty dollars plus the fee for each triennial period or part of a period the certificate holder or registrant did not have a permit.

(B) All certificate holders and registrants who are not in the practice of public accounting in this state shall register with the board every three years at a fee, not to exceed fifty-five dollars, established by the board. Such persons shall not convey to the general public that they are actively engaged in the practice of public accounting in this state.

(C) The board shall suspend the certificate or registration of any person failing to obtain a permit in accordance with this section except that the board may by rule exempt persons from the requirement of holding a permit for such reasons as retirement, health reasons, military service, foreign residency, or other just cause.

(D)(1) On and after January 1, 1995, the board shall, by rule adopted in accordance with Chapter 119. of the Revised Code, increase the triennial permit and renewal fee imposed pursuant to this section by at least fifteen dollars but no more than thirty dollars.

(2) Beginning with the first quarter of 1995 and each quarter thereafter, the board, for the purpose provided in section 4743.05 of the Revised Code, shall certify to the director of budget and management the number of triennial permits renewed under this chapter during the preceding quarter and the amount equal to that number times the amount by which the triennial permit and renewal fee is increased by the board under division (D)(1) of this section.

Sec. 4701.20. All receipts of the accountancy board shall be deposited in the state treasury to the credit of the occupational licensing and regulatory fund, EXCEPT THAT ANY PAYMENT MADE TO THE BOARD IN CONNECTION WITH AN APPLICATION FOR EXAMINATION OR FOR A PERMIT, REGISTRATION, OR CERTIFICATE SHALL BE DEPOSITED ONLY AFTER THE BOARD APPROVES THE APPLICATION. IN THE EVENT THE APPLICATION IS NOT APPROVED, THE BOARD SHALL RETURN THE PAYMENT TO THE APPLICANT. All

ALL vouchers of the board shall be approved by the board president or executive secretary, or both, as authorized by the board.

Sec. 4743.05. Except as otherwise provided in sections 4701.20, 4723.061, and 4729.65 of the Revised Code, all money collected under Chapters 3773., 4701., 4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736., 4741., 4753., 4755., 4757., 4759., and 4761. of the Revised Code shall be paid into the state treasury to the credit of the occupational licensing and regulatory fund, which is hereby created for use in administering such chapters. Money deposited to the credit of the fund under section 4731.24 of the Revised Code shall be used until July 1, 1998, for administering Chapters 4730. and 4731. of the Revised Code.

At the end of each quarter, the director OF BUDGET AND MANAGEMENT shall transfer from the occupational licensing and regulatory fund to the nurse education assistance fund created in section 3333.28 of the Revised Code the amount certified to the director under division (B) of section 4723.08 of the Revised Code.

At the end of the first quarter of 1995 and at the end of each quarter thereafter, the director shall transfer from the occupational licensing and regulatory fund to the certified public accountant education assistance fund created in section 4701.26 of the Revised Code the amount certified to the director under division (D)(2) of section 4701.10 of the Revised Code.

Sec. 4745.01. (A) "Standard renewal procedure," as used in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923., 927., 942., 943., 953., 1321., 3710., 3713., 3715., 3719., 3731., 3742., 3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4169., 4561., 4701., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., 4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., 4747., 4749., 4753., 4755., 4757., 4759., 4761., 4766., 4773., and 4775. of the Revised Code, means the license renewal procedures specified in this chapter.

(B) "Licensing agency," as used in this chapter, means any department, division, board, section of a board, or other state governmental unit subject to the standard renewal procedure, as defined in this section, and authorized by the Revised Code to issue a license to engage in a specific profession, occupation, or occupational activity, or to have charge of and operate certain specified equipment, machinery, or premises.

(C) "License," as used in this chapter, means a license, certificate, permit, card, or other authority issued or conferred by a licensing agency by authority of which the licensee has or claims the privilege to engage in the profession, occupation, or occupational activity, or to have control of and operate certain specific equipment, machinery, or premises, over which the licensing agency has jurisdiction.

(D) "Licensee," as used in this chapter, means either the person to whom the license is issued or renewed by a licensing agency, or the person, partnership, or corporation at whose request the license is issued or renewed.

(E) "Renewal" and "renewed," as used in this chapter and in the chapters of the Revised Code specified in division (A) of this section, includes the continuing licensing procedure provided in Chapter 3748. of the Revised Code and rules adopted under it and in sections 1321.05 and 3921.33 of the Revised Code, and as applied to those continuing licenses any reference in this chapter to the date of expiration of any license shall be construed to mean the due date of the annual or other fee for the continuing license.

Sec. 4981.091. THERE IS HEREBY CREATED IN THE STATE TREASURY THE FEDERAL RAIL FUND. THE FUND SHALL CONSIST OF MONEY RECEIVED PURSUANT TO SECTION 4981.08 of the Revised Code AND SUCH OTHER MONEY AS MAY BE PROVIDED BY LAW. THE FUND SHALL BE USED TO ACQUIRE, REHABILITATE, OR DEVELOP RAIL PROPERTY OR SERVICE; TO PARTICIPATE IN THE ACQUISITION OF RAIL PROPERTY WITH THE FEDERAL GOVERNMENT, MUNICIPAL CORPORATIONS, TOWNSHIPS, COUNTIES, OR OTHER GOVERNMENTAL AGENCIES; AND TO PROMOTE, PLAN, DESIGN, CONSTRUCT, OPERATE, AND MAINTAIN PASSENGER AND FREIGHT RAIL TRANSPORTATION SYSTEMS. THE FUND ALSO MAY BE USED TO PAY THE ADMINISTRATIVE COSTS OF THE OHIO RAIL DEVELOPMENT COMMISSION ASSOCIATED WITH CONDUCTING ANY AUTHORIZED RAIL PROGRAM, AND FOR ANY PURPOSE AUTHORIZED BY SECTIONS 4981.03 AND 5501.56 of the Revised Code. THE FUND SHALL NOT BE USED TO PROVIDE LOAN GUARANTEES. INVESTMENT EARNINGS ON MONEYS CREDITED TO THE FUND SHALL BE RETAINED BY THE FUND.

IN ACQUIRING RAIL PROPERTY, THE OHIO RAIL DEVELOPMENT COMMISSION MAY OBTAIN ACQUISITION LOANS FROM THE FEDERAL GOVERNMENT OR FROM ANY OTHER SOURCE.

Sec. 5711.22. (A) Deposits not taxed at the source shall be listed and assessed at their amount in dollars on the day they are required to be listed. Moneys shall be listed and assessed at the amount thereof in dollars on hand on the day that they are required to be listed. In listing investments, the amount of the income yield of each for the calendar year next preceding the date of listing shall, except as otherwise provided in this chapter, be stated in dollars and cents and the assessment thereof shall be at the amount of such income yield; but any property defined as investments in either division (A) or (B) of section 5701.06 of the Revised Code that has not been outstanding for the full calendar year next preceding the date of listing, except shares of stock of like kind as other shares of the same corporation outstanding for the full calendar year next preceding the date of listing, or which has yielded no income during such calendar year shall be listed and assessed as unproductive investments, at their true value in money on the day that such investments are required to be listed.

Credits and other taxable intangibles shall be listed and assessed at their true value in money on the day as of which the same are required to be listed.

Shares of stock of a bank holding company, as defined in Title 12 U.S.C.A., section 1841, which are required to be listed for taxation under this division and upon which dividends were paid during the year of their issuance, which dividends are subject to taxation under the provisions of Chapter 5747. of the Revised Code, shall be exempt from the intangibles tax for the year immediately succeeding their issuance. If such shares bear dividends the first calendar year after their issuance, which dividends are subject to taxation under the provisions of Chapter 5747. of the Revised Code, it shall be deemed that the nondelinquent intangible property tax pursuant to division (A) of section 5707.04 of the Revised Code was paid on those dividends paid that first calendar year after the issuance of the shares.

(B)(1) Boilers, machinery, equipment, and personal property the true value of which is determined under division (B) of section 5711.21 of the Revised Code shall be listed and assessed at an amount equal to the sum of the products determined under divisions (B)(1)(a), (b), and (c) of this section.

(a) Multiply the portion of the true value determined under division (B)(1) of section 5711.21 of the Revised Code by the assessment rate for the appropriate year in division (D)(E) of this section;

(b) Multiply the portion of the true value determined under division (B)(2) of section 5711.21 of the Revised Code by the assessment rate in section 5727.111 of the Revised Code that is applicable to the production equipment of an electric company;

(c) Multiply the portion of the true value determined under division (B)(3) of section 5711.21 of the Revised Code by the assessment rate in section 5727.111 of the Revised Code that is applicable to the property of an electric company that is not production equipment.

(2) Personal property leased to a public utility or interexchange telecommunications company as defined in section 5727.01 of the Revised Code and used directly in the rendition of a public utility service as defined in division (P) of section 5739.01 of the Revised Code shall be listed and assessed at the same percentage of true value in money that such property is required to be assessed by section 5727.111 of the Revised Code if owned by the public utility or interexchange telecommunications company.

(C)(1) Merchandise or an agricultural product shipped from outside this state and held in this state in a warehouse or a place of storage without further manufacturing or processing and for storage only and for shipment outside this state, but that is taxable because it does not qualify as "not used in business in this state" under division (B)(1) or (2) of section 5701.08 of the Revised Code, shall be listed and assessed at a rate of twenty-five one-hundredths of its true value in money until reduced in accordance with the following schedule:

(a) For any year, subtract five one-hundredths from the rate at which such property was required to be listed and assessed in the preceding year, if the total statewide collection of all real and tangible personal property taxes for the second preceding year exceeded the total statewide collection of all real and tangible personal property taxes for the third preceding year by more than the greater of four per cent or the rate of increase from the third to the second preceding years in the average consumer price index (all urban consumers, all items) prepared by the bureau of labor statistics of the United States department of labor;

(b) If no reduction in the assessment rate is made for a year, the rate is the same as for the preceding year.

(2) Each year until the year the assessment rate equals zero, the tax commissioner shall determine the assessment rate required under this division and shall notify all county auditors of that rate.

(3) Notwithstanding provisions to the contrary in division (B) of section 5701.08 of the Revised Code, during and after the year for which the assessment rate as calculated under this division equals zero, any merchandise or agricultural product shipped from outside this state and held in this state in any warehouse or place of storage, whether public or private, without further manufacturing or processing and for storage only and for shipment outside this state to any person for any purpose is not used in business in this state for property tax purposes.

(D)(1) Merchandise or an agricultural product owned by a qualified out-of-state person shipped from outside this state and held in this state in a public warehouse without further manufacturing or processing and for temporary storage only and for shipment inside this state, but that is taxable because it does not qualify as "not used in business in this state" under division (B)(1) or (2) of section 5701.08 of the Revised Code, shall be listed and assessed at a rate of twenty-five one-hundredths of its true value in money until reduced in accordance with the following schedule:

(a) For any year, subtract five one-hundredths from the rate at which such property was required to be listed and assessed in the preceding year, if the total statewide collection of all real and tangible personal property taxes for the second preceding year exceeded the total statewide collection of all real and tangible personal property taxes for the third preceding year by more than the greater of four per cent or the rate of increase from the third to the second preceding years in the average consumer price index (all urban consumers, all items) prepared by the bureau of labor statistics of the United States department of labor;

(b) If no reduction in the assessment rate is made for a year, the rate is the same as for the preceding year.

(2) Each year until the year the assessment rate equals zero, the tax commissioner shall determine the assessment rate required under this division and shall notify all county auditors of that rate.

(3) Notwithstanding provisions to the contrary in division (B) of section 5701.08 of the Revised Code, during and after the year for which the assessment rate as calculated under this division equals zero, any merchandise or agricultural product described in division (D)(1) of this section is not used in business in this state for property tax purposes.

(4) As used in division (D) of this section:

(a) "Qualified out-of-state person" means a person that does not own, lease, or use property, other than merchandise or an agricultural product described in this division, in this state, and does not have employees, agents, or representatives in this state;

(b) "Public warehouse" means a warehouse in this state that is not subject to the control of or under the supervision of the owner of the merchandise or agricultural product stored in it, or staffed by the owner's employees, and from which the property is to be shipped inside this state.

(E) Unless otherwise provided by law, all other personal property used in business that has not been legally regarded as an improvement on land and considered in arriving at the value of the real property assessed for taxation shall be listed and assessed at the rate of twenty-five per cent of its true value in money.

Sec. 5733.04. As used in this chapter:

(A) "Issued and outstanding shares of stock" applies to nonprofit corporations, as provided in section 5733.01 of the Revised Code, and includes but is not limited to, membership certificates and other instruments evidencing ownership of an interest in such nonprofit corporations, and with respect to a financial institution which does not have capital stock, "issued and outstanding shares of stock" includes, but is not limited to, ownership interests of depositors in the capital employed in such an institution.

(B) "Taxpayer" means a corporation subject to the tax imposed by section 5733.06 of the Revised Code.

(C) "Resident" means a corporation organized under the laws of this state.

(D) "Commercial domicile" means the principal place from which the trade or business of the taxpayer is directed or managed.

(E) "Taxable year" means the period prescribed by division (A) of section 5733.031 of the Revised Code upon the net income of which the value of the taxpayer's issued and outstanding shares of stock is determined under division (B) of section 5733.05 of the Revised Code or the period prescribed by division (A) of section 5733.031 of the Revised Code that immediately precedes the date as of which the total value of the corporation is determined under division (A) or (C) of section 5733.05 of the Revised Code.

(F) "Tax year" means the calendar year in and for which the tax imposed by section 5733.06 of the Revised Code is required to be paid.

(G) "Internal Revenue Code" means the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.

(H) "Federal income tax" means the income tax imposed by the Internal Revenue Code.

(I) "Net EXCEPT AS PROVIDED IN SECTION 5733.058 of the Revised Code, "NET income" means the taxpayer's taxable income before operating loss deduction and special deductions, as required to be reported for the taxpayer's taxable year under the Internal Revenue Code, subject to the following adjustments:

(1)(a) Deduct any net operating loss incurred in any taxable years ending in 1971 or thereafter but exclusive of any net operating loss incurred in taxable years ending prior to January 1, 1971. This deduction shall not be allowed in any tax year commencing before December 31, 1973, but shall be carried over and allowed in tax years commencing after December 31, 1973, until fully utilized in the next succeeding taxable year or years in which the taxpayer has net income, but in no case for more than the designated carryover period as described in division (I)(1)(b) of this section. The amount of such net operating loss, as determined under the allocation and apportionment provisions of section 5733.051 and division (B) of section 5733.05 of the Revised Code for the year in which the net operating loss occurs, shall be deducted from net income, as determined under the allocation and apportionment provisions of section 5733.051 and division (B) of section 5733.05 of the Revised Code, to the extent necessary to reduce net income to zero with the remaining unused portion of the deduction, if any, carried forward to the remaining years of the designated carryover period as described in division (I)(1)(b) of this section, or until fully utilized, whichever occurs first.

(b) For losses incurred in taxable years ending on or before December 31, 1981, the designated carryover period shall be the five consecutive taxable years after the taxable year in which the net operating loss occurred. For losses incurred in taxable years ending on or after January 1, 1982, the designated carryover period shall be the fifteen consecutive taxable years after the taxable year in which the net operating loss occurs.

(c) The tax commissioner may require a taxpayer to furnish any information necessary to support a claim for deduction under division (I)(1)(a) of this section and no deduction shall be allowed unless the information is furnished.

(2) Deduct any amount included in net income by application of section 78 or 951 of the Internal Revenue Code, amounts received for royalties, technical or other services derived from sources outside the United States, and dividends received from a subsidiary, associate, or affiliated corporation that neither transacts any substantial portion of its business nor regularly maintains any substantial portion of its assets within the United States. For purposes of determining net foreign source income deductible under division (I)(2) of this section, the amount of gross income from all such sources other than income derived by application of section 78 or 951 of the Internal Revenue Code shall be reduced by:

(a) The amount of any reimbursed expenses for personal services performed by employees of the taxpayer for the subsidiary, associate, or affiliated corporation;

(b) Ten per cent of the amount of royalty income and technical assistance fees;

(c) Fifteen per cent of the amount of dividends and all other income.

The amounts described in divisions (I)(2)(a) to (c) of this section are deemed to be the expenses attributable to the production of deductible foreign source income unless the taxpayer shows, by clear and convincing evidence, less actual expenses or the tax commissioner shows, by clear and convincing evidence, more actual expenses.

(3) Add any loss or deduct any gain resulting from the sale, exchange, or other disposition of a capital asset, or an asset described in section 1231 of the Internal Revenue Code, to the extent that such loss or gain occurred prior to the first taxable year on which the tax provided for in section 5733.06 of the Revised Code is computed on the corporation's net income. For purposes of division (I)(3) of this section, the amount of the prior loss or gain shall be measured by the difference between the original cost or other basis of the asset and the fair market value as of the beginning of the first taxable year on which the tax provided for in section 5733.06 of the Revised Code is computed on the corporation's net income. At the option of the taxpayer, the amount of the prior loss or gain may be a percentage of the gain or loss, which percentage shall be determined by multiplying the gain or loss by a fraction, the numerator of which is the number of months from the acquisition of the asset to the beginning of the first taxable year on which the fee provided in section 5733.06 of the Revised Code is computed on the corporation's net income, and the denominator of which is the number of months from the acquisition of the asset to the sale, exchange, or other disposition of the asset.

(4) Deduct the dividend received deduction provided by section 243 of the Internal Revenue Code.

(5) Deduct any interest or interest equivalent on public obligations and purchase obligations to the extent included in federal taxable income. As used in divisions (I)(5) and (6) of this section, "public obligations," "purchase obligations," and "interest or interest equivalent" have the same meanings as in section 5709.76 of the Revised Code.

(6) Add any loss or deduct any gain resulting from the sale, exchange, or other disposition of public obligations to the extent included in federal taxable income.

(7) To the extent not otherwise allowed, deduct any dividends or distributions received by a taxpayer from a public utility, if the taxpayer owns at least eighty per cent of the issued and outstanding common stock of the utility. As used in division (I)(7) of this section, "public utility" or "utility" means a public utility as defined in Chapter 5727. of the Revised Code, whether or not the utility is doing business in the state.

(8) To the extent not otherwise allowed, deduct any dividends received by a taxpayer from an insurance company, if the taxpayer owns at least eighty per cent of the issued and outstanding common stock of the insurance company. As used in division (I)(8) of this section, "insurance company" means an insurance company which is taxable under Chapter 5725. or 5729. of the Revised Code.

(9) Deduct expenditures for modifying existing buildings or structures to meet American national standards institute standard A-117.1-1961 (R-1971), as amended; provided, that no deduction shall be allowed to the extent that such deduction is not permitted under federal law or under rules of the tax commissioner. Those deductions as are allowed may be taken over a period of five years. The tax commissioner shall adopt rules under Chapter 119. of the Revised Code establishing reasonable limitations on the extent that expenditures for modifying existing buildings or structures are attributable to the purpose of making the buildings or structures accessible to and usable by physically handicapped persons.

(10) Deduct the amount of wages and salaries, if any, not otherwise allowable as a deduction but that would have been allowable as a deduction in computing federal taxable income before operating loss deduction and special deductions for the taxable year, had the targeted jobs credit allowed and determined under sections 38, 51, and 52 of the Internal Revenue Code not been in effect.

(11) Deduct net interest income on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent the laws of the United States prohibit inclusion of the net interest for purposes of determining the value of the taxpayer's issued and outstanding shares of stock under division (B) of section 5733.05 of the Revised Code. As used in division (I)(11) of this section, "net interest" means interest net of any expenses taken on the federal income tax return that would not have been allowed under section 265 of the Internal Revenue Code if the interest were exempt from federal income tax.

(12)(a) Except as set forth in division (I)(12)(d) of this section, to the extent not included in computing the taxpayer's federal taxable income before operating loss deduction and special deductions, add gains and deduct losses from direct or indirect sales, exchanges, or other dispositions, made by a related entity who is not a taxpayer, of the taxpayer's indirect, beneficial, or constructive investment in the stock or debt of another entity, unless the gain or loss has been included in computing the federal taxable income before operating loss deduction and special deductions of another taxpayer with a more closely related investment in the stock or debt of the other entity. The amount of gain added or loss deducted shall not exceed the product obtained by multiplying such gain or loss by the taxpayer's proportionate share, directly, indirectly, beneficially, or constructively, of the outstanding stock of the related entity immediately prior to the direct or indirect sale, exchange, or other disposition.

(b) Except as set forth in division (I)(12)(e) of this section, to the extent not included in computing the taxpayer's federal taxable income before operating loss deduction and special deductions, add gains and deduct losses from direct or indirect sales, exchanges, or other dispositions made by a related entity who is not a taxpayer, of intangible property other than stock, securities, and debt, if such property was owned, or used in whole or in part, at any time prior to or at the time of the sale, exchange, or disposition by either the taxpayer or by a related entity that was a taxpayer at any time during the related entity's ownership or use of such property, unless the gain or loss has been included in computing the federal taxable income before operating loss deduction and special deductions of another taxpayer with a more closely related ownership or use of such intangible property. The amount of gain added or loss deducted shall not exceed the product obtained by multiplying such gain or loss by the taxpayer's proportionate share, directly, indirectly, beneficially, or constructively, of the outstanding stock of the related entity immediately prior to the direct or indirect sale, exchange, or other disposition.

(c) As used in division (I)(12) of this section, "related entity" means those entities described in divisions (I)(12)(c)(i) to (iii) of this section:

(i) An individual stockholder, or a member of the stockholder's family enumerated in section 318 of the Internal Revenue Code, if the stockholder and the members of the stockholder's family own, directly, indirectly, beneficially, or constructively, in the aggregate, at least fifty per cent of the value of the taxpayer's outstanding stock;

(ii) A stockholder, or a stockholder's partnership, estate, trust, or corporation, if the stockholder and the stockholder's partnerships, estates, trusts, and corporations own directly, indirectly, beneficially, or constructively, in the aggregate, at least fifty per cent of the value of the taxpayer's outstanding stock;

(iii) A corporation, or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under division (I)(12)(c)(iv) of this section, if the taxpayer owns, directly, indirectly, beneficially, or constructively, at least fifty per cent of the value of the corporation's outstanding stock.

(iv) The attribution rules of section 318 of the Internal Revenue Code apply for purposes of determining whether the ownership requirements in divisions (I)(12)(c)(i) to (iii) of this section have been met.

(d) For purposes of the adjustments required by division (I)(12)(a) of this section, the term "investment in the stock or debt of another entity" means only those investments where the taxpayer and the taxpayer's related entities directly, indirectly, beneficially, or constructively own, in the aggregate, at any time during the twenty-four month period commencing one year prior to the direct or indirect sale, exchange, or other disposition of such investment at least fifty per cent or more of the value of either the outstanding stock or such debt of such other entity.

(e) For purposes of the adjustments required by division (I)(12)(b) of this section, the term "related entity" excludes all of the following:

(i) Foreign corporations as defined in section 7701 of the Internal Revenue Code;

(ii) Foreign partnerships as defined in section 7701 of the Internal Revenue Code;

(iii) Corporations, partnerships, estates, and trusts created or organized in or under the laws of the Commonwealth of Puerto Rico or any possession of the United States;

(iv) Foreign estates and foreign trusts as defined in section 7701 of the Internal Revenue Code.

The exclusions described in divisions (I)(12)(e)(i) to (iv) of this section do not apply if the corporation, partnership, estate, or trust is described in any one of divisions (C)(1) to (5) of section 5733.042 of the Revised Code.

(f) Nothing in division (I)(12) of this section shall require or permit a taxpayer to add any gains or deduct any losses described in divisions (I)(12)(f)(i) and (ii) of this section:

(i) Gains or losses recognized for federal income tax purposes by an individual, estate, or trust without regard to the attribution rules described in division (I)(12)(c) of this section, and

(ii) A related entity's gains or losses described in division (I)(12)(b) if the taxpayer's ownership of or use of such intangible property was limited to a period not exceeding nine months and was attributable to a transaction or a series of transactions executed in accordance with the election or elections made by the taxpayer or a related entity pursuant to section 338 of the Internal Revenue Code.

(13) Any adjustment required by section 5733.042 of the Revised Code.

(14) Add any amount claimed as a credit under section 5733.0611 of the Revised Code to the extent that such amount satisfies either of the following:

(a) It was deducted or excluded from the computation of the corporation's taxable income before operating loss deduction and special deductions as required to be reported for the corporation's taxable year under the Internal Revenue Code;

(b) It resulted in a reduction of the corporation's taxable income before operating loss deduction and special deductions as required to be reported for any of the corporation's taxable years under the Internal Revenue Code.

(14)(15) Deduct the amount contributed by the taxpayer to an individual development account program established by a county department of human services pursuant to sections 329.11 to 329.14 of the Revised Code for the purpose of matching funds deposited by program participants. On request of the tax commissioner, the taxpayer shall provide any information that, in the tax commissioner's opinion, is necessary to establish the amount deducted under division (I)(14)(15) of this section.

(J) Any term used in this chapter has the same meaning as when used in comparable context in the laws of the United States relating to federal income taxes unless a different meaning is clearly required. Any reference in this chapter to the Internal Revenue Code includes other laws of the United States relating to federal income taxes.

(K) "Financial institution" has the meaning given by section 5725.01 of the Revised Code but does not include a production credit association as described in 85 Stat. 597, 12 U.S.C.A. 2091.

(L)(1) A "qualifying holding company" is any corporation satisfying all of the following requirements:

(a) Subject to divisions (L)(2) and (3) of this section, the net book value of the corporation's intangible assets is greater than or equal to ninety per cent of the net book value of all of its assets and at least fifty per cent of the net book value of all of its assets represents direct or indirect investments in the equity of, loans and advances to, and accounts receivable due from related members;

(b) At least ninety per cent of the corporation's gross income for the taxable year is attributable to the following:

(i) The maintenance, management, ownership, acquisition, use, and disposition of its intangible property, its aircraft the use of which is not subject to regulation under 14 C.F.R. part 121 or part 135, and any real property described in division (L)(2)(c) of this section;

(ii) The collection and distribution of income from such property.

(c) The corporation is not a financial institution on the last day of the taxable year ending prior to the first day of the tax year;

(d) The corporation's related members make a good faith and reasonable effort to make timely and fully the adjustments required by division (C)(2) of section 5733.05 of the Revised Code and to pay timely and fully all uncontested taxes, interest, penalties, and other fees and charges imposed under this chapter;

(e) Subject to division (L)(4) of this section, the corporation elects to be treated as a qualifying holding company for the tax year.

A corporation otherwise satisfying divisions (L)(1)(a) to (e) of this section that does not elect to be a qualifying holding company is not a qualifying holding company for the purposes of this chapter.

(2)(a)(i) For purposes of making the ninety per cent computation under division (L)(1)(a) of this section, the net book value of the corporation's assets shall not include the net book value of aircraft or real property described in division (L)(1)(b)(i) of this section.

(ii) For purposes of making the fifty per cent computation under division (L)(1)(a) of this section, the net book value of assets shall include the net book value of aircraft or real property described in division (L)(1)(b)(i) of this section.

(b)(i) As used in division (L) of this section, "intangible asset" includes, but is not limited to, the corporation's direct interest in each pass-through entity only if at all times during the corporation's taxable year ending prior to the first day of the tax year the corporation's and the corporation's related members' combined direct and indirect interests in the capital or profits of such pass-through entity do not exceed fifty per cent. If the corporation's interest in the pass-through entity is an intangible asset for that taxable year, then the distributive share of any income from the pass-through entity shall be income from an intangible asset for that taxable year.

(ii) If a corporation's and the corporation's related members' combined direct and indirect interests in the capital or profits of a pass-through entity exceed fifty per cent at any time during the corporation's taxable year ending prior to the first day of the tax year, "intangible asset" does not include the corporation's direct interest in the pass-through entity, and the corporation shall include in its assets its proportionate share of the assets of any such pass-through entity and shall include in its gross income its distributive share of the gross income of such pass-through entity in the same form as was earned by the pass-through entity.

(iii) A pass-through entity's direct or indirect proportionate share of any other pass-through entity's assets shall be included for the purpose of computing the corporation's proportionate share of the pass-through entity's assets under division (L)(2)(b)(ii) of this section, and such pass-through entity's distributive share of any other pass-through entity's gross income shall be included for purposes of computing the corporation's distributive share of the pass-through entity's gross income under division (L)(2)(b)(ii) of this section.

(c) For the purposes of divisions (L)(1)(b)(i), (1)(b)(ii), (2)(a)(i), and (2)(a)(ii) of this section, real property is described in division (L)(2)(c) of this section only if all of the following conditions are present at all times during the taxable year ending prior to the first day of the tax year:

(i) The real property serves as the headquarters of the corporation's trade or business, or is the place from which the corporation's trade or business is principally managed or directed;

(ii) Not more than ten per cent of the value of the real property and not more than ten per cent of the square footage of the building or buildings that are part of the real property is used, made available, or occupied for the purpose of providing, acquiring, transferring, selling, or disposing of tangible property or services in the normal course of business to persons other than related members, the corporation's employees and their families, and such related members' employees and their families.

(d) As used in division (L) of this section, "related member" has the same meaning as in division (A)(6) of section 5733.042 of the Revised Code without regard to division (B) of that section.

(3) The percentages described in division (L)(1)(a) of this section shall be equal to the quarterly average of those percentages as calculated during the corporation's taxable year ending prior to the first day of the tax year.

(4) With respect to the election described in division (L)(1)(e) of this section:

(a) The election need not accompany a timely filed report;

(b) The election need not accompany the report; rather, the election may accompany a subsequently filed but timely application for refund and timely amended report, or a subsequently filed but timely petition for reassessment;

(c) The election is not irrevocable;

(d) The election applies only to the tax year specified by the corporation;

(e) The corporation's related members comply with division (L)(1)(d) of this section.

Nothing in division (L)(4) of this section shall be construed to extend any statute of limitations set forth in this chapter.

(M) "Qualifying controlled group" means two or more corporations that satisfy the ownership and control requirements of division (A) of section 5733.052 of the Revised Code.

(N) "Limited liability company" means any limited liability company formed under Chapter 1705. of the Revised Code or under the laws of any other state.

(O) "Pass-through entity" means a corporation that has made an election under subchapter S of Chapter 1 of Subtitle A of the Internal Revenue Code for its taxable year under that code, or a partnership, limited liability company, or any other person, other than an individual, trust, or estate, if the partnership, limited liability company, or other person is not classified for federal income tax purposes as an association taxed as a corporation.

Sec. 5733.05. As used in this section, "qualified research" means laboratory research, experimental research, and other similar types of research; research in developing or improving a product; or research in developing or improving the means of producing a product. It does not include market research, consumer surveys, efficiency surveys, management studies, ordinary testing or inspection of materials or products for quality control, historical research, or literary research. "Product" as used in this paragraph does not include services or intangible property.

The annual report determines the value of the issued and outstanding shares of stock of the taxpayer, which under division (A) or divisions (B) and (C) of this section is the base or measure of the franchise tax liability. Such determination shall be made as of the date shown by the report to have been the beginning of the corporation's annual accounting period that includes the first day of January of the tax year. For the purposes of this chapter, the value of the issued and outstanding shares of stock of any corporation that is a financial institution shall be deemed to be the value as calculated in accordance with division (A) of this section. For the purposes of this chapter, the value of the issued and outstanding shares of stock of any corporation that is not a financial institution shall be deemed to be the values as calculated in accordance with divisions (B) and (C) of this section.

(A) The total value, as shown by the books of the financial institution, of its capital, surplus, whether earned or unearned, undivided profits, and reserves shall be determined as prescribed by section 5733.056 of the Revised Code for tax years 1998 and thereafter.

(B) The sum of the corporation's net income during the corporation's taxable year, allocated or apportioned to this state as prescribed in divisions (B)(1) and (2) of this section, and subject to sections 5733.052, 5733.053, and 5733.057, AND 5733.058 of the Revised Code:

(1) The net income allocated to this state as provided by section 5733.051 of the Revised Code.

(2) The amount of Ohio apportioned net income from sources other than those allocated under section 5733.051 of the Revised Code, which shall be determined by multiplying the corporation's net income by a fraction. The numerator of the fraction is the sum of the following products: the property factor multiplied by twenty, the payroll factor multiplied by twenty, and the sales factor multiplied by sixty. The denominator of the fraction is one hundred, provided that the denominator shall be reduced by twenty if the property factor has a denominator of zero, by twenty if the payroll factor has a denominator of zero, and by sixty if the sales factor has a denominator of zero.

The property, payroll, and sales factors shall be determined as follows:

(a) The property factor is a fraction the numerator of which is the average value of the corporation's real and tangible personal property owned or rented, and used in the trade or business in this state during the taxable year, and the denominator of which is the average value of all the corporation's real and tangible personal property owned or rented, and used in the trade or business everywhere during such year. There shall be excluded from the numerator and denominator of the property factor the original cost of all of the following property within Ohio: property with respect to which a "pollution control facility" certificate has been issued pursuant to section 5709.21 of the Revised Code; property with respect to which an "industrial water pollution control certificate" has been issued pursuant to section 6111.31 of the Revised Code; and property used exclusively during the taxable year for qualified research.

(i) Property owned by the corporation is valued at its original cost. Property rented by the corporation is valued at eight times the net annual rental rate. "Net annual rental rate" means the annual rental rate paid by the corporation less any annual rental rate received by the corporation from subrentals.

(ii) The average value of property shall be determined by averaging the values at the beginning and the end of the taxable year, but the tax commissioner may require the averaging of monthly values during the taxable year, if reasonably required to reflect properly the average value of the corporation's property.

(b) The payroll factor is a fraction the numerator of which is the total amount paid in this state during the taxable year by the corporation for compensation, and the denominator of which is the total compensation paid everywhere by the corporation during such year. There shall be excluded from the numerator and the denominator of the payroll factor the total compensation paid in this state to employees who are primarily engaged in qualified research.

(i) Compensation means any form of remuneration paid to an employee for personal services.

(ii) Compensation is paid in this state if: (1) the recipient's service is performed entirely within this state, (2) the recipient's service is performed both within and without this state, but the service performed without this state is incidental to the recipient's service within this state, (3) some of the service is performed within this state and either the base of operations, or if there is no base of operations, the place from which the service is directed or controlled is within this state, or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the recipient's residence is in this state.

(iii) Compensation is paid in this state to any employee of a common or contract motor carrier corporation, who performs the employee's regularly assigned duties on a motor vehicle in more than one state, in the same ratio by which the mileage traveled by such employee within the state bears to the total mileage traveled by such employee everywhere during the taxable year.

(c) The sales factor is a fraction the numerator of which is the total sales in this state by the corporation during the taxable year, and the denominator of which is the total sales by the corporation everywhere during such year. In determining the numerator and denominator of the sales factor, receipts from the sale or other disposal of a capital asset or an asset described in section 1231 of the Internal Revenue Code shall be eliminated. Also, in determining the numerator and denominator of the sales factor, in the case of a reporting corporation owning at least eighty per cent of the issued and outstanding common stock of one or more public utilities or insurance companies, or owning at least twenty-five per cent of the issued and outstanding common stock of one or more financial institutions, receipts received by the reporting corporation from such utilities, insurance companies, and financial institutions shall be eliminated.

For the purpose of this section and section 5733.03 of the Revised Code, sales of tangible personal property are in this state where such property is received in this state by the purchaser. In the case of delivery of tangible personal property by common carrier or by other means of transportation, the place at which such property is ultimately received after all transportation has been completed shall be considered as the place at which such property is received by the purchaser. Direct delivery in this state, other than for purposes of transportation, to a person or firm designated by a purchaser constitutes delivery to the purchaser in this state, and direct delivery outside this state to a person or firm designated by a purchaser does not constitute delivery to the purchaser in this state, regardless of where title passes or other conditions of sale.

Sales, other than sales of tangible personal property, are in this state if either:

(i) The income-producing activity is performed solely in this state;

(ii) The income-producing activity is performed both within and without this state and a greater proportion of the income-producing activity is performed within this state than in any other state, based on costs of performance.

(d) If the allocation and apportionment provisions of division (B) of this section do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may request, which request must be in writing and must accompany the report, timely filed petition for reassessment, or timely filed amended report, or the tax commissioner may require, in respect to all or any part of the taxpayer's allocated or apportioned base, if reasonable, any one or more of the following:

(i) Separate accounting;

(ii) The exclusion of any one or more of the factors;

(iii) The inclusion of one or more additional factors which will fairly represent the taxpayer's allocated or apportioned base in this state.

An alternative method will be effective only with approval by the tax commissioner.

Nothing in this section shall be construed to extend any statute of limitations set forth in this chapter.

(C)(1) Subject to divisions (C)(2) and (3) of this section, the total value, as shown on the books of each corporation that is not a qualified holding company, of the net book value of a corporation's assets less the net carrying value of its liabilities. For the purposes of determining that total value, any reserves shown on the corporation's books shall be considered liabilities or contra assets except for any reserves that are deemed appropriations of retained earnings under generally accepted accounting principles.

(2)(a) If, on the last day of the taxpayer's taxable year preceding the tax year, the taxpayer is a related member to a corporation that elects to be a qualifying holding company for the tax year beginning after the last day of the taxpayer's taxable year, or if, on the last day of the taxpayer's taxable year preceding the tax year, a corporation that elects to be a qualifying holding company for the tax year beginning after the last day of the taxpayer's taxable year is a related member to the taxpayer, then the taxpayer's total value shall be adjusted by the qualifying amount. Except as otherwise provided under division (C)(2)(b) of this section, "qualifying amount" means the amount that, when added to the taxpayer's total value, and when subtracted from the net carrying value of the taxpayer's liabilities computed without regard to division (C)(2) of this section, or when subtracted from the taxpayer's total value and when added to the net carrying value of the taxpayer's liabilities computed without regard to division (C)(2) of this section, results in the taxpayer's debt-to-equity ratio equaling the debt-to-equity ratio of the qualifying controlled group on the last day of the taxable year ending prior to the first day of the tax year computed on a consolidated basis in accordance with general accepted accounting principles. For the purposes of division (C)(2)(a) of this section, the corporation's total value, after the adjustment required by that division, shall not exceed the net book value of the corporation's assets.

(b)(i) The amount added to the taxpayer's total value and subtracted from the net carrying value of the taxpayer's liabilities shall not exceed the amount of the net carrying value of the taxpayer's liabilities owed to the taxpayer's related members.

(ii) A liability owed to the taxpayer's related members includes, but is not limited to, any amount that the corporation owes to a person that is not a related member if the corporation's related member or related members in whole or in part guarantee any portion or all of that amount, or pledge, hypothecate, mortgage, or carry out any similar transactions to secure any portion or all of that amount.

(3) The base upon which the tax is levied under division (C) of section 5733.06 of the Revised Code shall be computed by multiplying the amount determined under divisions (C)(1) and (2) of this section by the fraction determined under divisions (B)(2)(a) to (c) of this section and, if applicable, divisions (B)(2)(d)(ii) to (iv) of this section but without regard to section 5733.052 of the Revised Code.

(4) For purposes of division (C) of this section, "related member" has the same meaning as in division (A)(6) of section 5733.042 of the Revised Code without regard to division (B) of that section.

Sec. 5733.057. In AS USED IN THIS SECTION, "ADJUSTED QUALIFYING AMOUNT" HAS THE SAME MEANING AS IN SECTION 5733.40 of the Revised Code.

EXCEPT AS OTHERWISE PROVIDED IN DIVISIONS (A) AND (B) OF SECTION 5733.401 AND IN SECTIONS 5733.058 AND 5747.401 of the Revised Code, IN making any computation under sections 5733.042, 5733.05, 5733.051, 5733.052, and 5733.053, 5733.40, 5733.41, 5747.41, AND 5747.43 of the Revised Code, a corporation EACH PERSON shall include in its THAT PERSON'S items of ADJUSTED QUALIFYING AMOUNTS, allocable income or loss, IF ANY, apportionable income or loss, property, compensation, and sales, the corporation's PERSON'S entire distributive share or proportionate share of the items of ADJUSTED QUALIFYING AMOUNTS, allocable income or loss, apportionable income or loss, property, compensation, and sales of any pass-through entity in which the corporation PERSON has a direct or indirect ownership interest at any time during the corporation's PERSON'S taxable year. A pass-through entity's direct or indirect distributive share or proportionate share of any other pass-through entity's items of ADJUSTED QUALIFYING AMOUNTS, allocable income or loss, apportionable income or loss, property, compensation, and sales shall be included for the purposes of computing the corporation's PERSON'S distributive share or proportionate share of the pass-through entity's items of ADJUSTED QUALIFYING AMOUNTS, allocable income or loss, apportionable income or loss, property, compensation, and sales under this section. Those items shall be in the same form as was recognized by the pass-through entity.

Sec. 5733.058. (A) AS USED IN THIS SECTION, AN "EXEMPTED INVESTMENT" IS A DIRECT OR INDIRECT INVESTMENT IN THE EQUITY OF, OR THE DIRECT OR INDIRECT OWNERSHIP OF, A PERSON SATISFYING DIVISIONS (A)(1) AND (2) OF THIS SECTION FOR THE PERSON'S ENTIRE FISCAL OR CALENDAR YEAR ENDING WITHIN OR WITH THE CORPORATION'S TAXABLE YEAR ENDING IMMEDIATELY PRIOR TO THE TAX YEAR.

(1) THE PERSON IS A LIMITED LIABILITY COMPANY NOT TREATED AS A SEPARATE C CORPORATION FOR FEDERAL INCOME TAX PURPOSES, OR THE PERSON IS A PASS-THROUGH ENTITY.

(2) THE PERSON OWNS AND OPERATES A PUBLIC UTILITY IN THIS STATE AND AS SUCH IS REQUIRED BY LAW TO FILE REPORTS WITH THE TAX COMMISSIONER AND PAY AN EXCISE TAX UPON ITS GROSS RECEIPTS.

(B) EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, EACH CORPORATION DIRECTLY OR INDIRECTLY OWNING OR DIRECTLY OR INDIRECTLY HAVING AN EQUITY INVESTMENT IN AN EXEMPTED INVESTMENT SHALL MAKE THE ADJUSTMENTS REQUIRED BY DIVISIONS (B)(1) TO (4) OF THIS SECTION.

(1) THE CORPORATION SHALL DEDUCT FROM ITS NET INCOME THE DISTRIBUTIVE SHARE OF NET INCOME AND GAIN ATTRIBUTABLE TO THE CORPORATION'S EXEMPTED INVESTMENT, BUT ONLY TO THE EXTENT SUCH NET INCOME AND GAIN ARE INCLUDED IN THE CORPORATION'S NET INCOME WITHOUT REGARD TO THIS SECTION.

(2) THE CORPORATION SHALL ADD TO ITS NET INCOME THE DISTRIBUTIVE SHARE OF EXPENSES AND LOSSES ATTRIBUTABLE TO THE EXEMPTED INVESTMENT, BUT ONLY TO THE EXTENT SUCH EXPENSES AND LOSSES HAVE BEEN DEDUCTED IN CALCULATING THE CORPORATION'S NET INCOME WITHOUT REGARD TO THIS SECTION.

(3)(a) THE CORPORATION SHALL EXCLUDE FROM THE CALCULATION OF ITS PROPERTY, PAYROLL, AND SALES FACTORS, AS DEFINED IN DIVISIONS (B)(2)(a) TO (c) OF SECTION 5733.05 of the Revised Code, THE CORPORATION'S PROPORTIONATE SHARE OF THE PROPERTY, PAYROLL, AND SALES ATTRIBUTABLE TO THE EXEMPTED INVESTMENT, BUT ONLY TO THE EXTENT THE CORPORATION'S PROPORTIONATE SHARE OF THE PROPERTY, PAYROLL, AND SALES ATTRIBUTABLE TO THE EXEMPTED INVESTMENT WOULD BE INCLUDED IN THE CALCULATION OF THE CORPORATION'S PROPERTY, PAYROLL, AND SALES FACTORS UNDER SECTION 5733.057 of the Revised Code WITHOUT REGARD TO THIS SECTION.

(b) DIVISION (B)(3)(a) OF THIS SECTION DOES NOT APPLY TO DIVISION (B)(2)(d) OF SECTION 5733.05 of the Revised Code.

(4) NOTWITHSTANDING SECTION 5733.98 of the Revised Code TO THE CONTRARY, A CORPORATION SHALL NOT BE ALLOWED ANY NONREFUNDABLE CREDIT OR NONREFUNDABLE CREDIT CARRYFORWARD LISTED IN THAT SECTION TO THE EXTENT THE CREDIT IS ATTRIBUTABLE TO THE CORPORATION'S DIRECT OR INDIRECT OWNERSHIP OF OR EQUITY INVESTMENT IN AN EXEMPTED INVESTMENT AND SUCH CREDIT DIRECTLY RELATES TO THE OWNING AND OPERATING OF A PUBLIC UTILITY IN THIS STATE BY A PERSON DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION.

(C)(1) THE ADJUSTMENTS PROVIDED BY DIVISION (B) OF THIS SECTION SHALL BE ALLOWED AND REQUIRED ONLY TO THE EXTENT THAT SUCH ADJUSTMENTS DIRECTLY RELATE TO THE OWNING AND OPERATING OF A PUBLIC UTILITY IN THIS STATE BY A PERSON DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION.

(2) TO THE EXTENT THAT ANY GROSS RECEIPTS OF A PERSON DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION ARE NOT FOR BUSINESS DONE BY SUCH PERSON FROM THE DIRECT OR INDIRECT OPERATION OF, OR THE DIRECT OR INDIRECT OWNERSHIP OF, A PUBLIC UTILITY IN THIS STATE, THEN SUCH GROSS RECEIPTS AND RELATED PROPERTY AND PAYROLL SHALL NOT BE SUBJECT TO THE ADJUSTMENT OTHERWISE PROVIDED BY DIVISION (B) OF THIS SECTION.

(3) DIVISION (B) OF THIS SECTION DOES NOT APPLY TO THE CORPORATION, AND SECTION 5733.057 of the Revised Code SHALL APPLY TO THE CORPORATION'S COMPUTATION OF ITS NET INCOME, ITS PROPERTY, PAYROLL, AND SALES FACTORS, AND ITS CREDITS TO THE EXTENT THAT THE PERSON DESCRIBED IN DIVISIONS (A)(1) AND (2) OF THIS SECTION DIRECTLY OR INDIRECTLY OWNS OR DIRECTLY OR INDIRECTLY HAS AN EQUITY INVESTMENT IN ANY OTHER PERSON DESCRIBED IN DIVISION (A)(1) OF THIS SECTION BUT NOT DESCRIBED IN DIVISION (A)(2) OF THIS SECTION.

(D) SECTION 5733.057 of the Revised Code APPLIES FOR PURPOSES OF THE OWNERSHIP AND INVESTMENT CRITERIA SET FORTH IN THIS SECTION.

(E) THIS SECTION IS EFFECTIVE FOR TAXABLE YEARS ENDING AFTER SEPTEMBER 28, 1997.

Sec. 5733.0611. (A) There is hereby allowed a nonrefundable credit against the tax imposed under section 5733.06 of the Revised Code. The credit shall be equal to the taxpayer's proportionate share of the lesser of either the tax due or the tax paid by any qualifying entity under section 5733.41 of the Revised Code for the qualifying taxable year of the qualifying entity that ends in the taxable year of the taxpayer. The taxpayer shall claim the credit for the taxpayer's taxable year in which ends the qualifying entity's qualifying taxable year.

In claiming the credit and determining its proportionate share of the tax due and the tax paid by the qualifying entity, the person claiming the credit shall follow the concepts set forth in subchapter K of the Internal Revenue Code. Nothing in this division shall be construed to limit or disallow pass-through treatment of a pass-through entity's income, deductions, credits, or other amounts necessary to compute the tax imposed and the credits allowed under this chapter.

The credit shall be claimed in the order required under section 5733.98 of the Revised Code. Any unused credit shall be allowed as a credit in the ensuing tax year. Any such amount allowed as a credit in an ensuing tax year shall be deducted from the balance carried forward to the next ensuing tax year.

(B) Any person that is not a taxpayer solely by reason of division (A) or (C) of section 5733.09 of the Revised Code OR A PERSON DESCRIBED IN SECTION 501(c) OF THE INTERNAL REVENUE CODE OR DIVISION (F) OF SECTION 3334.01 of the Revised Code, but that would be entitled to claim the nonrefundable credit under this section if that person were a taxpayer, may file an application for refund pursuant to section 5733.12 of the Revised Code. Upon proper application for refund under that section, the tax commissioner shall issue a refund in the amount of the credit to which that person would have been entitled under division (A)(1) of this section had IF the person HAD been a taxpayer, and as if the credit were a refundable credit.

(C) If AN ORGANIZATION DESCRIBED IN SECTION 401(a) OF THE INTERNAL REVENUE CODE OR a trust or fund is entitled to a proportionate share of the lesser of either the tax due or the tax paid by any qualifying entity under section 5733.41 of the Revised Code, and if that proportionate share is then OR COULD BE allocable to an exempt person as defined in division (D) of this section, then the qualifying ORGANIZATION, trust, or fund may file an application for refund with respect to such allocable amounts pursuant to section 5733.12 of the Revised Code. Upon proper application for refund under that section, the tax commissioner shall issue a refund in the amount of the credit to which the qualifying ORGANIZATION, trust, or fund would have been entitled under division (A)(1) of this section had the ORGANIZATION, trust, or fund been a taxpayer, and as if the credit were a refundable credit. To the extent that a SUCH AN ORGANIZATION, trust, or fund is permitted to apply for a refund under this division, or to the extent that a SUCH AN ORGANIZATION, trust, or fund has applied for such a refund, exempt persons are not entitled to the credit authorized under this section or section 5747.059 of the Revised Code.

(D)(1) For the purposes of division (C) of this section only, "exempt person" means any of the following:

(a) A person that is or may be the beneficiary of a trust if the trust is subject to Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue Code.

(b) A person that is or may be the beneficiary of or the recipient of payments from a nuclear decommissioning reserve fund, a designated settlement fund, or any other trust or fund established to resolve and satisfy claims that may otherwise be asserted by the beneficiary or a member of the beneficiary's family. Sections 267(c)(4), 468A(e), and 468B(d)(2) of the Internal Revenue Code apply to the determination of whether such a person is an exempt person under division (D) of this section.

(c) A person, OTHER THAN A PERSON THAT IS TREATED AS A C CORPORATION FOR FEDERAL INCOME TAX PURPOSES, who is or may be the beneficiary of a trust that, under its governing instrument, is not required to distribute all of its income currently. Division (D)(1)(c) of this section applies only if the trust irrevocably agrees that for the taxable year during or for which the trust distributes any of its income to any of the beneficiaries, the trust is a qualifying trust AS DEFINED IN SECTION 5733.40 of the Revised Code and will pay the estimated tax, and will withhold and pay the withheld tax as required under SECTION 5733.41 AND sections 5747.40 to 5747.453 of the Revised Code.

(2) An exempt person does not include any person that would not qualify as an exempt person under the doctrines of "economic reality," "sham transaction," "step doctrine," or "substance over form." A NOTWITHSTANDING SECTIONS 5733.111 AND 5747.131 of the Revised Code TO THE CONTRARY, AN ORGANIZATION, trust, or fund described in division (C) of this section bears the burden of establishing by a preponderance of the evidence that any transaction giving rise to a claim for a refundable credit under this section does not have as a principal purpose a claim for that credit. Nothing in this section shall be construed to limit solely to this section the application of the doctrines referred to in division (D)(2) of this section.

(e)(E) Nothing in this section shall be construed to allow a refund more than once with respect to the taxes imposed under section 5733.41 or 5747.41 of the Revised Code.

Sec. 5733.12. (A) Four and two-tenths per cent of all payments received by the treasurer of state from the taxes imposed under sections 5733.06 and 5733.41 of the Revised Code shall be credited to the local government fund for distribution in accordance with section 5747.50 of the Revised Code, six-tenths of one per cent shall be credited to the local government revenue assistance fund for distribution in accordance with section 5747.61 of the Revised Code, and ninety-five and two-tenths per cent shall be credited to the general revenue fund.

(B) Except as otherwise provided under divisions (C) and (D) of this section, an application to refund to the corporation the amount of taxes imposed under section 5733.06 of the Revised Code that are overpaid, paid illegally or erroneously, or paid on any illegal, erroneous, or excessive assessment, with interest thereon as provided by section 5733.26 of the Revised Code, shall be filed with the tax commissioner, on the form prescribed by the commissioner, within three years from the date of the illegal, erroneous, or excessive payment of the tax, or within any additional period allowed by division (C)(2) of section 5733.031, division (D)(2) of section 5733.067, or division (A) of section 5733.11 of the Revised Code.

On the filing of the refund application, the commissioner shall determine the amount of refund due and certify such amount to the director of budget and management and treasurer of state for payment from the tax refund fund created by section 5703.052 of the Revised Code.

(C) "Ninety days" shall be substituted for "three years" in division (B) of this section if the taxpayer satisfies both of the following:

(1) The taxpayer has applied for a refund based in whole or in part upon section 5733.0611 of the Revised Code;

(2) The taxpayer asserts that the imposition or collection of the tax imposed or charged by section 5733.06 of the Revised Code or any portion of such tax violates the Constitution of the United States or the Constitution of this state.

(D)(1) Division (D)(2) of this section applies only if all of the following conditions are satisfied:

(a) A qualifying pass-through entity pays an amount of the tax imposed by section 5733.41 of the Revised Code;

(b) The taxpayer is a qualifying investor as to that qualifying pass-through entity;

(c) The taxpayer did not claim the credit provided for in section 5733.0611 of the Revised Code as to the tax described in division (D)(1)(a) of this section;

(d) The three-year period described in division (B) of this section has ended as to the taxable year for which the taxpayer otherwise would have claimed that credit.

(2) A taxpayer shall file an application for refund pursuant to this division within one year after the date the payment described in division (D)(1)(a) of this section is made. An application filed under this division shall only claim refund of overpayments resulting from the taxpayer's failure to claim the credit described in division (D)(1)(c) of this section. Nothing in this division shall be construed to relieve a taxpayer from complying with the provisions of division (I)(13)(14) of section 5733.04 of the Revised Code.

Sec. 5733.40. As used in sections 5733.40 and 5733.41 and Chapter 5747. of the Revised Code:

(A)(1) "Adjusted qualifying amount" means either of the following:

(a) The net sum of a qualifying investor's distributive share of the income, gain, expense, or loss of a qualifying pass-through entity for the qualifying taxable year of the qualifying pass-through entity multiplied by the apportionment fraction defined in division (B) of this section, subject to SECTION 5733.401 of the Revised Code AND divisions (A)(2) to (6) of this section;

(b) The sum of a qualifying beneficiary's share of the qualifying net income and qualifying net gain distributed by a qualifying trust for the qualifying taxable year of the qualifying trust multiplied by the apportionment fraction defined in division (B) of this section, subject to SECTION 5733.401 of the Revised Code AND divisions (A)(2) to (5) of this section.

(2) The sum shall exclude any amount which, pursuant to the Constitution of the United States, the Constitution of Ohio, or any federal law is not subject to a tax on or measured by net income.

(3) The sum shall be increased by all amounts representing expenses other than amounts described in division (A)(6) of this section that the taxpayer paid to or incurred with respect to direct or indirect transactions with one or more related members, excluding the cost of goods sold calculated in accordance with section 263A of the Internal Revenue Code and United States department of the treasury regulations issued thereunder. Nothing in division (A)(3) of this section shall be construed to limit solely to this chapter the application of section 263A of the Internal Revenue Code and United States department of the treasury regulations issued thereunder.

(4) The sum shall be increased by all recognized losses, other than losses from sales of inventory the cost of which is calculated in accordance with section 263A of the Internal Revenue Code and United States department of the treasury regulations issued thereunder, with respect to all direct or indirect transactions with one or more related members. Losses from the sales of such inventory shall be calculated in accordance with section 482 of the Internal Revenue Code and United States department of the treasury regulations issued thereunder. Nothing in division (A)(4) of this section shall be construed to limit solely to this section the application of section 236A and section 482 of the Internal Revenue Code and United States department of the treasury regulations issued thereunder.

(5) The sum shall be computed without regard to section 5733.051 or division (D) of section 5733.052 of the Revised Code.

(6) For the purposes of Chapters 5733. and 5747. of the Revised Code, guaranteed payments made by a partnership or by a limited liability company that is not subject to the tax imposed by section 5733.06 of the Revised Code, and compensation paid by an S corporation to its shareholders, shall be considered a distributive share of income of the partnership, limited liability company, or S corporation. Division (A)(6) of this section applies only to such payments or such compensation made or paid to a qualifying investor who is a related member to or of the qualifying entity.

(B) "Apportionment fraction" means:

(1) With respect to a qualifying pass-through entity other than a financial institution, the fraction calculated pursuant to division (B)(2) of section 5733.05 of the Revised Code as if the qualifying pass-through entity were a corporation subject to the tax imposed by section 5733.06 of the Revised Code;

(2) With respect to a qualifying pass-through entity that is a financial institution, the fraction calculated pursuant to DIVISION (C) OF section 5133.056 5733.056 of the Revised Code as if the qualifying pass-through entity were a financial institution subject to the tax imposed by section 5733.06 of the Revised Code.

(3) With respect to a qualifying trust, the fraction calculated pursuant to division (B)(2) of section 5733.05 of the Revised Code as if the qualifying trust were a corporation subject to the tax imposed by section 5733.06 of the Revised Code, except that the property, payroll, and sales fractions shall be calculated by including in the numerator and denominator of the fractions only the property, payroll, and sales, respectively, directly related to the production of income or gain from acquisition, ownership, use, maintenance, management, or disposition of tangible personal property located in this state at any time during the qualifying trust's qualifying taxable year or of real property located in this state.

(C) "Qualifying beneficiary" means any individual that, during the qualifying taxable year of a qualifying trust, is a beneficiary of that trust, but does not include an individual who is a resident taxpayer for the purposes of Chapter 5747. of the Revised Code for the entire qualifying taxable year of the qualifying trust.

(D) "Fiscal year" means an accounting period ending on any day other than the thirty-first day of December.

(E) "Individual" means a natural person.

(F) "Month" means a calendar month.

(G) "Partnership" has the same meaning as in section 5747.01 of the Revised Code.

(H) "Investor" means any person that, during any portion of a taxable year of a qualifying pass-through entity, is a partner, member, shareholder, or investor in that qualifying pass-through entity.

(I) "Qualifying EXCEPT AS OTHERWISE PROVIDED IN SECTION 5733.402 OR 5747.401 of the Revised Code, "QUALIFYING investor" means any investor except those described in divisions (I)(1) to (9) of this section.

(1) An investor satisfying one of the descriptions under section 501(a) OR (c) of the Internal Revenue Code, AN ELECTING SMALL BUSINESS TRUST, A PARTNERSHIP WITH EQUITY SECURITIES REGISTERED WITH THE UNITED STATES SECURITIES AND EXCHANGE COMMISSION UNDER SECTION 12 OF THE "SECURITIES EXCHANGE ACT OF 1934," AS AMENDED, OR AN INVESTOR DESCRIBED IN division (F) of section 3334.01, or division (A) or (C) of section 5733.09 of the Revised Code for the entire qualifying taxable year of the qualifying pass-through entity.

(2) An investor who is EITHER an individual OR AN ESTATE and IS a resident taxpayer for the purposes of section 5747.01 of the Revised Code for the entire qualifying taxable year of the qualifying pass-through entity.

(3) An investor who is an individual for whom the qualifying pass-through entity makes a good faith and reasonable effort to comply fully and timely with the filing and payment requirements set forth in division (D) of section 5747.08 of the Revised Code and section 5747.09 of the Revised Code with respect to the individual's adjusted qualifying amount for the entire qualifying taxable year of the qualifying pass-through entity.

(4) An investor that is another qualifying pass-through entity having only investors described in division (I)(1), (2), (3), or (6) of this section during the three-year period beginning twelve months prior to the first day of the qualifying taxable year of the qualifying pass-through entity.

(5) An investor that is another pass-through entity having no investors other than individuals and estates during the qualifying taxable year of the qualifying pass-through entity in which it is an investor, and that makes a good faith and reasonable effort to comply fully and timely with the filing and payment requirements set forth in division (D) of section 5747.08 of the Revised Code and section 5747.09 of the Revised Code with respect to investors that are not resident taxpayers of this state for the purposes of Chapter 5747. of the Revised Code for the entire qualifying taxable year of the qualifying pass-through entity in which it is an investor.

(6) An investor that is a financial institution required to calculate the tax in accordance with division (D) of section 5733.06 of the Revised Code on the first day of January of the calendar year immediately following the last day of the financial institution's calendar or fiscal year in which ends the taxpayer's taxable year.

(7) An investor other than an individual that satisfies all the following:

(a) The investor submits a written statement to the qualifying pass-through entity stating that the investor irrevocably agrees that the investor has nexus with this state under the Constitution of the United States and is subject to and liable for the tax calculated under division (B) of section 5733.06 of the Revised Code with respect to the investor's adjusted qualifying amount for the entire qualifying taxable year of the qualifying pass-through entity. The statement is subject to the penalties of perjury, shall be retained by the qualifying pass-through entity for no fewer than seven years, and shall be delivered to the tax commissioner upon request.

(b) The investor makes a good faith and reasonable effort to comply timely and fully with all the reporting and payment requirements set forth in Chapter 5733. of the Revised Code with respect to the investor's adjusted qualifying amount for the entire qualifying taxable year of the qualifying pass-through entity.

(c) Neither the investor nor the qualifying pass-through entity in which it is an investor, before, during, or after the qualifying pass-through entity's qualifying taxable year, carries out any transaction or transactions with one or more related members of the investor or the qualifying pass-through entity resulting in a reduction or deferral of tax imposed by Chapter 5733. of the Revised Code with respect to all or any portion of the investor's adjusted qualifying amount for the qualifying pass-through entity's taxable year, or that constitute a sham, lack economic reality, or are part of a series of transactions the form of which constitutes a step transaction or transactions or does not reflect the substance of those transactions.

(8) Any other investor that the tax commissioner may designate by rule. The tax commissioner may adopt rules including a rule defining "qualifying investor" or "qualifying beneficiary" and governing the imposition of the withholding tax imposed by section 5747.41 of the Revised Code with respect to an individual who is a resident taxpayer for the purposes of Chapter 5747. of the Revised Code for only a portion of the qualifying taxable year of the qualifying entity.

(9) An investor that is a trust or fund the beneficiaries of which, during the qualifying taxable year of the qualifying pass-through entity, are limited to the following:

(a) A person that is or may be the beneficiary of a trust subject to Subchapter D of Chapter 1 of Subtitle A of the Internal Revenue Code.

(b) A person that is or may be the beneficiary of or the recipient of payments from a trust or fund that is a nuclear decommissioning reserve fund, a designated settlement fund, or any other trust or fund established to resolve and satisfy claims that may otherwise be asserted by the beneficiary or a member of the beneficiary's family. Sections 267(c)(4), 468A(e), and 468B(d)(2) of the Internal Revenue Code apply to the determination of whether such a person satisfies division (I)(9) of this section.

(c) A person who is or may be the beneficiary of a trust that, under its governing instrument, is not required to distribute all of its income currently. Division (I)(9)(c) of this section applies only if the trust, prior to the due date for filing the qualifying pass-through entity's return for taxes imposed by section 5733.41 and sections 5747.41 to 5747.453 of the Revised Code, irrevocably agrees in writing that for the taxable year during or for which the trust distributes any of its income to any of its beneficiaries, the trust is a qualifying trust and will pay the estimated tax, and will withhold and pay the withheld tax, as required under sections 5747.40 to 5747.453 of the Revised Code.

For the purposes of division (I)(9) of this section, a trust or fund shall be considered to have a beneficiary other than persons described under divisions (I)(9)(a) to (c) of this section if a beneficiary would not qualify under those divisions under the doctrines of "economic reality," "sham transaction," "step doctrine," or "substance over form." A trust or fund described in division (I)(9) of this section bears the burden of establishing by a preponderance of the evidence that any transaction giving rise to the tax benefits provided under division (I)(9) of this section does not have as a principal purpose a claim of those tax benefits. Nothing in this section shall be construed to limit solely to this section the application of the doctrines referred to in this paragraph.

(J) "Qualifying net gain" means any recognized net gain with respect to the acquisition, ownership, use, maintenance, management, or disposition of tangible personal property located in this state at any time during a trust's qualifying taxable year or real property located in this state.

(K) "Qualifying net income" means any recognized income, net of related deductible expenses, other than distributions deductions with respect to the acquisition, ownership, use, maintenance, management, or disposition of tangible personal property located in this state at any time during the trust's qualifying taxable year or real property located in this state.

(L) "Qualifying entity" means a qualifying pass-through entity or a qualifying trust.

(M) "Qualifying trust" means a trust subject to subchapter J of the Internal Revenue Code that, during any portion of the trust's qualifying taxable year, has income or gain from the acquisition, management, ownership, use, or disposition of tangible personal property located in this state at any time during the trust's qualifying taxable year or real property located in this state. "Qualifying trust" does not include a person described in section 501(c) of the Internal Revenue Code or a person described in division (C) of section 5733.09 of the Revised Code.

(N) "Qualifying pass-through entity" means a pass-through entity as defined in section 5733.04 of the Revised Code, excluding a person described in section 501(c) of the Internal Revenue Code, a partnership with equity securities registered with the United States securities and exchange commission under section 12 of the Securities Exchange Act of 1934, as amended, or a person described in division (C) of section 5733.09 of the Revised Code.

(O) "Quarter" means the first three months, the second three months, the third three months, or the last three months of a qualifying entity's qualifying taxable year.

(P) "Related member" has the same meaning as in division (A)(6) of section 5733.042 of the Revised Code without regard to division (B) of that section. However, for the purposes of divisions (A)(3) and (4) of this section only, "related member" has the same meaning as in division (A)(6) of section 5733.042 of the Revised Code without regard to division (B) of that section, but shall be applied by substituting "forty per cent" for "twenty per cent" wherever "twenty per cent" appears in division (A) of that section.

(Q) "Return" or "report" means the notifications and reports required to be filed pursuant to sections 5747.42 to 5747.45 of the Revised Code for the purpose of reporting the tax imposed under section 5733.41 or 5747.41 of the Revised Code, and included declarations of estimated tax when so required.

(R) "Qualifying taxable year" means the calendar year or the qualifying entity's fiscal year ending during the calendar year, or fractional part thereof, for which the adjusted qualifying amount is calculated pursuant to sections 5733.40 and 5733.41 or sections 5747.40 to 5747.453 of the Revised Code.

Sec. 5733.401. (A) AS USED IN THIS SECTION:

(1) "INVESTMENT PASS-THROUGH ENTITY" MEANS A PASS-THROUGH ENTITY HAVING FOR ITS QUALIFYING TAXABLE YEAR AT LEAST NINETY PER CENT OF ITS GROSS INCOME FROM TRANSACTION FEES IN CONNECTION WITH THE ACQUISITION, OWNERSHIP, OR DISPOSITION OF INTANGIBLE PROPERTY, LOAN FEES, FINANCING FEES, CONSENT FEES, WAIVER FEES, APPLICATION FEES, NET MANAGEMENT FEES, DIVIDEND INCOME, INTEREST INCOME, NET CAPITAL GAINS FROM THE SALE OR EXCHANGE OF INTANGIBLE PROPERTY, OR DISTRIBUTIVE SHARES OF INCOME FROM PASS-THROUGH ENTITIES; AND HAVING FOR ITS QUALIFYING TAXABLE YEAR AT LEAST NINETY PER CENT OF THE NET BOOK VALUE OF ITS ASSETS REPRESENTED BY INTANGIBLE ASSETS. SUCH PERCENTAGES SHALL BE THE QUARTERLY AVERAGE OF THOSE PERCENTAGES AS CALCULATED DURING THE PASS-THROUGH ENTITY'S TAXABLE YEAR.

(2) "NET MANAGEMENT FEES" MEANS MANAGEMENT FEES THAT A PASS-THROUGH ENTITY EARNS OR RECEIVES FROM ALL SOURCES, REDUCED BY MANAGEMENT FEES THAT THE PASS-THROUGH ENTITY INCURS OR PAYS TO ANY PERSON.

(B) FOR THE PURPOSES OF DIVISIONS (A) AND (C) OF THIS SECTION ONLY, AN INVESTMENT IN A PASS-THROUGH ENTITY SHALL BE DEEMED TO BE AN INVESTMENT IN AN INTANGIBLE ASSET.

(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS SECTION, FOR THE PURPOSES OF DIVISION (A) OF SECTION 5733.40 OF THE REVISED CODE, AN INVESTMENT PASS-THROUGH ENTITY SHALL EXCLUDE FROM THE CALCULATION OF THE ADJUSTED QUALIFYING AMOUNT ALL TRANSACTION FEES IN CONNECTION WITH THE ACQUISITION, OWNERSHIP, OR DISPOSITION OF INTANGIBLE PROPERTY, LOAN FEES, FINANCING FEES, CONSENT FEES, WAIVER FEES, APPLICATION FEES, NET MANAGEMENT FEES, DIVIDEND INCOME, INTEREST INCOME, NET CAPITAL GAINS FROM THE SALE OR EXCHANGE OF INTANGIBLE PROPERTY, AND ALL TYPES AND CLASSIFICATIONS OF INCOME ATTRIBUTABLE TO DISTRIBUTIVE SHARES OF INCOME FROM OTHER PASS-THROUGH ENTITIES. NOTHING IN THIS DIVISION SHALL BE CONSTRUED TO PROVIDE FOR AN EXCLUSION OF ANY ITEM FROM ADJUSTED QUALIFYING AMOUNT MORE THAN ONCE.

(D) SECTIONS 5733.057 AND 5747.231 OF THE REVISED CODE DO NOT APPLY FOR THE PURPOSES OF MAKING THE DETERMINATIONS REQUIRED BY DIVISION (A) OF THIS SECTION OR CLAIMING THE EXCLUSION PROVIDED BY DIVISION (C) OF THIS SECTION.

Sec. 5733.402.(A) NOTWITHSTANDING SECTION 5733.40, 5733.41, 5747.41, OR 5747.43 OF THE REVISED CODE, BUT SUBJECT TO DIVISIONS (B), (C), AND (D) OF THIS SECTION, FOR TAXABLE YEARS BEGINNING AFTER 1997, A QUALIFYING PASS-THROUGH ENTITY, HEREINAFTER THE "EXEMPT ENTITY," IS NOT SUBJECT TO THE TAXES IMPOSED BY AND REQUIRED TO BE PAID UNDER THOSE SECTIONS WITH RESPECT TO DISTRIBUTIVE SHARES OF INCOME AND GAIN THAT PASS THROUGH FROM THE QUALIFYING PASS-THROUGH ENTITY TO ANOTHER QUALIFYING PASS-THROUGH ENTITY, HEREINAFTER THE "INVESTING ENTITY," IF THE INVESTING ENTITY IRREVOCABLY ACKNOWLEDGES THAT IT HAS NEXUS WITH THIS STATE UNDER THE CONSTITUTION OF THE UNITED STATES DURING THE EXEMPT ENTITY'S ENTIRE TAXABLE YEAR.

(B)(1) DIVISION (A) OF THIS SECTION DOES NOT APPLY TO THE EXTENT THAT THE INVESTING ENTITY FAILS TO MAKE A GOOD FAITH AND REASONABLE EFFORT TO COMPLY ON A REASONABLY TIMELY BASIS WITH SECTION 5733.41 AND SECTIONS 5747.41 TO 5747.453 OF THE REVISED CODE.

(2) THE INVESTING ENTITY AND THE EXEMPT ENTITY BEARS THE BURDEN OF ESTABLISHING BY A PREPONDERANCE OF THE EVIDENCE THAT THE INVESTING ENTITY MADE A GOOD FAITH AND REASONABLE EFFORT TO COMPLY ON A REASONABLY TIMELY BASIS WITH SECTION 5733.41 AND SECTIONS 5747.41 TO 5747.453 OF THE REVISED CODE.

(3) THIS SECTION DOES NOT MODIFY, REDUCE, ABATE, DEFER, POSTPONE, OR BAR THE IMPOSITION OF AND THE REQUIRED PAYMENT OF ANY FEE, INTEREST, OR PENALTY OTHERWISE DUE UNDER TITLE LVII OF THE REVISED CODE.

(C) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D) OF THIS SECTION, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO DENY THE APPLICATION OF DIVISION (A) OF THIS SECTION TO THE DISTRIBUTIVE SHARE OF INCOME AND GAIN OF AN INVESTING ENTITY THAT, WITH RESPECT TO THAT DISTRIBUTIVE SHARE, IS ITSELF AN EXEMPT ENTITY WITH RESPECT TO ANOTHER QUALIFYING PASS-THROUGH ENTITY, HEREINAFTER THE "UPPER LEVEL INVESTING ENTITY," IF THE UPPER LEVEL INVESTING ENTITY IRREVOCABLY ACKNOWLEDGES THAT IT HAS NEXUS WITH THIS STATE UNDER THE CONSTITUTION OF THE UNITED STATES DURING THE INVESTING ENTITY'S ENTIRE TAXABLE YEAR. DIVISION (B) OF THIS SECTION ALSO APPLIES TO THE UPPER LEVEL INVESTING ENTITY. THIS DIVISION APPLIES REGARDLESS OF THE NUMBER OF LEVELS OF INVESTING ENTITIES.

(D) AN INVESTING ENTITY OR UPPER LEVEL INVESTING ENTITY DOES NOT INCLUDE AN INVESTMENT PASS-THROUGH ENTITY AS DEFINED IN SECTION 5733.401 OF THE REVISED CODE, AND DIVISION (A) OF THIS SECTION DOES NOT APPLY WITH RESPECT TO ANY DISTRIBUTIVE SHARES OF INCOME OR GAIN THAT PASS THROUGH TO AN INVESTMENT PASS-THROUGH ENTITY.

Sec. 5733.98. (A) To provide a uniform procedure for calculating the amount of tax imposed by section 5733.06 of the Revised Code that is due under this chapter, a taxpayer shall claim any credits to which it is entitled in the following order, EXCEPT AS OTHERWISE PROVIDED IN SECTION 5733.058 of the Revised Code:

(1) The credit for taxes paid by a qualifying pass-through entity allowed under section 5733.0611 of the Revised Code;

(2) The credit for qualifying affiliated groups under section 5733.068 of the Revised Code;

(3) The subsidiary corporation credit under section 5733.067 of the Revised Code;

(4) The savings and loan assessment credit under section 5733.063 of the Revised Code;

(5) The credit for recycling and litter prevention donations under section 5733.064 of the Revised Code;

(6) The credit for employers that enter into agreements with child day-care centers under section 5733.36 of the Revised Code;

(7) The credit for employers that reimburse employee child day-care expenses under section 5733.38 of the Revised Code;

(8) The credit for manufacturing investments under section 5733.061 of the Revised Code;

(9) The credit for purchases of new manufacturing machinery and equipment under section 5733.31 or section 5733.311 of the Revised Code;

(10) The second credit for purchases of new manufacturing machinery and equipment under section 5733.33 of the Revised Code;

(11) The enterprise zone credit under section 5709.66 of the Revised Code;

(12) The credit for the eligible costs associated with a voluntary action under section 5733.34 of the Revised Code;

(13) The credit for employers that establish on-site child day-care under section 5733.37 of the Revised Code;

(14) The credit for purchases of qualifying grape production property under section 5733.32 of the Revised Code;

(15) The export sales credit under section 5733.069 of the Revised Code;

(16) The credit for research and development and technology transfer investors under section 5733.35 of the Revised Code;

(17) The enterprise zone credits under section 5709.65 of the Revised Code;

(18) The refundable jobs creation credit under section 5733.0610 of the Revised Code.

(B) For any credit except the refundable jobs creation credit, the amount of the credit for a tax year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit.

Sec. 5747.01. Except as otherwise expressly provided or clearly appearing from the context, any term used in this chapter has the same meaning as when used in a comparable context in the Internal Revenue Code, and all other statutes of the United States relating to federal income taxes.

As used in this chapter:

(A) "Adjusted gross income" or "Ohio adjusted gross income" means adjusted gross income as defined and used in the Internal Revenue Code, adjusted as provided in divisions (A)(1) to (16)(17) of this section:

(1) Add interest or dividends on obligations or securities of any state or of any political subdivision or authority of any state, other than this state and its subdivisions and authorities.

(2) Add interest or dividends on obligations of any authority, commission, instrumentality, territory, or possession of the United States that are exempt from federal income taxes but not from state income taxes.

(3) Deduct interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent included in federal adjusted gross income but exempt from state income taxes under the laws of the United States.

(4) Deduct disability and survivor's benefits to the extent included in federal adjusted gross income.

(5) Deduct benefits under Title II of the Social Security Act and tier 1 railroad retirement benefits to the extent included in federal adjusted gross income under section 86 of the Internal Revenue Code.

(6) Add, in the case of a taxpayer who is a beneficiary of a trust that makes an accumulation distribution as defined in section 665 of the Internal Revenue Code, the portion, if any, of such distribution that does not exceed the undistributed net income of the trust for the three taxable years preceding the taxable year in which the distribution is made. "Undistributed net income of a trust" means the taxable income of the trust increased by (a)(i) the additions to adjusted gross income required under division (A) of this section and (ii) the personal exemptions allowed to the trust pursuant to section 642(b) of the Internal Revenue Code, and decreased by (b)(i) the deductions to adjusted gross income required under division (A) of this section, (ii) the amount of federal income taxes attributable to such income, and (iii) the amount of taxable income that has been included in the adjusted gross income of a beneficiary by reason of a prior accumulation distribution. Any undistributed net income included in the adjusted gross income of a beneficiary shall reduce the undistributed net income of the trust commencing with the earliest years of the accumulation period.

(7) Deduct the amount of wages and salaries, if any, not otherwise allowable as a deduction but that would have been allowable as a deduction in computing federal adjusted gross income for the taxable year, had the targeted jobs credit allowed and determined under sections 38, 51, and 52 of the Internal Revenue Code not been in effect.

(8) Deduct any interest or interest equivalent on public obligations and purchase obligations to the extent included in federal adjusted gross income.

(9) Add any loss or deduct any gain resulting from the sale, exchange, or other disposition of public obligations to the extent included in federal adjusted gross income.

(10) Regarding tuition credits purchased under Chapter 3334. of the Revised Code:

(a) Deduct the following:

(i) For credits that as of the end of the taxable year have not been refunded pursuant to the termination of a tuition payment contract under section 3334.10 of the Revised Code, the amount of income related to the credits, to the extent included in federal adjusted gross income;

(ii) For credits that during the taxable year have been refunded pursuant to the termination of a tuition payment contract under section 3334.10 of the Revised Code, the excess of the total purchase price of the tuition credits refunded over the amount of refund, to the extent the amount of the excess was not deducted in determining federal adjusted gross income;

(b) Add the following:

(i) For credits that as of the end of the taxable year have not been refunded pursuant to the termination of a tuition payment contract under section 3334.10 of the Revised Code, the amount of loss related to the credits, to the extent the amount of the loss was deducted in determining federal adjusted gross income;

(ii) For credits that during the taxable year have been refunded pursuant to the termination of a tuition payment contract under section 3334.10 of the Revised Code, the excess of the amount of refund over the purchase price of each tuition credit refunded, to the extent not included in federal adjusted gross income.

(11) Deduct, in the case of a self-employed individual as defined in section 401(c)(1) of the Internal Revenue Code and to the extent not otherwise allowable as a deduction in computing federal adjusted gross income for the taxable year, the amount paid during the taxable year for insurance which THAT constitutes medical care for the taxpayer, the taxpayer's spouse, and dependents. No deduction under division (A)(11) of this section shall be allowed to any taxpayer who is eligible to participate in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer. No deduction under division (A)(11) of this section shall be allowed to the extent that the sum of such deduction and any related deduction allowable in computing federal adjusted gross income for the taxable year exceeds the taxpayer's earned income, within the meaning of section 401(c) of the Internal Revenue Code, derived by the taxpayer from the trade or business with respect to which the plan providing the medical coverage is established.

(12) Deduct any amount included in federal adjusted gross income solely because the amount represents a reimbursement or refund of expenses that in a previous year the taxpayer had deducted as an itemized deduction pursuant to section 63 of the Internal Revenue Code and applicable United States department of the treasury regulations.

(13) Deduct any portion of the deduction described in section 1341(a)(2) of the Internal Revenue Code, for repaying previously reported income received under a claim of right, that meets both of the following requirements:

(a) It is allowable for repayment of an item that was included in the taxpayer's adjusted gross income for a prior taxable year and did not qualify for a credit under division (A) or (B) of section 5747.05 of the Revised Code for that year;

(b) It does not otherwise reduce the taxpayer's adjusted gross income for the current or any other taxable year.

(14) Deduct an amount equal to the deposits made to, and net investment earnings of, a medical savings account during the taxable year, in accordance with section 3924.66 of the Revised Code. THE DEDUCTION ALLOWED BY DIVISION (A)(14) OF THIS SECTION DOES NOT APPLY TO MEDICAL SAVINGS ACCOUNT DEPOSITS AND EARNINGS OTHERWISE DEDUCTED OR EXCLUDED FOR THE CURRENT OR ANY OTHER TAXABLE YEAR FROM THE TAXPAYER'S FEDERAL ADJUSTED GROSS INCOME.

(15)(a) Add an amount equal to the funds withdrawn from a medical savings account during the taxable year, and the net investment earnings on those funds, when the funds withdrawn were used for any purpose other than to reimburse an account holder for, or to pay, eligible medical expenses, in accordance with section 3924.66 of the Revised Code;

(b) Add the amounts distributed from a medical savings account under division (A)(2) of section 3924.68 of the Revised Code during the taxable year.

(16) Add any amount claimed as a credit under section 5747.059 of the Revised Code to the extent that such amount satisfies either of the following:

(a) The amount was deducted or excluded from the computation of the taxpayer's federal adjusted gross income as required to be reported for the taxpayer's taxable year under the Internal Revenue Code;

(b) The amount resulted in a reduction of the taxpayer's federal adjusted gross income as required to be reported for any of the taxpayer's taxable years under the Internal Revenue Code.

(16)(17) Deduct the amount contributed by the taxpayer to an individual development account program established by a county department of human services pursuant to sections 329.11 to 329.14 of the Revised Code for the purpose of matching funds deposited by program participants. On request of the tax commissioner, the taxpayer shall provide any information that, in the tax commissioner's opinion, is necessary to establish the amount deducted under division (A)(16)(17) of this section.

(B) "Business income" means income arising from transactions, activities, and sources in the regular course of a trade or business and includes income from tangible and intangible property if the acquisition, rental, management, and disposition of the property constitute integral parts of the regular course of a trade or business operation.

(C) "Nonbusiness income" means all income other than business income and may include, but is not limited to, compensation, rents and royalties from real or tangible personal property, capital gains, interest, dividends and distributions, patent or copyright royalties, or lottery winnings, prizes, and awards.

(D) "Compensation" means any form of remuneration paid to an employee for personal services.

(E) "Fiduciary" means a guardian, trustee, executor, administrator, receiver, conservator, or any other person acting in any fiduciary capacity for any individual, trust, or estate.

(F) "Fiscal year" means an accounting period of twelve months ending on the last day of any month other than December.

(G) "Individual" means any natural person.

(H) "Internal Revenue Code" means the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.

(I) "Resident" means:

(1) An individual who is domiciled in this state, subject to section 5747.24 of the Revised Code;

(2) The estate of a decedent who at the time of death was domiciled in this state. The domicile tests of section 5747.24 of the Revised Code and any election under section 5747.25 of the Revised Code are not controlling for purposes of division (I)(2) of this section.

(J) "Nonresident" means an individual or estate that is not a resident. An individual who is a resident for only part of a taxable year is a nonresident for the remainder of that taxable year.

(K) "Pass-through entity" has the same meaning as in section 5733.04 of the Revised Code.

(L) "Return" means the notifications and reports required to be filed pursuant to this chapter for the purpose of reporting the tax due and includes declarations of estimated tax when so required.

(M) "Taxable year" means the calendar year or the taxpayer's fiscal year ending during the calendar year, or fractional part thereof, upon which the adjusted gross income is calculated pursuant to this chapter.

(N) "Taxpayer" means any person subject to the tax imposed by section 5747.02 of the Revised Code or any pass-through entity that makes the election under division (D) of section 5747.08 of the Revised Code.

(O) "Dependents" means dependents as defined in the Internal Revenue Code and as claimed in the taxpayer's federal income tax return for the taxable year or which the taxpayer would have been permitted to claim had the taxpayer filed a federal income tax return.

(P) "Principal county of employment" means, in the case of a nonresident, the county within the state in which a taxpayer performs services for an employer or, if those services are performed in more than one county, the county in which the major portion of the services are performed.

(Q) As used in sections 5747.50 to 5747.55 of the Revised Code:

(1) "Subdivision" means any county, municipal corporation, park district, or township.

(2) "Essential local government purposes" includes all functions that any subdivision is required by general law to exercise, including like functions that are exercised under a charter adopted pursuant to the Ohio Constitution.

(R) "Overpayment" means any amount already paid that exceeds the figure determined to be the correct amount of the tax.

(S) "Taxable income" applies to estates only and means taxable income as defined and used in the Internal Revenue Code adjusted as follows:

(1) Add interest or dividends on obligations or securities of any state or of any political subdivision or authority of any state, other than this state and its subdivisions and authorities;

(2) Add interest or dividends on obligations of any authority, commission, instrumentality, territory, or possession of the United States that are exempt from federal income taxes but not from state income taxes;

(3) Add the amount of personal exemption allowed to the estate pursuant to section 642(b) of the Internal Revenue Code;

(4) Deduct interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States that are exempt from state taxes under the laws of the United States;

(5) Deduct the amount of wages and salaries, if any, not otherwise allowable as a deduction but that would have been allowable as a deduction in computing federal taxable income for the taxable year, had the targeted jobs credit allowed under sections 38, 51, and 52 of the Internal Revenue Code not been in effect;

(6) Deduct any interest or interest equivalent on public obligations and purchase obligations to the extent included in federal taxable income;

(7) Add any loss or deduct any gain resulting from sale, exchange, or other disposition of public obligations to the extent included in federal taxable income;

(8) Except in the case of the final return of an estate, add any amount deducted by the taxpayer on both its Ohio estate tax return pursuant to section 5731.14 of the Revised Code, and on its federal income tax return in determining either federal adjusted gross income or federal taxable income;

(9) Deduct any amount included in federal taxable income solely because the amount represents a reimbursement or refund of expenses that in a previous year the decedent had deducted as an itemized deduction pursuant to section 63 of the Internal Revenue Code and applicable treasury regulations;

(10) Deduct any portion of the deduction described in section 1341(a)(2) of the Internal Revenue Code, for repaying previously reported income received under a claim of right, that meets both of the following requirements:

(a) It is allowable for repayment of an item that was included in the taxpayer's taxable income or the decedent's adjusted gross income for a prior taxable year and did not qualify for a credit under division (A) or (B) of section 5747.05 of the Revised Code for that year.

(b) It does not otherwise reduce the taxpayer's taxable income or the decedent's adjusted gross income for the current or any other taxable year.

(11) Add any amount claimed as a credit under section 5747.059 of the Revised Code to the extent that the amount satisfies either of the following:

(a) The amount was deducted or excluded from the computation of the taxpayer's federal taxable income as required to be reported for the taxpayer's taxable year under the Internal Revenue Code;

(b) The amount resulted in a reduction in the taxpayer's federal taxable income as required to be reported for any of the taxpayer's taxable years under the Internal Revenue CODE.

(T) "School district income" and "school district income tax" have the same meanings as in section 5748.01 of the Revised Code.

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) of this section, "public obligations," "purchase obligations," and "interest or interest equivalent" have the same meanings as in section 5709.76 of the Revised Code.

(V) "Limited liability company" means any limited liability company formed under Chapter 1705. of the Revised Code or under the laws of any other state.

(W) "Pass-through entity investor" means any person who, during any portion of a taxable year of a pass-through entity, is a partner, member, shareholder, or investor in that pass-through entity.

(X) "Banking day" has the same meaning as in section 1304.01 of the Revised Code.

(Y) "Month" means a calendar month.

(Z) "Quarter" means the first three months, the second three months, the third three months, or the last three months of the taxpayer's taxable year.

(AA) Any term used in this chapter that is not otherwise defined in this section and that is not used in a comparable context in the Internal Revenue Code and other statutes of the United States relating to federal income taxes has the same meaning as in section 5733.40 of the Revised Code.

Sec. 5747.08. An annual return with respect to the tax imposed by section 5747.02 of the Revised Code and each tax imposed under Chapter 5748. of the Revised Code shall be made by every taxpayer for any taxable year for which the taxpayer is liable for the tax imposed by that section or under that chapter, unless the total credits allowed under divisions (E), (F), and (G) of section 5747.05 of the Revised Code for the year are equal to or exceed the tax imposed by section 5747.02 of the Revised Code, in which case no return shall be required unless the taxpayer is liable for a tax imposed pursuant to Chapter 5748. of the Revised Code.

(A) If an individual is deceased, any return or notice required of that individual under this chapter shall be made and filed by that decedent's executor, administrator, or other person charged with the property of that decedent.

(B) If an individual is unable to make a return or notice required by this chapter, the return or notice required of that individual shall be made and filed by the individual's duly authorized agent, guardian, conservator, fiduciary, or other person charged with the care of the person or property of that individual.

(C) Returns or notices required of an estate or a trust shall be made and filed by the fiduciary of the estate or trust.

(D)(1) Any (a) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(1)(b) OF THIS SECTION, ANY pass-through entity having two or more nonresident pass-through entity investors who derive no taxable income from this state, other than a distributive share of the pass-through entity income, may file a single return on behalf of all or some of those pass-through entity ONE OR MORE OF THE ENTITY'S investors who are individuals or estates OTHER THAN AN INVESTOR THAT IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER SECTION 5733.06 of the Revised Code. The single return shall set forth the name, address, and social security number of each OF THOSE pass-through entity investor of that nature INVESTORS and shall indicate the distributive share of each OF THOSE pass-through entity investor's income taxable in this state in accordance with sections 5747.20 to 5747.231 of the Revised Code. Such nonresident pass-through entity investors for whom the pass-through entity elects to file a single return are not entitled to the exemption or credit provided for by sections 5747.02 and 5747.022 of the Revised Code; shall calculate the tax before business credits at the highest rate of tax set forth in section 5747.02 of the Revised Code for the taxable year for which the return is filed; and are entitled to only their distributive share of the business credits as defined in division (D)(2) of this section. A single check drawn by the pass-through entity shall accompany the return in full payment of the tax due FOR SUCH INVESTORS OTHER THAN INVESTORS WHO ARE PERSONS SUBJECT TO THE TAX IMPOSED UNDER SECTION 5733.06 OF THE REVISED CODE.

(b)(i)A PASS-THROUGH ENTITY SHALL NOT INCLUDE IN SUCH A SINGLE RETURN ANY INVESTOR THAT IS A TRUST TO THE EXTENT THAT ANY DIRECT OR INDIRECT CURRENT, FUTURE, OR CONTINGENT BENEFICIARY OF THE TRUST IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER SECTION 5733.06 OF THE REVISED CODE.

(ii) A PASS-THROUGH ENTITY SHALL NOT INCLUDE IN SUCH A SINGLE RETURN ANY INVESTOR THAT IS ITSELF A PASS-THROUGH ENTITY TO THE EXTENT THAT ANY DIRECT OR INDIRECT INVESTOR IN THE SECOND PASS-THROUGH ENTITY IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER SECTION 5733.06 OF THE REVISED CODE.

(c) NOTHING IN DIVISION (D) OF THIS SECTION PRECLUDES THE TAX COMMISSIONER FROM REQUIRING SUCH INVESTORS TO FILE THE RETURN AND MAKE THE PAYMENT OF TAXES AND RELATED INTEREST, PENALTY, AND INTEREST PENALTY REQUIRED BY THIS SECTION OR SECTION 5747.02, 5747.09, OR 5747.15 OF THE REVISED CODE. NOTHING IN DIVISION (D) OF THIS SECTION SHALL BE CONSTRUED TO PROVIDE TO SUCH AN INVESTOR OR PASS-THROUGH ENTITY ANY ADDITIONAL DEDUCTION OR CREDIT, OTHER THAN THE CREDIT PROVIDED BY DIVISION (J) OF THIS SECTION, SOLELY ON ACCOUNT OF THE ENTITY'S FILING A RETURN IN ACCORDANCE WITH THIS SECTION. Such a pass-through entity also shall make the filing and payment of estimated taxes on behalf of those nonresident THE pass-through entity investors OTHER THAN AN INVESTOR THAT IS A PERSON SUBJECT TO THE TAX IMPOSED UNDER SECTION 5733.06 of the Revised Code.

(2) For the purposes of this section, "business credits" means the credits listed in section 5747.98 of the Revised Code excluding the following credits:

(a) The retirement credit under division (B) of section 5747.055 of the Revised Code;

(b) The senior citizen credit under division (C) of section 5747.05 of the Revised Code;

(c) The lump sum distribution credit under division (D) of section 5747.05 of the Revised Code;

(d) The dependent care credit under section 5747.054 of the Revised Code;

(e) The lump sum retirement income credit under division (C) of section 5747.055 of the Revised Code;

(f) The lump sum retirement income credit under division (D) of section 5747.055 of the Revised Code;

(g) The lump sum retirement income credit under division (E) of section 5747.055 of the Revised Code;

(h) The credit for displaced workers who pay for job training under section 5747.27 of the Revised Code;

(i) The twenty-dollar personal exemption credit under section 5747.022 of the Revised Code;

(j) The joint filing credit under division (G) of section 5747.05 of the Revised Code;

(k) The nonresident credit under division (A) of section 5747.05 of the Revised Code;

(l) The credit for a resident's out-of-state income under division (B) of section 5747.05 of the Revised Code.

(3) The election provided for under division (D) of this section applies only to the taxable year for which the election is made by the pass-through entity. Unless the tax commissioner provides otherwise, this election, once made, is binding and irrevocable for the taxable year for which the election is made. Nothing in this division shall be construed to provide for any deduction or credit that would not be allowable if a nonresident pass-through entity investor were to file an annual return.

(4) If a pass-through entity makes the election provided for under division (D) of this section, the pass-through entity shall be liable for any additional taxes, interest, interest penalty, or penalties imposed by this chapter if the tax commissioner determines that the single return does not reflect the correct tax due by nonresident pass-through entity investors covered by that return. Nothing in this division shall be construed to limit or alter the liability, if any, imposed on pass-through entity investors for unpaid or underpaid taxes, interest, interest penalty, or penalties as a result of the pass-through entity's making the election provided for under division (D) of this section. For the purposes of division (D) of this section, "correct tax due" means the tax that would have been paid by the pass-through entity had the single return been filed in a manner reflecting and including the findings and determinations made by the tax commissioner. Nothing in division (D) of this section shall be construed to make or hold a pass-through entity liable for tax attributable to a pass-through entity investor's income from a source other than the pass-through entity electing to file the single return.

(E) If a husband and wife file a joint federal income tax return for a taxable year, they shall file a joint return under this section for that taxable year, and their liabilities are joint and several, but, if the federal income tax liability of either spouse is determined on a separate federal income tax return, they shall file separate returns under this section.

If either spouse is not required to file a federal income tax return and either or both are required to file a return pursuant to this chapter, they may elect to file separate or joint returns, and, pursuant to that election, their liabilities are separate or joint and several. If a husband and wife file separate returns pursuant to this chapter, each must claim the taxpayer's own exemption, but not both, as authorized under section 5747.02 of the Revised Code on the taxpayer's own return.

(F) Each return or notice required to be filed under this section shall contain the signature of the taxpayer or the taxpayer's duly authorized agent and of the person who prepared the return for the taxpayer, and shall include the taxpayer's social security number. Each return shall be verified by a declaration under the penalties of perjury. The tax commissioner shall prescribe the form that the signature and declaration shall take.

(G) Each return or notice required to be filed under this section shall be made and filed as required by section 5747.04 of the Revised Code, on or before the fifteenth day of April of each year, on forms that the tax commissioner shall prescribe, together with remittance made payable to the treasurer of state in the combined amount of the state and all school district income taxes shown to be due on the form, unless the combined amount shown to be due is one dollar or less, in which case that amount need not be remitted. Returns for taxable years for which a reduction in the tax due is made under division (B) of section 5747.02 of the Revised Code shall include the following statement: "The tax on this line reflects a.....% (here enter the percentage reduction described in division (B) of section 5747.02 of the Revised Code) reduction under legislation enacted by the General Assembly requiring the return of excess state revenue to taxpayers." The statement shall appear in boldface type and shall be placed in a prominent location on the return in the vicinity of the location where the amount of tax due, before any credits or amounts withheld, is entered.

Upon good cause shown, the commissioner may extend the period for filing any notice or return required to be filed under this section and may adopt rules relating to extensions. If the extension results in an extension of time for the payment of any state or school district income tax liability with respect to which the return is filed, the taxpayer shall pay at the time the tax liability is paid an amount of interest computed at the rate per annum prescribed by section 5703.47 of the Revised Code on that liability from the time that payment is due without extension to the time of actual payment. In addition to all other interest charges and penalties, all taxes imposed by section 5747.02 of the Revised Code or under THIS CHAPTER OR Chapter 5748. of the Revised Code and remaining unpaid after they become due, except combined amounts due of one dollar or less, bear interest at the rate per annum prescribed by section 5703.47 of the Revised Code until paid or until the day an assessment is issued under section 5747.13 of the Revised Code, whichever occurs first. If the commissioner considers it necessary in order to ensure the payment of the tax imposed by section 5747.02 of the Revised Code or any tax imposed under Chapter 5748. of the Revised Code, the commissioner may require returns and payments to be made otherwise than as provided in this section.

(H) If any report, claim, statement, or other document required to be filed, or any payment required to be made, within a prescribed period or on or before a prescribed date under this chapter is delivered after that period or that date by United States mail to the agency, officer, or office with which the report, claim, statement, or other document is required to be filed, or to which the payment is required to be made, the date of the postmark stamped on the cover in which the report, claim, statement, or other document, or payment is mailed shall be deemed to be the date of delivery or the date of payment.

If a payment is required to be made by electronic funds transfer pursuant to section 5747.072 of the Revised Code, the payment is considered to be made when the payment is received by the treasurer of state or credited to an account designated by the treasurer of state for the receipt of tax payments.

"The date of the postmark" means, in the event there is more than one date on the cover, the earliest date imprinted on the cover by the United States postal service.

(I) The amounts withheld by the employer pursuant to section 5747.06 of the Revised Code shall be allowed to the recipient of the compensation as credits against payment of the appropriate taxes imposed on the recipient by section 5747.02 and under Chapter 5748. of the Revised Code.

(J) IF, IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION, A PASS-THROUGH ENTITY ELECTS TO FILE A SINGLE RETURN AND IF ANY INVESTOR IS REQUIRED TO FILE THE RETURN AND MAKE THE PAYMENT OF TAXES REQUIRED BY THIS CHAPTER ON ACCOUNT OF THE INVESTOR'S OTHER INCOME THAT IS NOT INCLUDED IN A SINGLE RETURN FILED BY A PASS-THROUGH ENTITY, THE INVESTOR IS ENTITLED TO A REFUNDABLE CREDIT EQUAL TO THE INVESTOR'S PROPORTIONATE SHARE OF THE TAX PAID BY THE PASS-THROUGH ENTITY ON BEHALF OF THE INVESTOR. THE INVESTOR SHALL CLAIM THE CREDIT FOR THE INVESTOR'S TAXABLE YEAR IN WHICH OR WITH WHICH ENDS THE TAXABLE YEAR OF THE PASS-THROUGH ENTITY. NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO ALLOW ANY CREDIT PROVIDED IN THIS CHAPTER TO BE CLAIMED MORE THAN ONCE. FOR THE PURPOSES OF COMPUTING ANY INTEREST, PENALTY, OR INTEREST PENALTY, THE INVESTOR SHALL BE DEEMED TO HAVE PAID THE REFUNDABLE CREDIT PROVIDED BY THIS DIVISION ON THE DAY THAT THE PASS-THROUGH ENTITY PAID THE ESTIMATED TAX OR THE TAX GIVING RISE TO THE CREDIT.

Sec. 5747.401. (A)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B) OF THIS SECTION, FOR THE PURPOSES OF SECTIONS 5733.40, 5733.401, 5733.402, 5733.41, AND 5747.40 TO 5747.457 OF THE REVISED CODE, THE INVESTORS IN AN INVESTMENT PASS-THROUGH ENTITY AS DEFINED IN SECTION 5733.401 OF THE REVISED CODE, HEREINAFTER THE "DEEMED INVESTORS," SHALL BE DEEMED TO BE INVESTORS IN ANY OTHER PASS-THROUGH ENTITY IN WHICH THE INVESTMENT PASS-THROUGH ENTITY IS A DIRECT INVESTOR WITHOUT REGARD TO SECTIONS 5733.057 OR 5747.231 OF THE REVISED CODE. EACH DEEMED INVESTOR'S PORTION OF SUCH OTHER PASS-THROUGH ENTITY'S ADJUSTED QUALIFYING AMOUNT SHALL BE THE ADJUSTED QUALIFYING AMOUNT THAT, WITHOUT REGARD TO THIS SECTION, PASSES THROUGH FROM SUCH OTHER PASS-THROUGH ENTITY TO THE INVESTMENT PASS-THROUGH ENTITY MULTIPLIED BY THE PERCENTAGE OF THE DEEMED INVESTOR'S DIRECT OWNERSHIP IN THE INVESTMENT PASS-THROUGH ENTITY WITHOUT REGARD TO SECTIONS 5733.057 OR 5747.231 OF THE REVISED CODE.

(2) FOR THE PURPOSES OF SECTIONS 5733.40, 5733.401, 5733.402, 5733.41, AND 5747.40 TO 5747.457 OF THE REVISED CODE, THE INVESTMENT PASS-THROUGH ENTITY SHALL NOT BE DEEMED TO BE AN INVESTOR IN SUCH OTHER PASS-THROUGH ENTITY.

(3) IF THE TAXABLE YEAR OF THE INVESTMENT PASS-THROUGH ENTITY ENDS ON A DAY OTHER THAN THE LAST DAY OF SUCH OTHER PASS-THROUGH ENTITY'S TAXABLE YEAR, DIVISION (A)(1) OF THIS SECTION APPLIES TO THOSE PERSONS WHO ARE INVESTORS IN THE INVESTMENT PASS-THROUGH ENTITY ON THE LAST DAY OF SUCH OTHER PASS-THROUGH ENTITY'S TAXABLE YEAR ENDING WITHIN THE INVESTMENT PASS-THROUGH ENTITY'S TAXABLE YEAR.

(B) DIVISION (A) OF THIS SECTION APPLIES ONLY TO THE EXTENT TO WHICH THE INVESTMENT PASS-THROUGH ENTITY PROVIDES ON A TIMELY BASIS TO SUCH OTHER PASS-THROUGH ENTITY THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OR FEDERAL IDENTIFICATION NUMBER FOR EACH DIRECT INVESTOR IN THE INVESTMENT PASS-THROUGH ENTITY WITHOUT REGARD TO SECTIONS 5733.057 AND 5747.231 OF THE REVISED CODE. ONCE SUCH OTHER PASS-THROUGH ENTITY RECEIVES SUCH INFORMATION FROM THE INVESTMENT PASS-THROUGH ENTITY, DIVISION (A) OF THIS SECTION APPLIES FOR SUCH OTHER PASS-THROUGH ENTITY'S TAXABLE YEAR UNLESS THE TAX COMMISSIONER PERMITS THE INVESTMENT PASS-THROUGH ENTITY TO REVOKE THE NOTICE THAT THE INVESTMENT PASS-THROUGH ENTITY PREVIOUSLY PROVIDED TO SUCH OTHER PASS-THROUGH ENTITY.

Sec. 5747.43. (A) As used in this section:

(1) "Estimated taxes" means the amount that a qualifying entity estimates to be the sum of its liability under sections 5733.41 and 5747.41 of the Revised Code for its current qualifying taxable year.

(2) "Tax liability" means the total of the taxes and withholding taxes due under sections 5733.41 and 5747.41 of the Revised Code for the qualifying taxable year prior to applying any estimated tax payment or refund from another year.

(3) "Taxes paid" includes payments of estimated taxes made under division (C) of this section and tax refunds applied by the qualifying entity in payment of estimated taxes.

(B) In addition to the return required to be filed pursuant to section 5747.42 of the Revised Code, each qualifying entity subject to the tax imposed under section 5733.41 and to the withholding tax imposed by section 5747.41 of the Revised Code shall file an estimated tax return and pay a portion of the qualifying entity's tax liability for its qualifying taxable year. The portion of those taxes required to be paid, and the last day prescribed for payment thereof, shall be as prescribed by divisions (B)(1), (2), (3), and (4) of this section:

(1) On or before the fifteenth day of the month following the last day of the first quarter of the qualifying entity's qualifying taxable year, twenty-two and one-half per cent of the qualifying entity's estimated tax liability for that taxable year;

(2) On or before the fifteenth day of the month following the last day of the second quarter of the qualifying entity's qualifying taxable year, forty-five per cent of the qualifying entity's estimated tax liability for that taxable year;

(3) On or before the fifteenth day of the month following the last day of the third quarter of the qualifying entity's qualifying taxable year, sixty-seven and one-half per cent of the qualifying entity's estimated tax liability for that taxable year;

(4) On or before the fifteenth day of the month following the last day of the fourth quarter of the qualifying entity's qualifying taxable year, ninety per cent of the qualifying entity's estimated tax liability for that taxable year.

Payments of estimated taxes shall be made payable to the treasurer of state.

(C) If a payment of estimated taxes is not paid in the full amount required under division (B) of this section, a penalty shall be added to the taxes charged for the qualifying taxable year unless the underpayment is due to reasonable cause as described in division (D) of this section. The penalty shall accrue at the rate per annum prescribed by section 5703.47 of the Revised Code upon the amount of underpayment from the day the estimated payment was required to be made to the day the payment is made.

The amount of the underpayment upon which the penalty shall accrue shall be determined as follows:

(1) For the first payment of estimated taxes each year, twenty-two and one-half per cent of the tax liability less the amount of taxes paid by the date prescribed for that payment;

(2) For the second payment of estimated taxes each year, forty-five per cent of the tax liability less the amount of taxes paid by the date prescribed for that payment;

(3) For the third payment of estimated taxes each year, sixty-seven and one-half per cent of the tax liability less the amount of taxes paid by the date prescribed for that payment;

(4) For the fourth payment of estimated taxes each year, ninety per cent of the tax liability less the amount of taxes paid by the date prescribed for that payment.

For the purposes of this section, a payment of estimated taxes on or before any payment date shall be considered a payment of a previous underpayment only to the extent the payment of estimated taxes exceeds the amount of the payment presently required to be paid to avoid any penalty.

The penalty imposed under division (C) of this section is in lieu of any other interest charge or penalty imposed for failure to file a declaration of estimated tax report and make estimated payments as required by this section.

(D) An underpayment of estimated taxes determined under division (C) of this section is due to reasonable cause if any of the following apply:

(1) The amount of tax that was paid equals at least ninety per cent of the tax liability for the current qualifying taxable year, determined by annualizing the income received during that year up to the end of the month immediately preceding the month in which the payment is due;

(2) The amount of tax liability that was paid equals at least ninety per cent of the tax liability for the current qualifying taxable year;

(3) The amount of tax liability that was paid equals at least one hundred per cent of the tax liability shown on the return of the qualifying entity for the preceding qualifying taxable year, provided that the immediately preceding qualifying taxable year reflected a period of twelve months and the qualifying entity filed a return under section 5747.42 of the Revised Code for that year.

(E)(1) DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY FOR A TAXABLE YEAR IF EITHER OF THE FOLLOWING APPLIES TO THE QUALIFYING ENTITY:

(a) FOR THE IMMEDIATELY PRECEDING TAXABLE YEAR, THE ENTITY COMPUTES IN GOOD FAITH AND IN A REASONABLE MANNER THAT THE SUM OF ITS ADJUSTED QUALIFYING AMOUNTS IS TEN THOUSAND DOLLARS OR LESS.

(b) FOR THE TAXABLE YEAR THE ENTITY COMPUTES IN GOOD FAITH AND IN A REASONABLE MANNER THAT THE SUM OF ITS ADJUSTED QUALIFYING AMOUNTS IS TEN THOUSAND DOLLARS OR LESS.

(2) NOTWITHSTANDING ANY OTHER PROVISION OF TITLE LVII of the Revised Code TO THE CONTRARY, THE ENTITY SHALL ESTABLISH BY A PREPONDERANCE OF THE EVIDENCE THAT ITS COMPUTATION OF THE ADJUSTED QUALIFYING AMOUNTS FOR THE IMMEDIATELY PRECEDING TAXABLE YEAR AND THE TAXABLE YEAR WAS, IN FACT, MADE IN GOOD FAITH AND IN A REASONABLE MANNER.

(F) The tax commissioner may waive the requirement for filing a declaration of estimated taxes for any class of qualifying entities if the commissioner finds the waiver is reasonable and proper in view of administrative costs and other factors.

Sec. 5747.98. (A) To provide a uniform procedure for calculating the amount of tax due under section 5747.02 of the Revised Code, a taxpayer shall claim any credits to which the taxpayer is entitled in the following order:

(1) The retirement income credit under division (B) of section 5747.055 of the Revised Code;

(2) The senior citizen credit under division (C) of section 5747.05 of the Revised Code;

(3) The lump sum distribution credit under division (D) of section 5747.05 of the Revised Code;

(4) The dependent care credit under section 5747.054 of the Revised Code;

(5) The lump sum retirement income credit under division (C) of section 5747.055 of the Revised Code;

(6) The lump sum retirement income credit under division (D) of section 5747.055 of the Revised Code;

(7) The lump sum retirement income credit under division (E) of section 5747.055 of the Revised Code;

(8) The credit for displaced workers who pay for job training under section 5747.27 of the Revised Code;

(9) The campaign contribution credit under section 5747.29 of the Revised Code;

(10) The twenty-dollar personal exemption credit under section 5747.022 of the Revised Code;

(11) The joint filing credit under division (G) of section 5747.05 of the Revised Code;

(12) The nonresident credit under division (A) of section 5747.05 of the Revised Code;

(13) The credit for a resident's out-of-state income under division (B) of section 5747.05 of the Revised Code;

(14) The credit for employers that enter into agreements with child day-care centers under section 5747.34 of the Revised Code;

(15) The credit for employers that reimburse employee child day-care expenses under section 5747.36 of the Revised Code;

(16) The credit for manufacturing investments under section 5747.051 of the Revised Code;

(17) The credit for purchases of new manufacturing machinery and equipment under section 5747.26 or section 5747.261 of the Revised Code;

(18) The second credit for purchases of new manufacturing machinery and equipment under section 5747.31 of the Revised Code;

(19) The enterprise zone credit under section 5709.66 of the Revised Code;

(20) The credit for the eligible costs associated with a voluntary action under section 5747.32 of the Revised Code;

(21) The credit for employers that establish on-site child day-care centers under section 5747.35 of the Revised Code;

(22) The credit for purchases of qualifying grape production property under section 5747.28 of the Revised Code;

(23) The export sales credit under section 5747.057 of the Revised Code;

(24) The credit for research and development and technology transfer investors under section 5747.33 of the Revised Code;

(25) The enterprise zone credits under section 5709.65 of the Revised Code;

(26) The refundable jobs creation credit under section 5747.058 of the Revised Code;

(27) The refundable credit for taxes paid by a qualifying entity granted under section 5747.059 of the Revised Code;

(28) THE REFUNDABLE CREDITS FOR TAXES PAID BY A QUALIFYING PASS-THROUGH ENTITY GRANTED UNDER DIVISION (J) OF SECTION 5747.08 of the Revised Code.

(B) For any credit except the refundable jobs creation credit and the refundable credit for taxes paid by a qualifying entity CREDITS ENUMERATED IN DIVISIONS (A)(26), (27), AND (28) OF THIS SECTION AND THE CREDIT GRANTED UNDER DIVISION (I) OF SECTION 5747.08 of the Revised Code, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO ALLOW A TAXPAYER TO CLAIM, DIRECTLY OR INDIRECTLY, A CREDIT MORE THAN ONCE FOR A TAXABLE YEAR.

Sec. 5907.15. THERE IS HEREBY CREATED IN THE STATE TREASURY THE OHIO VETERANS HOME RENTAL AND SERVICE REVENUE FUND. REVENUE GENERATED FROM TEMPORARY USE AGREEMENTS OF THE HOME, FROM THE SALE OF MEALS AT THE HOME'S DINING HALLS, AND FROM RENTAL, LEASE, OR SHARING AGREEMENTS FOR THE USE OF FACILITIES, SUPPLIES, EQUIPMENT, UTILITIES, OR SERVICES PROVIDED BY THE HOME SHALL BE CREDITED TO THE FUND. THE FUND SHALL BE USED ONLY FOR MAINTENANCE COSTS OF THE HOME.



Section 2. That existing sections 101.34, 101.70, 101.71, 101.72, 101.73, 101.74, 101.75, 101.77, 101.78, 101.79, 121.60, 121.61, 121.62, 121.63, 121.64, 121.65, 121.68, 121.69, 126.14, 131.35, 133.06, 718.01, 3313.646, 3313.841, 3313.842, 3313.98, 3314.03, 3314.07, 3314.08, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0214, 3317.0215, 3317.0216, 3317.03, 3317.05, 3317.051, 3317.06, 3317.082, 3317.10, 3317.11, 3317.161, 3317.19, 3318.06, 3318.08, 3318.10, 3323.091, 3323.12, 3704.14, 3734.57, 3734.82, 4123.40, 4701.10, 4701.20, 4743.05, 4745.01, 5711.22, 5733.04, 5733.05, 5733.057, 5733.0611, 5733.12, 5733.40, 5733.98, 5747.01, 5747.08, 5747.43, and 5747.98, and section 5747.452 of the Revised Code are hereby repealed. Existing Section 50.11 of Am. Sub. H.B. 215 of the 122nd General Assembly, as most recently amended by Am. Sub. H.B. 650 of the 122nd General Assembly, is hereby repealed.


Section 3. That Sections 20.05, 47.13, 58, 62.01, 67.08, 119, 190, and 210 of Am. Sub. H.B. 215 of the 122nd General Assembly be amended to read as follows:

"Sec. 20.05. Transfers to Central Service Agency Fund

The Director of Budget and Management may transfer up to $1,500,000 in fiscal year 1998 and up to $500,000 in fiscal year 1999 from the Occupational Licensing and Regulatory Fund (Fund 4K9) to the Central Service Agency Fund (Fund 115). The cash transferred shall be used to purchase the necessary equipment, products, and services to install a local area network for the professional licensing boards, to migrate their licensing applications to this network, and to provide for the ongoing operations of the network in fiscal year 1998 and fiscal year 1999. Appropriation authority equal to the cash transfer is hereby appropriated to line item 100-632, Central Service Agency.

The Director of Budget and Management may transfer up to $150,000 in fiscal year 1998 AND UP TO $150,000 IN FISCAL YEAR 1999 from the Occupational Licensing and Regulatory Fund (Fund 4K9) to the Central Service Agency Fund (Fund 115). The cash shall be utilized as necessary to subsidize the operations of the Central Service Agency during the process of transition due to the Medical Board and the Pharmacy Board no longer using Central Service Agency services.

The Director of Budget and Management shall transfer up to $20,000 in fiscal year 1998 from the Occupational Licensing and Regulatory Fund (Fund 4K9) to the Central Service Agency Fund (Fund 115). The Office of Budget and Management shall conduct, or contract for the conduct of, a study examining the feasibility of consolidating the administrative process of licensing and regulating barbers and cosmetologists while respecting the separate identities of the two professions. Appropriation authority equal to the cash transfer is hereby appropriated to line item 100-632, Central Service Agency.

Sec. 47.13. Minority Business Bonding Fund

Notwithstanding Chapters 122., 169., and 175. of the Revised Code and other provisions of this act AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY, the Director of Development may, upon the recommendation of the Minority Development Financing Advisory Board, pledge up to $10,000,000 in this biennium of unclaimed funds administered by the Director of Commerce and allocated to the Minority Business Bonding Program pursuant to section 169.05 of the Revised Code. The transfer of any cash by the Director of Commerce from the Department of Commerce's Unclaimed Funds Fund (Fund 543) to the Department of Development's Minority Business Bonding Fund (Fund 449) shall occur, if requested by the Director of Development, only if such funds are needed for payment of losses arising from the Minority Business Bonding Program, and only after the $2,700,000 transferred to the Minority Business Bonding Fund by the Controlling Board in 1983 has been used for that purpose. Moneys transferred by the Director of Commerce for this purpose may be moneys in custodial funds held by the Treasurer of State. If expenditures are required for payment of losses arising from the Minority Business Bonding Program, such expenditures shall be made from appropriation item 195-623, Minority Business Bonding Contingency in the Minority Business Bonding Fund, and such amounts are hereby appropriated.

Minority Business Bonding Program Administration

Investment earnings of the Minority Business Bonding Fund (Fund 449), shall be credited to Minority Business Bonding Program Administration Fund (Fund 450).

Ohio Minority Development Financing Advisory Board

The foregoing appropriation item 195-411, Minority Development Financing Advisory Board, shall be used to pay operating costs associated with the Minority Development Financing Advisory Board.

Minority Business Enterprise Loan

Of the foregoing appropriation item 195-646, Minority Business Enterprise Loan (Fund 4W1), not less than $500,000 in each fiscal year shall be used to fund the Ohio Mini-Loan Guarantee Program to make loan guarantees to small businesses in an amount not to exceed fifty per cent of the total capital cost of the project being assisted. In each fiscal year, no more than $400,000 shall be used to pay up to 50 per cent of the operating costs of the Minority Development Financing Advisory Board.

In fiscal year 1998 DURING THE 1997-1999 BIENNIUM, the Director of Development shall use $250,000 from appropriation item 195-646, Minority Business Enterprise Loan, to study minority businesses to identify current minority business needs and to determine how to improve Department of Development services for minority businesses that would promote economic development throughout the state.

All loan repayments from the Minority Development Financing Advisory Board loan program and the Ohio Mini-Loan Guarantee Program shall be deposited in the State Treasury, to the credit of the Minority Enterprise Loan Fund (Fund 4W1).

Sec. 58. EPA ENVIRONMENTAL PROTECTION AGENCY

General Revenue Fund
GRF716-321Central Administration$3,688,765$3,780,221
  3,865,221
GRF717-321Water Quality Planning and Assessment$7,783,614$8,133,514
 7,748,614 
GRF718-321Ground Water$1,035,597$1,098,797
GRF719-321Air Pollution Control$2,608,893$2,673,946
GRF721-321Public Water System Supervision$2,857,608$2,939,948
GRF724-321Pollution Prevention$630,799$630,799
GRF725-321Laboratory$1,116,505$1,145,330
GRF726-321Corrective Actions$304,462$281,279
GRF715-501Local Air Pollution Control$1,398,489$1,437,647
GRF715-503Science Advisory Program$500,000$500,000
 450,000 
GRF715-504Special Sanitary District Distress Fund$3,000,000$0
TOTAL GRF General Revenue Fund$24,924,732$22,621,481
 24,839,732 22,706,481

General Services Fund Group 491715-665MOVING EXPENSES
199715-602Laboratory Services$700,000$700,000
4A1715-640Sale of Goods and Services$3,148,826$3,148,680
$0 $1,358,168
TOTAL GSF General Services    
Fund Group$3,848,826$3,848,680
  5,206,848

Federal Special Revenue Fund Group
3F2715-630State Revolving Loan Fund - Operating Expenses$3,733,024$3,821,161
3F3715-632PCB Toxics$3,584,637$3,571,485
3F4715-633Water Quality Management$934,238$624,238
3F5715-641Nonpoint Source Pollution Management$4,339,154$4,197,440
3J1715-620Urban Stormwater$461,309$589,109
3J5715-615Maumee River$1,183,511$600,734
3K2715-628Clean Water Act 106$2,535,049$2,784,249
3K3715-637DOE Agreement in Principle$1,932,687$1,988,973
3K4715-634DOD Base Realignment/Closure Grant$861,500$861,500
3K6715-639Remedial Action Plan$510,493$723,887
3M5715-652Haz Mat Transport Uniform Safety$268,745$276,707
3N1715-655Pollution Prevention Grants$90,000$90,000
3N4715-657DOE Cost Recovery Grants$3,098,920$3,137,675
352715-611Wastewater Pollution$349,132$395,000
353715-612Public Water Supply$2,308,500$2,308,500
354715-614Hazardous Waste Management$4,678,123$4,678,123
356715-616Indirect Costs$3,600,000$3,600,000
357715-619Air Pollution Control$3,074,005$2,876,047
362715-605Underground Injection Control$119,000$119,000
TOTAL FED Federal Special Revenue    
Fund Group$37,662,027$37,243,828

State Special Revenue Fund Group
4C3715-647Central Support Indirect$7,254,006$7,437,442
4D7715-603Natural Resources Damage Assessment$86,610$86,610
4G3715-618Jennison Wright Cleanup$140,352$140,352
4J0715-638Underground Injection Control$321,139$329,488
4K2715-648Clean Air$1,863,000$1,863,000
4K3715-649Solid Waste$9,960,931$9,037,732
4K4715-650Surface Water Protection$6,985,194$6,985,194
4K5715-651Drinking Water Protection$4,799,522$3,945,546
4P5715-654Cozart Landfill$130,000$130,000
4R5715-656Scrap Tire Management$4,255,459$4,243,359
4R9715-658Voluntary Action Program$1,345,567$1,269,754
4T3715-659Title V Permit Program$11,000,000$10,900,000
4U7715-660Construction & Demolition Debris$300,160$300,160
4V8715-663Microdot Settlement$40,000$0
500715-608Immediate Removal Special Account$591,800$599,639
503715-621Hazardous Waste Facility Management$7,580,537$7,901,421
503715-661Hazardous Waste Facility Cleanup$3,123,667$3,173,266
503715-662Hazardous Waste Facility Board$796,573$810,122
505715-623Hazardous Waste Clean-up$18,444,873$17,852,771
6A1715-645Environmental Education$2,119,976$2,125,114
602715-626Motor Vehicle Inspection and Maintenance$2,301,013$2,390,569
644715-631ER Radiological Safety$198,095$190,451
660715-629Infectious Wastes Management$179,630$120,480
678715-635Air Toxic Release$272,236$290,016
679715-636Emergency Planning$1,799,000$1,849,372
676715-642Water Pollution Control Loan Administration$0$1,060,000
696715-643Air Pollution Control Administration$740,000$750,000
699715-644Water Pollution Control Administration$500,000$500,000
TOTAL SSR State Special Revenue    
Fund Group$87,129,340$86,281,858
TOTAL ALL BUDGET FUND GROUPS$153,564,925$149,995,847
 153,479,925 151,439,015

Cash Transfer from Hazardous Waste Funds to Solid Waste Fund

Notwithstanding any other provision of law to the contrary, the Director of Budget and Management shall transfer $882,619 cash from Fund 503, Hazardous Waste Facility Management and $882,619 from Fund 505, Hazardous Waste Clean-up, to Fund 4K3, Solid Waste.

Special Sanitary District Distress Fund

Of the foregoing appropriation item, GRF 715-504, Special Sanitary District Distress Fund, $3,000,000 in fiscal year 1998 shall be used exclusively to abate or correct unsanitary conditions in a special sanitary district created under section 1541.21 of the Revised Code concerning which the Director of Environmental Protection has issued proposed Administrative Orders prior to April 1994, but has not issued Final Administrative Orders. The Special Sanitary District Distress Fund shall be abolished on June 30, 1999, or whenever the balance in the fund is $0, whichever occurs earlier.

Area-Wide Planning Agencies

Of the foregoing appropriation item, GRF 717-321, Water Quality Planning and Assessment, $450,000 in fiscal year 1998 and $450,000 in fiscal year 1999 shall be divided evenly between the following six area-wide planning agencies: Eastgate Development and Transportation Agency, Toledo Metropolitan Area Council of Governments, Northeast Ohio Four County Regional Planning and Development Organization, Northeast Ohio Areawide Coordinating Agency, Ohio-Kentucky-Indiana Regional Council of Governments, and Miami Valley Regional Planning Commission.

Hazardous Waste Study Committee

The Director of Environmental Protection shall review the funding needs and program activities of the Division of Hazardous Waste Management and the Division of Emergency and Remedial Response and present that information to an advisory committee established by the Director. The committee shall be composed of three representatives of the Environmental Protection Agency, two representatives of permitted hazardous waste facilities, two representatives of industry involved in emergency and remedial response, and two representatives of state-wide environmental advocacy organizations. The committee shall make recommendations to the Director regarding funding needs and program activities. The Director shall report the committee's recommendations to the Speaker of the House of Representatives and the President of the Senate not later than October 1, 1998.

Scrap Tire Program

Of the foregoing appropriation item Fund 4R5, 715-656 Scrap Tire Management, $400,000 in fiscal year 1998 and $400,000 in fiscal year 1999 shall be used to fund a tire development and reprocessing project.

Harrison County Garage Environmental Assessment

Of the foregoing appropriation item GRF 726-321, Corrective Actions, $30,000 in fiscal year 1998 shall be used to fund the Harrison County Garage environmental assessment.

_MOVING _EXPENSES

THERE IS HEREBY CREATED IN THE STATE TREASURY THE MOVING EXPENSES FUND. THE FUND SHALL CONSIST OF CASH BALANCES TRANSFERRED FROM EXISTING FUNDS NOT ALREADY OBLIGATED TO PAY EXISTING OBLIGATIONS. THE FUND SHALL BE USED TO PAY THE MOVING EXPENSES OF THE ENVIRONMENTAL PROTECTION AGENCY INTO NEW FACILITIES.

NOTWITHSTANDING ANY PROVISION OF THE LAW TO THE CONTRARY, THE DIRECTOR OF ENVIRONMENTAL PROTECTION, WITH THE APPROVAL OF THE DIRECTOR OF BUDGET AND MANAGEMENT, MAY TRANSFER CASH BALANCES NOT ALREADY OBLIGATED TO OTHER OBLIGATIONS INTO THE MOVING EXPENSES FUND.

Sec. 62.01. Child and Family Health Services

Of the foregoing appropriation item 440-416, Child and Family Health Services, $1,300,000 in each fiscal year shall be used for family planning services. None of the funds received through these family planning grants shall be used to provide abortion services. None of the funds received through these family planning grants shall be used for referrals for abortion, except in the case of a medical emergency. These funds shall be distributed on the basis of the relative need in the community served by the Director of Health to family planning programs, which shall include family planning programs funded under Title V of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and Title X of the "Public Health Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to other family planning programs which the Department of Health also determines will provide services that do not include referrals for abortion, other than in the case of medical emergency, with state funds, but that otherwise substantially comply with the quality standards for such programs under Title V and Title X.

The Director of Health shall, by regulation, provide reasonable methods by which a grantee wishing to be eligible for federal funding may comply with these requirements for state funding without losing its eligibility for federal funding.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $25,000 in fiscal year 1998 shall be used by the Preble County Commission to conduct a study to determine if a Wellness Center should be established in Preble County. Any unused funds shall be credited to appropriation item 440-416, Child and Family Health Services.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $47,000 in fiscal year 1998 shall be used by the Monroe County Health Planning Council.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $150,000 in each fiscal year shall be used to provide malpractice insurance for physicians and other health professionals providing prenatal services in programs funded by the Ohio Department of Health.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $650,000 in each fiscal year shall be used for the Help Me Grow program.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $200,000 shall be used in each fiscal year for the OPTIONS dental care access program.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $25,000 shall be used by the Carroll County Health Department.

Of the foregoing appropriation item 440-416, Child and Family Health Services, $50,000 in each fiscal year shall be used by the Cuyahoga County Health Department for the development of a Pulmonary Hemosiderosis Prevention Program.

Prevention

Of the foregoing appropriation item 440-451, Prevention, $100,000 shall be used in each fiscal year for rape prevention programs.

Of the foregoing appropriation item 440-451, Prevention, $54,500 in fiscal year 1998 and $49,820 in fiscal year 1999 shall be used by the Miami Valley Youth Health Improvement Coalition to prevent youths from cigarette or marijuana use and from alcohol consumption. These funds shall be made available for use in the following counties: Champaign, Clark, Darke, Greene, Miami, Montgomery, Preble, and Shelby.

Hemophilia AIDS Prevention

Of the foregoing appropriation, 440-406, Hemophilia Services, $235,000 in fiscal year 1998 and $245,000 in fiscal year 1999 shall be used by the Ohio Department of Health to provide grants to the nine hemophilia treatment centers to provide prevention services for persons with hemophilia and their family members affected by AIDS and other bloodborne pathogens.

HIV/AIDS Prevention/Protease Inhibitors

Of the foregoing appropriation item 440-444, AIDS Prevention/AZT, $3.0 million in fiscal year 1998 and $3.9 million in fiscal year 1999 shall be used to assist persons with HIV/AIDS in acquiring protease inhibitor drugs.

Hemophilia Insurance Pilot Project

Of the foregoing appropriation item 440-406, Hemophilia Services, $205,000 in each fiscal year shall be used to implement the Hemophilia Insurance Pilot Project.

Maternal Child Health Block Grant

Of the foregoing appropriation item 440-601, Maternal Child Health Block Grant (Fund 320), $2,091,299 shall be used in each fiscal year for the purposes of abstinence-only education. The Director of Health shall develop guidelines for the establishment of abstinence programs for teenagers with the purpose of decreasing unplanned pregnancies and abortion. Such guidelines shall be pursuant to Title V of the "Social Security Act," 42 U.S.C.A. 510 and shall include, but are not limited to, advertising campaigns and direct training in schools and other locations.

Medically Handicapped Children Audit

The Medically Handicapped Children Audit Fund (Fund 477) shall receive revenue from audits of hospitals and recoveries from third-party payors. Funds may be expended for payment of audit settlements and for costs directly related to obtaining recoveries from third-party payors and for encouraging Program for Medically Handicapped Children recipients to apply for third-party benefits. Funds also may be expended for payments for diagnostic and treatment services on behalf of medically handicapped children, as defined in division (A) of section 3701.022 of the Revised Code, Ohio residents who are twenty-one or more years of age and who are suffering from cystic fibrosis.

Medically Handicapped Children - County Assessments

The foregoing appropriation item, 440-607, Medically Handicapped Children - County Assessments, shall be used to make payments pursuant to division (E) of section 3701.023 of the Revised Code.

Sickle Cell Fund

The foregoing State Special Revenue Fund Group appropriation item 440-610, Sickle Cell Disease Control (Fund 4F9), shall be used by the Department of Health to administer programs authorized by section 3701.131 of the Revised Code. The source of the funds is as specified in section 3701.23 of the Revised Code.

Cancer Registry System

The foregoing appropriation item 440-412, Cancer Incidence Surveillance System, shall be used to establish and maintain a cancer registry system within the Department of Health pursuant to sections 3701.261 to 3701.263 of the Revised Code. In each fiscal year of the biennium, $50,000 of line item 440-412 shall be used as an operating subsidy for the Cleveland Cancer Data Systems.

Genetics Services

The foregoing State Special Revenue Fund Group appropriation item 440-608, Genetics Services (Fund 4D6), shall be used by the Department of Health to administer programs authorized by sections 3701.501 and 3701.502 of the Revised Code.

Sudden Infant Death Syndrome

A portion of the foregoing appropriation item 440-601, Maternal and Child Health Block Grant (Fund 320), shall be used to ensure that current information on sudden infant death syndrome is available for distribution by local health districts.

Poison Control Network

Of the foregoing appropriation, 440-504, Poison Control Network, all available funds in each fiscal year shall be used by the Ohio Department of Health for grants to the consolidated Ohio Poison Control Center to provide poison control services to Ohio citizens.

Of the foregoing appropriation item 440-504, Poison Control Network, $250,000 in fiscal year 1998 and $250,000 in fiscal year 1999 shall be used to consolidate the poison control centers in Ohio in a single location in Hamilton County.

Tuberculosis

The foregoing appropriation item 440-506, Tuberculosis, shall be used to make payments to counties pursuant to section 339.43 of the Revised Code.

Child and Family Health Services ISTV

The Director of Budget and Management shall transfer cash from Fund 3P8, Disproportionate Share, to the Department of Health Fund 5E1, Health Services, in an amount of $14,800,000. This amount shall be used for the following purposes: $4,900,000 shall be used in fiscal years 1998 and 1999 for rabies prevention; $1,000,000 in each fiscal year shall be disbursed to the local Child and Family Health Services Clinics to provide services to uninsured low-income persons; $1,500,000 in each fiscal year to Federally Qualified Health Centers and federally designated look-alikes to provide services to uninsured low-income persons; $1,000,000 in each fiscal year shall be used for the diagnosis and treatment of sexually transmitted diseases; and $700,000 in each fiscal year for family planning services. None of the funds received through family planning grants under appropriation item 440-624, Health Services (Fund 5E1), shall be used to provide abortion services. None of the funds received through family planning grants under appropriation item 440-624, Health Services (Fund 5E1), shall be used for referrals for abortion, except in the case of a medical emergency. These funds shall be distributed on the basis of the relative need in the community served by the Director of Health to family planning programs, which shall include family planning programs funded under Title V of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and Title X of the "Public Health Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended, as well as to other family planning programs which the Department of Health also determines will provide services that do not include referrals for abortion, other than in the case of medical emergency, with state funds, but that otherwise substantially comply with the quality standards for such programs under Title V and Title X.

The Director of Health shall, by regulation, provide reasonable methods by which a grantee wishing to be eligible for federal funding may comply with these requirements for state funding without losing its eligibility for federal funding. The Director of Health shall adopt rules for the use of these funds by September 30, 1997.

The Director of Health shall require recipients of these funds to acknowledge that Fund 5E1, Health Services, does not have a revenue source beyond this biennium and that there is no assurance that funding for these initiatives will continue in the next biennium.

Public Health

Of the foregoing appropriation item 440-624, Health Services, $500,000 in fiscal year 1998 and $1,000,000 in fiscal year 1999 shall be transferred to the Ohio State University College of Medicine and Public Health. The funds shall support the development of statewide public health initiatives that are consistent with the "Ohio Public Health Plan: Strategies to Implement the Five Point Plan," including the development of data collection mechanisms and data processes to track and evaluate public health programs and outcomes. The College of Medicine and Public Health shall work in collaboration with the Department of Health and the local departments of health to provide consultative program development and design services in health behavior, health promotion, epidemiology, biometrics, health services and management, and environmental health sciences. Measurable outcome-based initiatives shall be developed in a minimum of the following areas: childhood immunizations; emerging infectious diseases; women's health issues; the prevention of teenage pregnancy; improved outcomes of pregnancy; and the value of nutritional education and dietary modification as a strategy for the prevention of heart disease and cancer.

The Director of Health shall require The Ohio State University College of Medicine and Public Health to acknowledge that Fund 5E1, Health Services, does not have a revenue source beyond this biennium and that there is no assurance that funding for these initiatives will continue in the next biennium.

AIDS Drug Reimbursement Program

Of the foregoing appropriation item 440-444, AIDS Prevention/AZT, $124,500 in fiscal years 1998 and 1999 shall be used for the AIDS Drug Reimbursement Program and section 3701.241 of the Revised Code and Title XXVI of the "Public Health Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended. The Department of Health is authorized to promulgate rules pursuant to section 111.15 and Chapter 119. of the Revised Code as necessary for the administration of the program.

Ohio Early Start Program

The foregoing appropriation item 440-459, Ohio Early Start, shall be used to provide services to children under age three who are at risk of developmental delay or child abuse and neglect. Funds shall be allocated with the approval of the Family and Children First Cabinet Council and pursuant to rules adopted in accordance with Chapter 119. of the Revised Code.

Ohio Health Care Data System

Of the foregoing appropriation item, 440-413, Ohio Health Care Data System, the Director of Health may distribute up to $450,000 in each fiscal year to the Ohio Corporation for Health Information to expand the electronic data interchange effort and for special projects.

Transfer of Laboratory Services

The Director of Health shall contract with The Ohio State University to perform the state laboratory testing, analytical duties and any other related functions currently performed by the Bureau of Laboratories at the Department of Health.

Osteoporosis Awareness Program

Grants from pharmaceutical companies, and others, that are credited to appropriation item 440-609, Non-Governmental Revenue (Fund 4L3), for the purpose of osteoporosis awareness and appropriations in line item 440-402, Osteoporosis Awareness, are to be used by the Office of Women's Health Initiatives to implement an Osteoporosis Awareness Program.

_CENTRAL _SUPPORT _INDIRECT _FUND _CASH _TRANSFER

ON OR BEFORE JUNE 30, 1998, AT THE REQUEST OF THE DIRECTOR OF HEALTH, THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER CASH IN AN AMOUNT UP TO $600,000 FROM THE CENTRAL SUPPORT INDIRECT FUND (FUND 211) TO THE LAB HANDLING FEE FUND (FUND 473) AND INCREASE APPROPRIATION ITEM 440-622, LAB HANDLING FEE, BY AN EQUIVALENT AMOUNT.

_CERTIFICATE OF _NEED _FUND _USES

IN ADDITION TO USES CITED IN DIVISION (B) OF SECTION 3702.52 of the Revised Code, IN FISCAL YEAR 1999 THE DIRECTOR OF HEALTH MAY USE THE CERTIFICATE OF NEED FUND (FUND 471) TO ADMINISTER SECTIONS 3702.11 TO 3702.20 AND 3702.30 of the Revised Code.

Sec. 67.08. Study on Transfer of Assets and the Medicaid Estate Recovery Program

The Department of Human Services shall conduct a study, or contract for a study to be conducted, for the purpose of determining the extent to which applicants for nursing home services paid for through the Medicaid program are transferring their assets for less than fair market value as a means of avoiding depletion of their assets for their own support prior to becoming eligible for Medicaid. The study shall include an analysis of the Medicaid estate recovery program, including a compilation of data regarding the follwing FOLLOWING: the frequency of homestead property being available for recovery, the amount spent on the estate recovery program in comparison to the amount actually recovered, and the experience of other states in operating Medicaid estate recovery programs. The study shall include any recommendations for legislative changes that would either deter the occurrence of pre-eligibility asset transfers or enhance the efficacy of the Department's Medicaid estate recovery program. Results of the study shall be filed by January 1, 1999, with the Governor, the Speaker of the House of Representatives, and the President of the Senate.

_FUNDING FOR THE _EARLY _START _WELCOME _VISITS _PROGRAM

IN FISCAL YEAR 1999, UPON THE REQUEST OF THE DIRECTOR OF HUMAN SERVICES, THE CONTROLLING BOARD MAY TRANSFER UP TO $4 MILLION IN STATE SHARE GENERAL REVENUE FUND APPROPRIATIONS FROM THE DEPARTMENT OF HUMAN SERVICES TO THE DEPARTMENT OF HEALTH APPROPRIATION ITEM 440-459, EARLY START WELCOME VISITS PROGRAM. THE DIRECTOR OF BUDGET AND MANAGEMENT MAY REDUCE THE APPROPRIATE LINE ITEM IN THE DEPARTMENT OF HUMAN SERVICES' BUDGET BY THE AMOUNT OF CORRESPONDING FEDERAL MATCHING FUNDS.

Sec. 119. OVH OHIO VETERANS' HOME

General Revenue Fund
GRF430-100Personal Services$10,334,362$11,039,285
GRF430-200Maintenance$4,676,165$5,007,942
TOTAL GRF General Revenue Fund$15,010,527$16,047,227

Federal Special Revenue Fund Group
3L2430-601Federal Grants$6,690,000$7,034,267
TOTAL FED Federal Special Revenue    
Fund Group$6,690,000$7,034,267

State Special Revenue Fund Group 484430-603RENTAL AND SERVICE REVENUE
4E2430-602Veterans Home Operating$3,082,672$3,320,470
  3,480,942
$0 $100,000
604430-604Veterans Home Improvement$466,192$579,839
TOTAL SSR State Special Revenue    
Fund Group$3,548,864$3,900,309
  4,160,781
TOTAL ALL BUDGET FUND GROUPS$25,249,391$26,981,803
  27,242,275

_CASH _TRANSFER _FROM _VETERANS _HOME _FUND _TO _OPERATING _FUND

THE DIRECTOR OF BUDGET AND MANAGEMENT MAY TRANSFER CASH IN AN AMOUNT EQUAL TO A ONE PER CENT REDUCTION IN THE OHIO VETERANS HOME GENERAL REVENUE FUND OPERATING LINE ITEMS, AS PROVIDED IN AM. SUB. H. B. 650 OF THE 122nd GENERAL ASSEMBLY, FROM THE VETERANS HOME FUND (FUND 604) TO THE VETERANS HOME OPERATING FUND (FUND 4E2).

Sec. 190. Ohio Departments Building

(A) As used in this section:

(1) "Repair and renovate" and "repair and renovation" include, but are not limited to, planning, programming, design, constructions, furnishing, and equipping of the Ohio Departments Building;

(2) "Appropriation" means appropriation items CAP-815 and CAP-849 in Section 28 of Am. H.B. 748 of the 121st General Assembly, appropriation items CIR-825, CIR-815, and CIR-831 in Section 15.02 of Am. Sub. S.B. 264 of the 121st General Assembly, and any subsequent appropriations made to or for the benefit of the Supreme Court for the repair and renovation of the Ohio Departments Building.

(B) The appropriation shall be used by or at the direction of the Supreme Court of Ohio for the repair and renovation of the Ohio Departments Building as follows:

(1) A portion shall be used by the Department of Administrative Services for the repair and renovation of the exterior, roof, and grounds of the Ohio Departments Building;

(2) The remaining portion shall be used after January 1, 1998 by the Ohio Building Authority for other expenses associated with the repair and renovation of the Ohio Departments Building, including, but not limited to, the interior and grounds of the Building.

(C) The Ohio Building Authority, with the prior approval of the Supreme Court, shall submit a plan and cost estimate of repair and renovation set forth in division (B)(2) of this section to the Department of Administrative Services. Based upon the plan, the Director of Administrative Services shall request the Director of Budget and Management to release from the appropriation the estimated amount. The Director of Budget and Management may release the funds APPROPRIATION and, upon their THAT release, the Director of Administrative Services shall transfer the amount released to the Ohio Building Authority, which shall use the funds MONEYS, and any investment earnings on the funds MONEYS and other available receipts as defined in section 152.09 of the Revised Code, to pay the costs of the repair and renovation.

(D) Upon completion of the repair and renovation:

(1) Any funds MONEYS received by the Ohio Building Authority for the repair and renovation that have not been used shall be refunded to the Department of Administrative Services for deposit into Fund 026;

(2) The Supreme Court shall own, operate, and manage the Ohio Departments funds received by the Ohio Building Authority for the repair and renovation that have not been used shall be refunded to the Department of Administrative Services for deposit into Fund 026 Building.

(E) The Supreme Court may enter into contracts or other agreements with the Department of Administrative Services, the Ohio Building Authority, another state entity, or a private contractor to operate and manage the Ohio Departments Building.

(F) To assist the Ohio Building Authority, the Department of Administrative Services and the Supreme Court may assign, amend, or enter into any necessary or appropriate leases, contracts, or agreements relating to the Ohio Departments Building to or with the Ohio Building Authority upon terms satisfactory to all parties.

(G) REPAIRS AND RENOVATIONS THAT ARE MADE USING THE APPROPRIATION ARE EXEMPT FROM SECTION 3379.10 of the Revised Code, THE PER CENT FOR ARTS PROGRAM.

Sec. 210. Sections 5733.02, 5733.022, 5733.03, 5733.042, 5733.05, 5733.051, 5733.052, 5733.053, 5733.055, 5733.06, 5733.061, 5733.065, 5733.066, 5733.067, 5733.068, 5733.069, 5733.0611, 5733.09, 5733.12, 5733.31, 5733.311, 5733.32, 5733.33, and 5733.98 of the Revised Code, as amended or enacted by this act AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY, apply to tax years 1999 and thereafter, except as otherwise provided in division (A) of section 5733.05 and divisions (A)(6) through (8) of section 5733.98 of the Revised Code. NOTHING IN AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY AMENDS OR REPEALS ALL OR ANY PORTION OF THESE SECTIONS FOR THE PURPOSES OF TAX YEAR 1998 WITH REGARD TO CORPORATIONS OTHER THAN FINANCIAL INSTITUTIONS.

THE AMENDMENT OF THIS SECTION IS SUBJECT TO THE REFERENDUM."


Section 4. That existing Sections 20.05, 47.13, 58, 62.01, 67.08, 119, 190, and 210 of Am. Sub. H.B. 215 of the 122nd General Assembly are hereby repealed.


Section 5. That Section 67.05 of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by Sub. H.B. 446 of the 122nd General Assembly, be amended to read as follows:

"Sec. 67.05. Transfer of Funds

The Ohio Department of Human Services shall transfer through intrastate transfer vouchers, cash from State Special Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and Community-Based Services, in the Ohio Department of Mental Retardation and Developmental Disabilities. The sum of the transfers shall be equal to the amounts appropriated per fiscal year in line item 322-604, Waiver - Match. The transfer may occur on a quarterly basis or on a schedule developed and agreed to by both Departments.

The Ohio Department of Human Services shall transfer, through intrastate transfer vouchers, cash from the State Special Revenue Fund 4J5, Home and Community-Based Services for the Aged, to Fund 4J4, PASSPORT, in the Ohio Department of Aging. The sum of the transfers shall be equal to the amount appropriated per fiscal year in line item 490-610, PASSPORT/Residential State Supplement. The transfer may occur on a quarterly basis or on a schedule developed and agreed to by both departments.

Day Care for Foster Parents

Of the foregoing appropriation item 400-527, Child Protective Services, not more than $1,400,000 in fiscal year 1998 and not more than $1,400,000 in fiscal year 1999, may be used to reimburse counties for child day care services purchased in behalf of children in foster care. Such funds may be used as matching funds for federal funds that may be available for this purpose. The Department of Human Services shall adopt rules, in accordance with section 111.15 of the Revised Code, establishing reimbursement procedures and conditions to be followed by counties.

Transfer from the Children's Trust Fund to the Wellness Block Grant Fund

The Director of Budget and Management shall transfer $1,000,000 in fiscal year 1998 and $1,000,000 in fiscal year 1999 from Fund 198, Children's Trust Fund, to Fund 4N7, Wellness Block Grant, within the Department of Human Services' budget.

Foster Care Liability Coverage

On behalf of public children services agencies and in consultation with the Department of Insurance and the Office of State Purchasing, the Department of Human Services may seek and accept proposals for a uniform and statewide insurance policy to indemnify foster parents for personal injury and property damage suffered by them due to the care of a foster child. Premiums for such a policy shall be the sole responsibility of each public children services agency that agrees to purchase the insurance policy.

Protective Services Incentive Funding

Notwithstanding the formula in section 5101.14 of the Revised Code, from the foregoing appropriation item 400-527, Child Protective Services, the Department of Human Services may use no more than $2 million in fiscal year 1999 as incentive funding for public children services agencies to promote innovative practice standards and efficiencies in service delivery. The department shall develop a process for the release of these funds and may adopt rules in accordance with section 111.15 of the Revised Code governing the distribution, release, and use of these funds.

Day Care/Head Start Collaborations

The Department of Human Services and the county departments of human services shall work to develop collaborative efforts between Head Start and child care providers. The Department of Human Services may use the foregoing appropriation items 400-413, Day Care Match/Maintenance of Effort, and 400-617, Day Care Federal, to support collaborative efforts between Head Start and child day care centers.

Day Care Funding for Latchkey Children

The Department of Human Services shall use not less than $5,000,000 in fiscal year 1998 and not less than $5,000,000 in fiscal year 1999 of the Child Care Development Block Grant moneys to support low-income families who need assistance in the provision of before-school and after-school care for their children. The Department of Human Services shall establish rules determining eligibility for these dollars adopted in accordance with section 111.15 of the Revised Code.

Evening and Night Time Child Care

When the Department of Human Services adopts rules establishing a procedure for determining the rates of maximum reimbursement for publicly funded child care, the department shall adopt an enhanced rate to encourage the development of child care for parent(s) who work nontraditional hours.

Human Services Staff Reduction

From staffing levels that existed on January 1, 1997, the Department of Human Services is required to reduce its full-time equivalent positions by 150 by July 1, 1999. At least thirty-nine positions must be eliminated by January 1, 1998. The remaining positions must be eliminated by July 1, 1999.

Child Protective Services Information System

(A) From the foregoing appropriation item 400-416, Computer Projects, the Department of Human Services shall expend at least $6,000,000 in fiscal year 1998 and at least $6,000,000 in fiscal year 1999 to contract with a vendor to develop a statewide automated child welfare information system (SACWIS) and support the 88 public children services agencies' implementation of the SACWIS. The department shall select a vendor by using a competitively bid request for proposal process. For a vendor to be eligible to contract with the department, all of the following must apply:

(1) The vendor must have developed a SACWIS for another state and assisted that state with the successful implementation of the SACWIS;

(2) The vendor must be able to do either of the following:

(a) Revise the SACWIS developed for the other state to comply with Ohio and federal law and successfully interface with the Support Enforcement Tracking System (SETS) and Client Registry and Information System-Enhanced (CRIS-E);

(b) Develop a new SACWIS that complies with Ohio and federal law and successfully interfaces with SETS and CRIS-E;

(3) The vendor must be able to have the SACWIS operational in all 88 public children services agencies by June 30, 1999.

(B) The Department of Human Services shall do both of the following:

(1) Provide training and system support for the county employees who will use the SACWIS;

(2) Provide for the maintenance and general upkeep of the SACWIS.

Adoption Assistance

Of the foregoing appropriation item 400-528, Title IV-E and State Adoption Services, not more than $3,700,000 in fiscal year 1998 and not more than $3,700,000 in fiscal year 1999 shall be used in support of post finalization adoption services offered pursuant to section 5153.163 of the Revised Code. The Department of Human Services shall adopt rules and procedures pursuant to section 111.15 of the Revised Code to set payment levels and limit eligibility for post finalization adoption services as necessary to limit program expenditures to the amounts set forth in this section, based on factors, including but not limited to, any or all of the following: type, or extent, of the adopted child's disability or special need; and resources available to the adoptive family to meet the child's service needs.

Social Service Block Grant (SSBG) Earmark for Day Care Services

Of the foregoing appropriation item 400-620, Social Services Block Grant, no less than $15,000,000 in fiscal year 1998 and $15,000,000 in fiscal year 1999 shall be used for child day care services. The remainder of the SSBG funding may be used to provide social services as authorized in section 5101.465 5101.46 of the Revised Code, including adult day care.

Child Support Collections/TANF MOE

The foregoing appropriation item 400-658, Child Support Collections, shall be used by the Department of Human Services to meet the TANF Maintenance of Effort requirements of Pub. L. No. 104-193. After the state has met the maintenance of effort requirement, the Department of Human Services may use funds from line item 400-658 to support public assistance activities.

Transfer of Unspent Funds from Fiscal Year 1998 to Fiscal Year 1999

Upon the request of the Department of Human Services, the Controlling Board may transfer any remaining unspent fiscal year 1998 funds from appropriation item 400-410, TANF State, to appropriations for fiscal year 1999 so that the state of Ohio will be able to meet the Maintenance of Effort requirements for the Temporary Assistance for Needy Families Block.

Upon the request of the Department of Human Services, the Controlling Board may transfer any remaining unspent fiscal year 1998 funds from appropriation item 400-413, Day Care/Maintenance of Effort, to appropriations for fiscal year 1999 so that the state of Ohio will be able to meet the Maintenance of Effort requirements for the Child Care Development Block Grant.

Upon the request of the Department of Human Services, the Controlling Board may transfer any remaining unspent fiscal year 1998 funds from individual county consolidations from appropriation item 400-527, Child Protective Services, to appropriations for fiscal year 1999 so that the counties may meet the obligations for services funded through that line item.

Upon the request of the Department of Human Services, the Controlling Board may transfer any remaining unspent fiscal year 1998 funds from the Post Finalization Special Adoption Services portion of appropriation item 400-528, Adoption Services, to appropriations for fiscal year 1999 so that counties may meet the obligations for services funded through that portion of the line item.

Upon the request of the Department of Human Services, the Controlling Board may transfer any remaining unspent fiscal year 1998 funds from appropriation item 400-409, Wellness Block Grant, to appropriations for fiscal year 1999 so that the counties may meet the obligations for services funded through that line.

Private Child Care Agencies Training

The foregoing appropriation item 400-615, Private Child Care Agencies Training, shall be used by the Department of Human Services to provide the state match for federal Title IV-E training dollars for private child placing agencies and private noncustodial agencies. Revenues shall consist of moneys derived from fees established under section 5101.112 5101.143 of the Revised Code and paid by private child placing agencies and private noncustodial agencies.

Funding for Emergency Food Distribution Programs

Of the foregoing appropriation item 400-610, Food Stamps and State Administration, $1.5 million in fiscal year 1998 and $1.5 million in fiscal year 1999 shall be used by the Department of Human Services to purchase commodities and distribute those commodities to supplement the emergency food distribution programs. Agencies receiving commodities under this program shall provide reports in accordance with rules developed by the Department of Human Services.

Transfers for Lead Assessments

Of the foregoing appropriation item 400-525, Health Care/Medicaid, $77,790 (state share only) in fiscal year 1998, and $111,477 (state share only) in fiscal year 1999 shall be used to transfer funds from the General Revenue Fund to the General Operations Fund (Fund 142) of the Department of Health. Transfer of the funds shall be made through intrastate transfer vouchers pursuant to an interagency agreement for the purpose of performing environmental lead assessments in the homes of Medicaid Healthcheck recipients.

Transfer IMD/DSH Cash

The Director of Budget and Management may transfer cash from the Disproportionate Share Fund (3P8) in the Department of Human Services to the OhioCare Fund (4X5) in the Department of Mental Health, the Behavioral Health Medicaid Services Fund (4X4) in the Department of Alcohol and Drug Addiction Services, and the Medicaid Program Support Fund - State (5C9) in the Department of Human Services and shall transfer cash in the amount of $14,800,000 to the Health Services Fund (5E1) in the Department of Health.

Interagency Agreement on Specified Medicaid Services

Based on an interagency agreement, the Department of Human Services may delegate authority to the Department of Alcohol and Drug Addiction Services and the Department of Mental Health to administer specified Medicaid services. Monthly reimbursement shall be made by intrastate transfer voucher from the Department of Human Services' appropriation items 400-525, Health Care/Medicaid, and 400-655, Interagency Reimbursement, to the Department of Drug and Alcohol Addiction Services' Behavioral Health Medicaid Services Fund (4X4) and the Department of Mental Health's OhioCare Fund (4X5).

Medicaid Program Support Fund-State

The Department of Human Services' Medicaid Program Support Fund-State (5C9) is hereby created in the state treasury. The Fund shall be used to receive earned federal reimbursement generated by the Institutions for Mental Diseases/Disproportionate Share Hospital Program. The foregoing appropriation item 400-671, Medicaid Program Support, may be used for the following purposes: to pay for Medicaid services to eligible children under age nineteen, whose family income does not exceed 150 per cent of the federal poverty level; to pay for a new Medicaid home and community-based waiver program for non-aged persons with chronic, long-term disabilities; and, to make residual payments associated with the specified Medicaid services transferred to the Department of Alcohol and Drug Addiction Services and the Department of Mental Health.

The foregoing appropriation item 400-672, Medicaid Services, may be used by the Department of Human Services to pay for Medicaid services or to transfer moneys by intrastate transfer voucher to the Department of Mental Health's OhioCare Fund (4X5) in accordance with an interagency agreement which delegates authority from the Department of Human Services to the Department of Alcohol and Drug Addiction Services and the Department of Mental Health to administer specified Medicaid services.

Medicaid Program Support Fund-Federal

The Department of Human Services' Medicaid Program Support Fund-Federal (3P7) is hereby created in the state treasury. The foregoing appropriation item 400-668, Medicaid Program Support, may be used to pay for Medicaid services to eligible children under age nineteen, whose family income does not exceed 150 per cent of the federal poverty level; and for a new Medicaid home and community-based waiver program for non-aged persons with chronic, long-term disabilities. Funds also may be used for residual payments associated with the specified Medicaid services transferred to the Department of Alcohol and Drug Addiction Services and the Department of Mental Health.

The foregoing appropriation item 400-672, Medicaid Services, may be used by the Department of Human Services to pay for Medicaid services and contracts.

OhioCare Start-up Fund Name Change

The name of the Department of Human Services' OhioCare Start-up Fund (3P7) is hereby changed to the Medicaid Program Support Fund-Federal.

Rural Medicaid Managed Care Pilot Programs

The Director of Human Services may contract with one or more organizations to develop and/or implement Medicaid Managed Care Pilot Programs in rural sections of Ohio.

Medicaid Managed Care Reimbursement Study Committee

The Medicaid Managed Care Reimbursement Study Committee shall meet by August 1, 1997, to begin reviewing the appropriateness of the negotiated Medicaid reimbursement rates paid to managed care organizations for services provided to Medicaid recipients in fiscal year 1998. By November 1, 1997, the Committee must report its findings and/or recommendations concerning the fiscal year 1998 rates to the Governor, the Speaker of the House of Representatives, and the President of the Senate.

Medicaid Managed Care for Individuals with MR/DD

In preparing the budget for medical assistance for state fiscal years 2000 and 2001, as it pertains to services provided to individuals with mental retardation and developmental disabilities, the Office of Budget and Management and the Department of Human Services shall review the results of any study regarding the use of a managed care system that is prepared and submitted to it by the Hattie Larlham Foundation, the Ohio Department of Mental Retardation and Developmental Disabilities Action Committee, the Ohio Private Residential Association, the Ohio Coalition for Services to Persons with Mental Retardation and Developmental Disabilities, or any other entity.

Transfer Lapsed Funds in Fund 4A6 to GRF

The Department of Human Services shall certify the cash balance of Fund 4A6 to the Director of Budget and Management who shall transfer the remaining unexpended, unobligated balance in Fund 4A6 to the General Revenue Fund.

Holding Account Redistribution Group

The foregoing appropriation items 400-643 and 400-644, Holding Account Redistribution Fund Group, shall be used to hold revenues until they are directed to the appropriate accounts or until they are refunded. If it is determined that additional appropriation authority is necessary, such amounts are hereby appropriated.

Agency Fund Group

The foregoing appropriation items 400-646, 400-601, and 400-642, Agency Fund Group, shall be used to hold revenues until they are directed to the appropriate accounts or until they are directed to the appropriate governmental agency other than the Department of Human Services. If it is determined that additional appropriation authority is necessary, such amounts are hereby appropriated.

State Special Revenue Fund Group

The foregoing appropriation items that appear in the Department of Human Services' State Special Revenue Fund Group shall be used to collect revenue from various sources and use the revenue to support programs administered by the Department of Human Services. If it is determined that additional appropriations are necessary, the department shall notify the Director of Budget and Management on forms prescribed by the Controlling Board. If the director agrees that the additional appropriation is necessary in order to perform the functions allowable in the appropriation item then such amounts are hereby appropriated. The Director of Budget and Management shall notify the Controlling Board at their next regularly scheduled meeting as to the action taken."


Section 6. That existing Section 67.05 of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by Sub. H.B. 446 of the 122nd General Assembly, is hereby repealed.


Section 7. That Sections 50, 50.07, 50.09, 50.10, 50.12, 50.13, 50.14, 50.24, and 50.52.10 of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 650 of the 122nd General Assembly, be amended to read as follows:


"Sec. 50. EDU DEPARTMENT OF EDUCATION

General Revenue Fund
GRF200-100Personal Services$10,744,925$10,756,210
  11,256,210
GRF200-200Maintenance$8,691,111$4,597,207
 3,991,111 6,797,207
GRF200-300Equipment$117,449$116,773
  2,116,773
GRF200-405Primary and Secondary Education Funding$0$0
GRF200-406Head Start$83,739,058$92,562,977
GRF200-408Public Preschool$17,468,094$17,904,796
GRF200-410Professional Development$0$29,649,944
GRF200-411Family and Children First$8,500,500$10,642,188
GRF200-412Driver Education Administration$143,429$142,605
GRF200-415Consumer Education$500,000$500,000
GRF200-416Vocational Education Match$2,245,026$2,248,664
GRF200-417Professional Development$14,370,077$0
GRF200-422School Management Assistance$800,596$841,563
GRF200-423Teacher Recruitment$1,289,067$0
GRF200-424Simulation System$449,796$447,210
GRF200-426Ohio Educational Computer Network$21,698,858$22,228,079
GRF200-429Local Professional Development Block Grants$9,259,713$0
GRF200-431School Improvement Models$16,450,000$11,525,000
GRF200-432School Conflict Management$392,575$402,390
GRF200-437Student Proficiency$10,555,476$11,798,788
GRF200-441American Sign Language$226,245$226,245
GRF200-442Child Care Licensing$1,359,171$1,438,172
GRF200-446Education Management Information System$12,060,657$10,299,674
GRF200-447GED Testing/Adult High School$1,939,001$1,987,475
GRF200-455Charter Schools$1,200,000$2,300,000
GRF200-500School Finance Equity$109,405,982$66,957,250
GRF200-501Base Cost Funding$2,202,851,688$2,986,915,811
GRF200-502Pupil Transportation$179,702,987$231,595,463
GRF200-503Bus Purchase Allowance$36,365,821$37,274,967
GRF200-504Special Education$556,029,126$0
GRF200-505School Lunch Match$9,450,000$9,450,000
GRF200-507Vocational Education$317,612,847$0
GRF200-509Adult Literacy Education$8,928,273$9,151,480
GRF200-511Auxiliary Services$95,956,267$101,617,687
GRF200-512Driver Education$6,026,070$6,206,852
GRF200-514Post-Secondary/Adult Vocational Education$20,695,861$20,695,861
GRF200-520Disadvantaged Pupil Impact Aid$277,205,650$386,618,741
GRF200-521Gifted Pupil Program$34,383,349$36,326,043
GRF200-524Educational Excellence and Competency$9,528,000$9,168,000
GRF200-526Vocational Education Equipment Replacement$4,941,622$0
GRF200-532Nonpublic Administrative Cost Reimbursement$41,829,125$44,297,043
GRF200-533School-Age Child Care$1,046,647$1,046,647
GRF200-534Desegregation Costs$50,400,000$50,400,000
GRF200-540Special Education Enhancements$0$136,286,490
GRF200-541Peer Review$1,840,000$0
GRF200-542National Board Certification$1,600,000$0
GRF200-543Entry Year Program$2,396,205$0
GRF200-544Individual Career Plan & Passport$5,708,968$0
GRF200-545Vocational Education Enhancements$0$184,298,314
  201,991,432
GRF200-546Charge-Off Supplement$0$11,000,000
GRF200-547Power Equalization$0$12,500,000
GRF200-551Reading Improvement$1,666,133$1,666,133
GRF200-552County MR/DD Boards Vehicle Purchases$1,551,774$1,590,569
GRF200-553County MR/DD Boards Transportation Operating$6,611,623$6,876,088
GRF200-558Emergency Loan Interest Subsidy$0$8,490,374
GRF200-577Preschool Special Education$62,268,535$0
GRF200-589Special Education Aides$1,635,157$0
GRF200-901Property Tax Allocation - Education$566,800,000$600,800,000
GRF200-906Tangible Tax Exemption - Education$61,320,000$63,210,000
TOTAL GRF General Revenue Fund$4,899,958,534$5,257,055,773
 4,895,258,534 5,279,448,891

General Services Fund Group
4D1200-602Ohio Prevention/Education Resource Center$277,560$285,332
138200-606Computer Services$4,036,728$4,143,201
452200-638Fees and Gifts$1,788,862$1,838,335
596200-656Ohio Career Information System$647,156$660,812
4P1200-629Adult Literacy Education$2,364,400$2,430,603
4L2200-681Teacher Certification and Licensure$3,580,741$3,675,311
TOTAL GSF General Services    
Fund Group$12,695,447$13,033,594

Federal Special Revenue Fund Group
309200-601Educationally Disadvantaged$12,486,104$12,904,245
366200-604Adult Basic Education$16,300,000$18,000,000
3H9200-605Head Start Collaboration Project$200,000$200,000
367200-607School Food Services$9,290,000$10,160,000
368200-614Veterans' Training$565,232$593,493
369200-616Vocational Education$10,556,971$10,787,320
3L6200-617Federal School Lunch$159,570,000$167,550,000
3L7200-618Federal School Breakfast$29,818,000$31,607,000
3L8200-619Child and Adult Care Programs$58,600,000$59,800,000
3L9200-621Vocational Education Basic Grant$54,122,121$54,122,121
3M0200-623ESEA Chapter One$356,669,568$374,503,047
370200-624Education of All Handicapped Children$12,902,838$12,902,838
3N7200-627School-to-Work$18,000,000$13,500,000
371200-631EEO Title IV$364,655$377,850
372200-635Federal Driver Education Projects$84,500$84,500
373200-642Pupil Transportation Safety Project$81,000$81,000
374200-647E.S.E.A. Consolidated Grants$260,301$265,624
375200-652Technical Assistance for Educational Mobility$216,720$227,556
376200-653J.T.P.A.$5,000,000$5,034,523
3R3200-654Goals 2000$19,789,214$22,000,000
377200-657Sex Equity$125,685$131,969
378200-660Math/Science Technology Investments$10,802,634$12,000,000
3D1200-664Drug Free Schools$17,410,259$19,500,000
3D2200-667Honors Scholarship Program$1,231,979$1,231,979
3E2200-668AIDS Education Project$718,734$620,775
3M1200-678ESEA Chapter Two$13,478,447$14,152,369
3M2200-680Ind W/Disab Education Act$91,825,830$91,825,830
TOTAL FED Federal Special    
Revenue Fund Group$900,470,792$934,164,039

State Special Revenue Fund Group
454200-610Guidance and Testing$490,662$503,912
455200-608Commodity Foods$8,000,000$8,000,000
4V7200-633Interagency Vocational Support$514,000$528,392
5F8200-645Textbooks/Instructional Materials$25,000,000$25,000,000
598200-659Auxiliary Services Mobile Units$1,224,444$1,258,728
5H3200-687School District Solvency Assistance$0$30,000,000
4R7200-695Indirect Cost Recovery$1,357,434$1,393,146
TOTAL SSR State Special Revenue    
Fund Group$36,586,540$66,684,178

Lottery Profits Education Fund Group
017200-682Lease Rental Payment Reimbursement$21,105,000$32,780,000
017200-610Base Cost Funding$0$666,093,028
017200-670School Foundation - Basic Allowance$584,137,200$0
017200-671Special Education$44,000,000$0
017200-672Vocational Education$30,000,000$0
017200-673Primary and Secondary Lottery Funding$0$0
017200-694Bus Purchase One Time Supplement$10,000,000$0
  
018200-669Judgment Loan$5,650,000$0
Total 017 and 018    
LPE Lottery Profits Education    
Fund Group$694,892,200$698,873,028

Education Improvement Fund
006200-689Hazardous Waste Removal$1,500,000$1,443,401
TOTAL Education Improvement Fund$1,500,000$1,443,401
TOTAL ALL BUDGET FUND GROUPS$6,546,103,513$6,969,810,612
 6,541,403,513 6,992,203,730

Professional Development

Of the foregoing appropriation item 200-410, Professional Development, $5,997,829 shall be used by the Department of Education to develop a statewide comprehensive system of twelve professional development centers that support local educators' ability to foster academic achievement in the students they serve. The centers shall include training teachers on site-based management concepts to encourage teachers to become involved in the management of their schools. Each fiscal year, up to $450,000 of the appropriation item shall be used to continue Ohio leadership academies to develop and train superintendents, principals, other administrators, and board members in new leadership and management practices to support high performance schools. This training shall be coordinated with other locally administered leadership programs.

Of the foregoing appropriation item 200-410, Professional Development, $50,000 each year shall be distributed to the Ohio Geographical Alliance at such time as matching funds are provided by the National Geographical Society. These moneys shall be used by the Ohio Geographical Alliance to provide inservice geography training to Ohio public school teachers.

Of the foregoing appropriation item 200-410, Professional Development, $75,000 in each fiscal year shall be distributed by the Department of Education to the Ohio University Leadership Project.

Of the foregoing appropriation item 200-410, Professional Development, up to $500,000 each year shall be used by the Department of Education to work with school districts in coordinating and improving the training and performance of classroom teachers.

Of the foregoing appropriation item 200-410, Professional Development, $25,000 in each fiscal year shall be used by the Lake County Educational Service Center and $25,000 in each fiscal year shall be used by the Geauga County Educational Service Center. Both projects shall be used for professional teacher development of innovative teaching practices in science and math.

Of the foregoing appropriation item 200-410, Professional Development, $500,000 in each fiscal year shall be used by the Rural Appalachian Initiative to create professional development academies for teachers, principals, and superintendents in the Appalachian region.

Of the foregoing appropriation item 200-410, Professional Development, up to $1,800,000 in fiscal year 1999 shall be used by the Department of Education in cooperation with the Regional Professional Development Centers to train mentor teachers and provide stipends of $1,500 per year to each mentor teacher to assist in the professional development of beginning teachers.

Of the foregoing appropriation item 200-410, Professional Development, up to $1,000,000 in fiscal year 1999 shall be used by the Department of Education in cooperation with the Regional Professional Development Centers to train teacher assessors and provide stipends of $2,500 per year to each teacher assessor to assist in the evaluation of the classroom performance of beginning teachers.

Of the foregoing appropriation item 200-410, Professional Development, $1,321,292 shall be used by the Department of Education to establish programs targeted at recruiting under-represented populations into the teaching profession. In each year, the appropriation item shall be used by the department to include, but not be limited to, alternative teacher licensure or certification programs emphasizing the recruitment of highly qualified minority candidates into teaching, including emphasizing the recruitment of highly qualified minority candidates into teaching positions in schools which have a high percentage of minority students. The recruitment programs shall also target recruiting qualified candidates available as a result of downsizing of the military and business sectors. Funding shall also be targeted to statewide, regional, and local programs that are competitively selected as promising programs demonstrating the potential of significantly increasing Ohio's minority teaching force.

Of the foregoing appropriation item 200-410, Professional Development, $500,000 in each fiscal year shall be used to establish or enhance alternative disciplinary schools by providing grants of $100,000 annually to each of the following programs: Wood County Alternative School Program, Interval Opportunity School in Summit County, Portage County Opportunity School in Ravenna, Auglaize County Alternative School Program, and Licking County Alternative School Program. Such pilot programs shall encourage collaborative relationships with juvenile courts and other agencies to develop effective teaching and learning programs.

Of the foregoing appropriation item 200-410, Professional Development, $200,000 in each fiscal year shall be provided to the Stark County Schools Teacher Technical Training Center.

Of the foregoing appropriation item 200-410, Professional Development, $9,659,713 shall be distributed on a per teacher basis to all school districts, joint vocational school districts, and chartered nonpublic schools for locally developed teacher training and professional development and for the establishment of local professional development committees. School districts and joint vocational school districts shall not be precluded from using these funds for cooperative activities on a county or regional basis.

Of the foregoing appropriation item 200-410, Professional Development, $2,875,000 shall be used by the Department of Education to develop a peer review program for teachers, to provide training, and to implement the peer review program in school districts on a pilot basis in fiscal year 1998. Funds for fiscal year 1999 shall be awarded on a competitive basis to school districts wishing to implement peer review programs. In each fiscal year, $640,000 shall be distributed to the Regional Professional Development Centers to provide training for mentor teachers and for leadership teams from districts implementing peer review programs.

Of the foregoing appropriation item 200-410, Professional Development, $125,000 in each fiscal year shall be used by the Rural Appalachian Initiative to develop a peer review and coaching model whereby teachers coach one another. In addition, the funds shall be used to train and provide stipends for teacher coaches and mentors, and to develop training modules for professional improvement through establishing and attaining goals.

Of the foregoing appropriation item 200-410, Professional Development, $1,650,000 shall be used by the Department of Education to pay the application fee for teachers from public and chartered nonpublic schools applying to the National Board for Professional Teaching Standards for professional teaching certificates or licenses that the board offers, and to provide grants in each fiscal year to recognize and reward teachers who become certified by the board pursuant to section 3319.55 of the Revised Code.

In each fiscal year, the appropriation item shall be used to pay for the first 400 applications received by the department. Each prospective applicant for certification or licensure shall submit an application to the Department of Education. When the department has collected a group of applications, but no later than 30 days after receipt of the first application in a group, it shall send the applications to the National Board for Professional Teaching Standards along with a check to cover the cost of the application fee for all applicants in that group.

Of the foregoing appropriation item 200-410, Professional Development, up to $300,000 shall be used each fiscal year by the Department of Education to support the connection of teacher applicants to university programs that enhance applicant learning and professional development during the National Board Certification process.

Of the foregoing appropriation item 200-410, Professional Development, $2,456,110 shall be used by the Department of Education to expand the pilot residency programs established pursuant to provisions of Am. Sub. H.B. 152 of the 120th General Assembly.

The Department of Education shall select eligible beginning teachers to participate in a year-long entry year program which provides for guidance and coaching by experienced school district and university faculty and regular teacher performance assessment. The program is designed to assess each beginning teacher with the Education Testing Service's Praxis III examination. These funds shall be used to support the supervisory, teaching, and assessment services associated with the pilot residency program in urban, suburban, and rural sites.

Sec. 50.07. Potential Value Recomputation

(A) Notwithstanding division (A)(2) of section 3317.022 of the Revised Code in fiscal year 1999 the Department of Education shall first calculate all state basic aid payments to school districts required under Chapter 3317. of the Revised Code and other sections of Am. Sub. H.B. 215 and Am. Sub. H.B. 650 of the 122nd General Assembly under which payments are made from appropriation items 200-501, School Foundation Basic Allowance BASE COST FUNDING, and 200-670, School Foundation Basic Allowance BASE COST FUNDING, as if such division had not been enacted. Such calculated amounts shall be paid to school districts in accordance with section 3317.01 of the Revised Code and Am. Sub. H.B. 650 of the 122nd General Assembly.

(B) After the calculation required by division (A) of this section, the department shall recalculate all state basic aid payments to school districts required under Chapter 3317. of the Revised Code and other sections of Am. Sub. H.B. 215 and Am. Sub. H.B. 650 of the 122nd General Assembly, utilizing in such recalculation the provisions of division (A)(2) of section 3317.022 of the Revised Code. From the additional available money, the department shall pay each district an amount equal to the difference between its calculated amount of basic aid under division (A) of this section and its recalculated amount under this division. If there is not enough additional money to pay such amounts to all school districts, the department shall pay each district a percentage of such amount equal to the percentage the total amount of additional available money represents of the total amount of money that would be necessary to make the payments prescribed under this division to all districts.

Sec. 50.09. Adult Literacy Education

The foregoing appropriation item 200-509, Adult Literacy Education, shall be used to support Adult Basic and Literacy Education instructional programs, the State Literacy Resource Center program, and the State Advisory Council on Adult Education and Literacy.

Of the foregoing appropriation item 200-509, Adult Literacy Education, up to $410,000 in fiscal year 1998 and $512,500 in fiscal year 1999 shall be used to satisfy state match requirements for the support and operation of the State Literacy Resource Center and the State Advisory Council on Adult Education and Literacy.

Of the foregoing appropriation item 200-509, Adult Literacy Education, up to $50,000 in each fiscal year shall be used to provide funds to literacy councils that have not previously received funding. Each of these councils, in order to receive funds, shall have its plan of service approved by the local Family and Children First council.

The remainder shall be used to continue to satisfy the state match requirement for the support and operation of the Ohio Department of Education administered instructional grant program for Adult Basic and Literacy Education in accordance with the department's state plan for Adult Basic and Literacy Education as approved by the State Board of Education and the Secretary of the United States Department of Education.

Auxiliary Services

The foregoing appropriation item 200-511, Auxiliary Services, shall be used by the State Board of Education for the purpose of implementing section 3317.06 of the Revised Code. Of the appropriation, up to $1,000,000 in each fiscal year of the biennium may be used for payment of the Post-Secondary Enrollment Options Program for nonpublic students pursuant to section 3365.10 of the Revised Code.

Driver Education

The foregoing appropriation item 200-512, Driver Education, shall be used by the State Board of Education for subsidizing driver education courses for which the State Board of Education prescribes minimum standards pursuant to section 3301.07 of the Revised Code and courses for students released by high school principals to attend commercial driver training schools licensed under Chapter 4508. of the Revised Code.

Post-Secondary/Adult Vocational Education

The foregoing appropriation item 200-514, Post-Secondary/Adult Vocational Education, shall be used by the State Board of Education to provide post-secondary/adult vocational education pursuant to sections 3313.52 and 3313.53 of the Revised Code.

Of the foregoing appropriation item 200-514, Post-Secondary/Adult Vocational Education, up to $500,000 in each fiscal year shall be allocated for the Ohio Career Information System (OCIS) and used for the dissemination of career information data to public schools, libraries, rehabilitation centers, two- and four-year colleges and universities, and other governmental units.

Of the foregoing appropriation item 200-514, Post-Secondary/Adult Vocational Education, up to $30,000 in each fiscal year shall be used for the statewide coordination of the activities of the Ohio Young Farmers.

Disadvantaged Pupil Impact Aid

The foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, shall be distributed to school districts according to the provisions of section 3317.029 of the Revised Code. However, no money shall be distributed for all-day kindergarten to any school district whose three-year average formula ADM exceeds 17,500 but whose DPIA index is not at least equal to 1.00, unless the Department of Education certifies that sufficient funds exist in this appropriation to make all other payments required by section 3317.029 of the Revised Code.

Annually, $1,450,000 shall be used by the Department of Education to provide state matching funds to implement the federal building based Effective School Program.

Of the foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, up to $3,000,000 in each year of the biennium shall be used for school breakfast programs. Of the $3,000,000, UP TO $500,000 shall be used each year by the Department of Education to provide start-up grants to rural school districts that start school breakfast programs. The remainder of the $3,000,000 shall be used to: (1) partially reimburse school buildings within school districts that are required to have a school breakfast program pursuant to section 3313.813 of the Revised Code, at a rate decided upon by the department, for each breakfast served to any pupil enrolled in the district; (2) partially reimburse districts participating in the National School Lunch Program that have at least 20 per cent of students who are eligible for free and reduced meals according to federal standards, at a rate decided upon by the department; and (3) to partially reimburse districts participating in the National School Lunch Program for breakfast served to children eligible for free and reduced meals enrolled in the district, at a rate decided upon by the department.

Of the portion of the funds distributed to the Cleveland City School District under section 3317.029 of the Revised Code calculated under division (F)(2) of that section, up to $8,700,000 in fiscal year 1999 shall be used to operate the pilot school choice program in the Cleveland City School District pursuant to sections 3313.974 to 3313.979 of the Revised Code.

Of the foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, $8,750,000 in fiscal year 1999 shall be used for competitive discipline intervention grants for the 21 urban school districts as defined in division (O) of section 3317.02 of the Revised Code as it existed prior to July 1, 1998. The grants shall be administered by the Ohio Department of Education and designed to reduce problems with student attendance, truancy, dropouts, and discipline.

Of the foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, $250,000 in fiscal year 1999 shall be distributed to the Franklin County Educational Council to provide a cross district alternative learning environment for students with alternative learning requirements, in collaboration with member districts and community services.

Of the foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, $900,000 each year shall be used to support dropout recovery programs administered by the Ohio Department of Education, Jobs for Ohio's Graduates program.

Of the foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, up to $1,000,000 in each year of the biennium shall be used to fund grants to improve reading performance, using programs such as Failure Free Reading, Slavin's Success for All, and other programs that have a demonstrated record of improving reading comprehension. The grants shall be made by the Department of Education to 20 schools in which at least 50 per cent of fourth grade students failed to pass at least four parts of the fourth grade proficiency test. The grants shall be made in the amount of $50,000 for each school.

Of the foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, the Department shall distribute $75,000 in each fiscal year to the Collinwood Community Center to continue outreach work on the Parents' Pledge of Responsibility in the Cleveland City School District. This distribution shall come from the Cleveland City School District's Disadvantaged Pupil Impact Aid.

Of the foregoing appropriation item 200-520, Disadvantaged Pupil Impact Aid, up to $500,000 in each fiscal year shall be used by the Department of Education to encourage school districts to set high academic standards and provide a helping hand for students striving to meet them. A Summer Proficiency Academy shall be any school district's summer school program that is conducted for students who have been enrolled in the fourth and sixth grades, whether district-wide, in several school buildings or within a cluster of school buildings, that addresses the needs of students who did not pass at least three of the five parts of either the fourth-grade or sixth-grade proficiency test, that is of at least six weeks' duration, and that provides an innovative, enriching educational experience. The department shall use the funds indicated in this paragraph to make grants to those school districts that conduct such Summer Proficiency Academies and that have valuation per pupil less than 150 per cent of the statewide average valuation per pupil, to defray 75 per cent of the costs of conducting such academies. The amount of each grant shall not exceed $150,000 and each school district shall be eligible for up to four grants in each fiscal year. Grants shall be made to school districts based on the percentage of students failing three or more tests, with first priority given to districts with the highest failure rates. As used in this paragraph, "valuation per pupil" has the same meaning as in division (A)(4) of section 3317.0212 of the Revised Code as it existed prior to July 1, 1998.

Sec. 50.10. Gifted Pupil Program

The foregoing appropriation item 200-521, Gifted Pupil Program, shall be used for gifted education units not to exceed 927 in fiscal year 1998 and 950 in fiscal year 1999. Up to $70,000 per year shall be used for the operation and support of the Ohio Summer School for the Gifted. Up to $600,000 per year shall be used for research and demonstration projects.

Notwithstanding the prohibition in section 3317.05 of the Revised Code that the State Board of Education annually approve for school districts and educational service centers no more than the number of gifted education units for which it determines appropriations have been made and notwithstanding the amounts required to be annually paid to school districts and educational service centers for approved gifted education units under division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 3317.162 of the Revised Code, if the foregoing appropriation item is not sufficient to fund the maximum allowable number of funded gifted education units in fiscal year 1999 in accordance with division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 3317.162 of the Revised Code, the State Board of Education may approve up to the maximum allowable number of funded gifted education units in each fiscal year of the biennium and, in lieu of the amounts required to be paid for approved units under division (Q)(P) of section 3317.024 AND DIVISION (B) OF SECTION 3317.162 of the Revised Code, shall proportionately reduce those amounts so that the total amount the State Board and educational service centers pays to school districts for all approved units does not exceed the amount of funds available in the foregoing appropriation item for such units. During the course of each fiscal year, the State Board may alter its determination of any reduction under this section for that fiscal year.

Of the foregoing appropriation item 200-521, Gifted Pupil Program, the Department of Education shall be authorized to expend up to $1,000,000 each year for the Summer Honors Institute for gifted freshmen and sophomore high school students.

Of the foregoing appropriation item 200-521, Gifted Pupil Program, up to $200,000 each year shall be used for the W.E.B. DuBois Talented Tenth Teacher Training Academy. The program will provide a summer honors program to promising minority students identified by their school districts as potential future teachers, pursuant to section 3313.608 of the Revised Code.

Sec. 50.12. Educational Excellence and Competency

Of the foregoing appropriation item 200-524, Educational Excellence and Competency, up to $35,000 in each year of the biennium shall be reserved for the Ohio Science Olympiad and up to $35,000 in each year of the biennium shall be reserved for the International Science and Engineering Fair. In each year of the biennium, $250,000 shall be reserved for a Math and Science Initiative to enhance math and science education for elementary students in a county-wide collaborative.

The Department of Education shall distribute $100,000 in fiscal year 1998 and $150,000 in fiscal year 1999 to the Christopher Project. The department shall distribute $120,000 in each fiscal year to the Regional District/University Consortium to Validate At-Risk Programs for Rural School Districts. The Department shall distribute $75,000 in each fiscal year to the Cincinnati Artworks Project. In fiscal year 1998, $100,000 shall be used for the Fairborn Community Vision and $300,000 in fiscal year 1998 and $100,000 in fiscal year 1999 shall be used for Ledgemont Education Excellency. In addition, the department shall distribute $275,000 in each fiscal year to the Summit County Technology Project.

In each fiscal year, $300,000 shall be used for a pilot project for the integration and implementation of distance learning, virtual reality, and computer technology to prepare students for careers in industry. Of this amount, $65,000 in each fiscal year shall be distributed to the Math, Science and Industrial Technology Institute at Kent State University-Trumbull Campus for purposes of this pilot project and $235,000 in each fiscal year shall be distributed to the Trumbull County Educational Service Center for the Industrial Technology Career Academy pilot project. In each fiscal year, $140,000 shall be used for the Crouse School Readiness Program.

Of the foregoing appropriation item 200-524, Educational Excellence and Competency, $90,000 in fiscal year 1998 shall be used for the Cleveland Language pilot program; and $20,000 in fiscal year 1998 shall be used for the Columbus Language pilot program.

Of the foregoing appropriation item 200-524, Educational Excellence and Competency, $850,000 in fiscal year 1998 and $850,000 in fiscal year 1999 shall be used to assist local school districts in the implementation of financial literacy programs as part of the school curriculum in kindergarten through grade six. The funds shall be used to purchase financial literacy instructional materials, including student books, hands-on material, and supporting teacher guides, which promote economic awareness by addressing fundamental life skills such as earning money, saving money, and spending money wisely. The financial literacy curriculum shall also introduce students to the concepts of economic interdependence, profit, loss, investment, and supply and demand. In fiscal year 1999, each school district shall be eligible for one $1,000 grant for each kindergarten through sixth grade level in each school building. A school building with five or more classes per grade level may receive up to $2,000 for that grade level.

The remainder of the appropriation shall be used by the Department of Education to fund programs for at-risk students each year as follows:
Earn and Learn$1,030,000
Trumbull County "Make Learning Fun"$75,000
LEAF$65,000
Coventry$25,000
Columbus Youth Corp$50,000
Montgomery County Summer Math program$215,000
Columbus City District's "I Know I Can"$645,000
Dayton-Montgomery County Scholarship Program$645,000
Cleveland Scholarship$500,000
Cleveland Initiative for Education$360,000
Cincinnati Project Succeed Academy$100,000
Cincinnati Scholarship Foundation$645,000
Improved Solutions for Urban Systems (ISUS)$100,000
Lorain County Access$150,000
Amer-I-Can$850,000
London Learns$100,000
Project Succeed$1,000,000
Greater Toledo School-To-Work Consortium$100,000
Muskingum Valley Services Center$100,000

For the Cleveland Initiative in Education program, the grant shall support its mentoring and advocacy program.

Of the foregoing appropriation item 200-524, Educational Excellence and Competency, $83,000 in fiscal year 1998 and $83,000 in fiscal year 1999 shall be used for the Shaker Heights Educational Mobility program.

Each program or entity that receives funds under the foregoing appropriation item 200-524, Educational Excellence and Competency, shall submit annually to the chairpersons of the education committees of the House of Representatives and the Senate and to the Department of Education a report that includes a description of the services supported by the funds, a description of the results achieved by those services, an analysis of the effectiveness of the program, and an opinion as to the program's applicability to other school districts. No funds shall be provided by the Department of Education to a district for the fiscal year 1999 until its report for the fiscal year 1998 has been submitted.

Nonpublic Administrative Cost Reimbursement

The foregoing appropriation item 200-532, Nonpublic Administrative Cost Reimbursement, shall be used by the State Board of Education for the purpose of implementing section 3317.063 of the Revised Code.

School-Age Child Care

Of the foregoing appropriation item 200-533, School-Age Child Care, up to $200,000 in each fiscal year shall be used for the "Training Ohio's Parents for Success" program. Up to $500,000 in each fiscal year shall be used for the "Parents as Teachers" program.

Of the foregoing appropriation item 200-533, School-Age Child Care, up to $62,500 in each fiscal year shall be used by the Cincinnati YWCA for its Home Instruction Program for Preschool Youngsters (HIPPY).

As used under this heading "school-age child care" means a program of child care conducted outside of regular school hours for school age children.

The remainder of the foregoing appropriation item 200-533, School-Age Child Care, shall be used by the Department of Education to provide grants to city, local, and exempted village school districts and educational service centers for school-age child care programs. In each fiscal year, the department shall make grants. All grants shall be awarded by the department on the basis of project proposals submitted by school district boards of education or educational service center governing boards. The board of education of each district or governing board of each educational service center that receives a grant shall keep a record of how the grant is used, and issue a report at the end of the school year for which the grant was made explaining the goals and objectives determined, the activities implemented, and the progress made toward achieving goals and objectives.

Desegregation Costs

The foregoing appropriation item 200-534, Desegregation Costs, shall be used to pay desegregation costs.

(A) Notwithstanding any section of law to the contrary, if in each fiscal year, due to federal court order, the Department of Education is obligated to pay for desegregation costs in any school district, the costs shall be paid from the foregoing appropriation item 200-534, Desegregation Costs.

Of the foregoing appropriation item 200-534, Desegregation Costs, up to $900,000 in fiscal year 1998 and up to $1,000,000 in fiscal year 1999 may be used to cover the legal fees associated with desegregation cases brought against the state.

OF THE FOREGOING APPROPRIATION ITEM 200-534, DESEGREGATION COSTS, IN FISCAL YEAR 1999 ANY UNOBLIGATED BALANCES MAY BE USED TO COVER THE LEGAL FEES ASSOCIATED WITH DESEGREGATION CASES BROUGHT AGAINST THE STATE.

By May 1 of each year, the Department of Education will determine if the appropriation exceeds the state's obligation for desegregation costs. Any appropriations in excess of the state's obligation shall be transferred to appropriation item 200-406, Head Start, by the Director of Budget and Management.

(B) As part of managing state desegregation costs, any board of education of a school district subject to a federal court desegregation order that requires the district board to bus students for the purpose of racial balance shall, within one year of the effective date of Am. Sub. H.B. 215 of the 122nd General Assembly:

(1) Update its plan required under Am. Sub. H.B. 298 of the 119th General Assembly designed to satisfy the court so as to obtain release from the court's desegregation order; and

(2) Submit an updated copy of the plan to the State Board of Education.

Upon request of the district board, the State Board shall provide technical assistance to the school district board in developing a plan.

Within ninety days of the date on which the plan is submitted to the State Board of Education, the district board, or the district board and the State Board of Education jointly if both are parties to the desegregation case, shall submit the plan to the court and apply for release from the court's desegregation order.

Of the foregoing appropriation item 200-534, Desegregation Costs, Cleveland City Schools shall receive $40,000,000 in fiscal year 1998 and $38,200,000 in fiscal year 1999; Dayton City Schools shall receive at least $4,500,000 in each of fiscal year 1998 and fiscal year 1999.

Of the foregoing appropriation item 200-534, Desegregation Costs, $5,000,000 in each fiscal year shall be used by the Department of Education to support the Cincinnati Magnet School Program.

Sec. 50.13. Special Education Enhancements

Of the foregoing appropriation item 200-540, Special Education Enhancements, up to $42,000,000 shall be used to fund up to 894 special education classroom and related services units at MR/DD boards and institutions.

Of the foregoing appropriation item 200-540, Special Education Enhancements, up to $22,000,000 in each fiscal year 1998 AND $3,000,000 IN FISCAL YEAR 1999 shall be used for home instruction and special instructional services for handicapped children; up to $2,000,000 may be used in each fiscal year 1998 for occupational and physical therapy contract services, including services provided by physical therapy assistants and certified occupational therapy assistants, AND UP TO $500,000 IN FISCAL YEAR 1999 MAY BE USED FOR CONTRACTED OCCUPATIONAL AND PHYSICAL THERAPY SERVICES INCLUDING SERVICES PROVIDED BY PHYSICAL THERAPY ASSISTANTS AND CERTIFIED OCCUPATIONAL THERAPY ASSISTANTS TO STUDENTS ATTENDING COUNTY BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES; up to $1,000,000 in fiscal year 1998 and up to $1,150,000 in fiscal year 1999 shall be used for parent mentoring programs; and $100,000 shall be expended in each year of the biennium for teacher training; UP TO $2,500,000 MAY BE USED IN FISCAL YEAR 1999 FOR PSYCHOLOGY INTERNS; AND UP TO $4,000,000 MAY BE USED IN FISCAL YEAR 1999 FOR SPECIAL INDIVIDUAL INSTRUCTIONAL RELATED SERVICES INCLUDING INTERPRETERS, GUIDES, AND READER SERVICES. OF THE FOREGOING APPROPRIATION ITEM 200-540, SPECIAL EDUCATION ENHANCEMENTS, UP TO $14,000,000 IN FISCAL YEAR 1999 SHALL BE USED TO PROVIDE SPEECH SERVICES TO STUDENTS WHO, PURSUANT TO AN IEP REQUIRE SPEECH SERVICES ONLY. THE FUNDS ARE INTENDED TO SUPPLEMENT FUNDS RECEIVED UNDER DIVISION (C) OF SECTION 3317.022 of the Revised Code. THE DEPARTMENT OF EDUCATION SHALL ADOPT RULES FOR THE DISTRIBUTION OF THE $14,000,000 FOR SPEECH INSTRUCTION SERVICES BASED UPON THE ADJUSTED TOTAL TAXABLE VALUE OF EACH SCHOOL DISTRICT PURSUANT TO SECTION 3317.02 of the Revised Code.

Of the foregoing appropriation item 200-540, Special Education Enhancements, $1,684,212 in fiscal year 1999 shall be used by the Department of Education to assist school districts in funding aides pursuant to paragraph (A)(3)(c)(i)(b) of Rule 3301-51-04 of the Administrative Code.

Of the foregoing appropriation item 200-540, Special Education Enhancements, $67,352,278 shall be distributed by the Department of Education to county boards of mental retardation and developmental disabilities, educational service centers, and school districts for preschool special education units and preschool supervisory units in accordance with section 3317.161 of the Revised Code. The department may reimburse county boards of mental retardation and developmental disabilities, educational service centers, and school districts for related services as defined in Rule 3301-01-05 of the Ohio Administrative Code, for preschool occupational and physical therapy services provided by a physical therapy assistant and certified occupational therapy assistant, and for an instructional assistant. To the greatest extent possible, the Department of Education shall allocate these units to school districts and educational service centers. The Controlling Board may approve the transfer of unallocated funds from appropriation item 200-501, Base Cost Funding, to appropriation item 200-540, Special Education Enhancements, to fully fund existing units as necessary or to fully fund additional units. The Controlling Board may approve the transfer of unallocated funds from appropriation item 200-540, Special Education Enhancements, to appropriation item 200-501, Base Cost Funding, to fully fund existing units, as necessary, or to fully fund additional units.

Sec. 50.14. Vocational Education Enhancements

Of the foregoing appropriation item 200-545, Vocational Education Enhancements, up to $125,000,000 $134,000,000 shall be used to fund up to 2,800 3,000 vocational education units, INCLUSIVE OF GRADS UNITS, at joint vocational school districts and up to $2,300,000 shall be used to fund up to 51 vocational education units at institutions. Up to $7,500,000 in fiscal year 1999 may be used for nonvocational units necessary for graduation pursuant to section 3317.16 of the Revised Code, up to $6,500,000 in fiscal year 1999 shall be used for joint vocational school equalization pursuant to section 3317.16 of the Revised Code, up to $300,000 shall be distributed to the Toledo Technology Academy each fiscal year, up to $9,500,000 in fiscal year 1999 shall be used to fund the Jobs for Ohio Graduates (JOG) program, up to $2,205,000 in fiscal year 1999 may be used to support tech prep consortia, and up to $7,193,118 in fiscal year 1999 shall be used to fund the Graduation, Reality, and Dual Role Skills (GRADS) program according to that program's rules, which shall be developed by the Superintendent of Public Instruction. Up to $3,100,000 $4,600,000 may be used to pay for special education classroom and related services units at joint vocational schools.

Funds for nonvocational units necessary for graduation shall be distributed according to rules adopted by the State Board of Education. If federal funds for vocational education cannot be used for local school district leadership without being matched by state funds, then an amount as determined by the Superintendent of Public Instruction shall be made available from state funds appropriated for vocational education. If any state funds are used for this purpose, federal funds in an equal amount shall be distributed for vocational education in accordance with authorization of the state plan for vocational education for Ohio as approved by the Secretary of the United States Department of Education.

The Legislative Office of Education Oversight shall study the various programs designed to serve at-risk high school students. Differences and possible overlaps of purposes, goals, objectives and strategies among such programs as Jobs for Ohio Graduates (JOG), Graduation, Reality, and Dual Role Skills (GRADS), Occupational Work Experience (OWE), and Occupational Work Adjustment (OWA) will be identified.

Of the foregoing appropriation item 200-545, Vocational Education Enhancements, $100,000 in fiscal year 1998 shall be used for the Cuyahoga County Vocational Apprenticeship Program, which provides funding for training in the building trades of eligible residents of the City of Cleveland. The program utilizes new housing development and rehabilitation programs of four nonprofit neighborhood development corporations as the focus of the skills training apprenticeship program. The four neighborhood development corporations participating in the program are the Glenville Development Corporation, Northeastern Neighborhood Development Corporation, Bell, Burton, and Carr Development Corporation, and the Buckeye Area Development Corporation.

Of the foregoing appropriation item 200-545, Vocational Education Enhancements, $5,851,692 in fiscal year 1999 shall be used to enable students to develop career plans, to identify initial educational and career goals, and to develop a career passport which provides a clear understanding of the student's knowledge, skills, and credentials to present to future employers, universities, and other training institutes.

The amount of $5,851,692 shall be allocated to school districts pursuant to guidelines developed by the Department of Education for programs described in section 3313.607 of the Revised Code for children in the kindergarten through twelfth grades. Funds so allocated shall be used for educational materials, services, career information, curriculum development, staff development, mentorships, career exploration, and career assessment instruments as needed to develop individualized career plans and passports.

Of the foregoing appropriation item 200-545, Vocational Education Enhancements, $4,941,622 shall be used to provide an amount to each eligible school district for the replacement or updating of equipment essential for the instruction of students in job skills taught as part of a vocational program or programs approved for such instruction by the State Board of Education. School districts replacing or updating vocational education equipment may purchase or lease such equipment. The Department of Education shall review and approve all equipment requests and may allot appropriated funds to eligible school districts on the basis of the number of units of vocational education in all eligible districts making application for funds.

The State Board of Education may adopt standards of need for equipment allocation. Pursuant to the adoption of any such standards of need by the State Board of Education, appropriated funds may be allotted to eligible districts according to such standards. Equipment funds allotted under either process shall be provided to a school district on a 40, 50, or 60 per cent of cost on the basis of a district vocational priority index rating developed by the Department of Education for all districts each year. The vocational priority index shall give preference to districts with a large percentage of disadvantaged students and shall include other socio-economic factors as determined by the State Board of Education.

Of the foregoing appropriation item 200-545, Vocational Education Enhancements, up to $17,000,000 in fiscal year 1999 shall be used for the Vocational Education Programs set-aside, from which moneys shall be distributed to school districts for vocational education programs in comprehensive high schools. In addition to any other payments made under Chapter 3317. of the Revised Code, any city, local, or exempted village school district providing an approved vocational education program may receive a supplemental vocational education payment from the set-aside for the purpose of meeting additional costs of providing vocational education. The moneys shall be distributed in accordance with rules adopted by the Superintendent of Public Instruction. The rules shall specify the vocational education related purposes for which the moneys received may be expended and may establish a system of prioritizing the distribution of moneys.

Reading Improvement

The foregoing appropriation item 200-551, Reading Improvement, shall be used by the Department of Education to fund the Reading Recovery training network, to cover the cost of release time for the teacher trainers, and to provide grants to districts to implement other reading improvement programs on a pilot basis. Funds for this appropriation item may also be used to conduct evaluations of the impact and effectiveness of Reading Recovery and other reading improvement programs.

In addition, the Department of Education shall report to the General Assembly and the Governor each fiscal year on the progress that has been made in implementing these programs, including an evaluation of the effectiveness of the programs.

Twenty per cent of the foregoing appropriation item 200-551, Reading Improvement, shall be used for the continuation of a phonics demonstration project as described in Sub. H.B. 81 of the 121st General Assembly. The Department of Education may make a portion of the funds for the demonstration project available to additional school districts that want to participate in the program that did not receive funding under the original project authorized in Sub. H.B. 81 of the 121st General Assembly.

County MR/DD Boards-Vehicle Purchases

The foregoing appropriation item 200-552, County MR/DD Boards-Vehicle Purchases, shall be used to provide financial assistance to MR/DD boards for the purchase of vehicles as permitted in section 3317.07 of the Revised Code.

The foregoing appropriation item 200-553, County MR/DD Boards-Transportation Operating, shall be used to provide financial assistance for transportation operating costs as provided in section 3317.024 of the Revised Code.

Emergency Loan Interest Subsidy

The foregoing appropriation item 200-558, Emergency Loan Interest Subsidy, shall be used to provide a subsidy to school districts receiving emergency school loans pursuant to section 3313.484 of the Revised Code. The subsidy shall be used to pay these districts the difference between the amount of interest the district is paying on an emergency loan, and the interest that the district would have paid if the interest rate on the loan had been two per cent.

Auxiliary Services Mobile Repair

Notwithstanding section 3317.064 of the Revised Code, if the unobligated cash balance is sufficient then the Treasurer of State shall transfer $1,500,000 in fiscal year 1998 within thirty days of the effective date of this section and $1,500,000 in fiscal year 1999 by August 1, 1998, from the Auxiliary Services Personnel Unemployment Compensation Fund to the Department of Education's Auxiliary Services Mobile Repair Fund (Fund 598).

Sec. 50.24. Lottery Profits

(A) There is hereby created the Lottery Profits Education Reserve Fund (Fund 018) in the State Treasury. At no time shall the amount to the credit of the fund exceed $50,000,000. Investment earnings of the Lottery Profits Education Reserve Fund shall be credited to the fund. Notwithstanding any provisions of law to the contrary, for fiscal years 1998 and 1999, there is hereby appropriated to the Department of Education, from the Lottery Profits Education Reserve Fund, an amount necessary to make loans authorized by sections 3317.0210, 3317.0211, and 3317.62 of the Revised Code. All loan repayments from loans made in fiscal years 1992, 1993, 1994, 1995, 1996, 1997, or 1998 shall be deposited into the credit of the Lottery Profits Education Reserve Fund.

(B) On or before July 15, 1998, the Director of Budget and Management shall determine the amount by which lottery profit transfers received by the Lottery Profits Education Fund for fiscal year 1998 exceed $679,417,200. The amount so determined shall be distributed in fiscal year 1999 pursuant to divisions (C)(E) and (D)(F) of this section.

The Director of Budget and Management shall annually certify the amounts determined pursuant to this section to the Speaker of the House of Representatives and the President of the Senate.

(C) NOT LATER THAN JANUARY 16, 1998, THE DEPARTMENT OF EDUCATION, IN CONSULTATION WITH THE DIRECTOR OF BUDGET AND MANAGEMENT, SHALL DETERMINE, BASED UPON ESTIMATES, IF A REALLOCATION OF FUNDS AS DESCRIBED IN THE SECTION TITLED "REALLOCATION OF FUNDS" OF AM. SUB. H.B. 215 OF THE 122nd GENERAL ASSEMBLY IS REQUIRED.

IF A REALLOCATION OF FUNDS IS REQUIRED, THEN THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL REQUEST CONTROLLING BOARD APPROVAL FOR A RELEASE OF ANY BALANCES IN THE LOTTERY PROFITS EDUCATION FUND AVAILABLE FOR THE PURPOSE OF THIS DIVISION AND PURSUANT TO DIVISIONS (C)(1) AND (2) OF THE SECTION TITLED "REALLOCATION OF FUNDS" OF AM. SUB. H.B. 215. ANY MONEYS SO RELEASED ARE HEREBY APPROPRIATED.

(D) IN FISCAL YEAR 1998, IF THE DEPARTMENT OF EDUCATION DOES NOT DETERMINE THAT A REALLOCATION OF FUNDS IS NECESSARY BY JANUARY 16, AS PROVIDED IN DIVISION (C) OF THIS SECTION, OR IF THERE IS A BALANCE IN THE LOTTERY PROFITS EDUCATION FUND AFTER THE RELEASE OF ANY AMOUNT NEEDED TO PRECLUDE A REALLOCATION OF FUNDS AS PROVIDED IN DIVISION (C) OF THIS SECTION, THE MONEYS IN THE LOTTERY PROFITS EDUCATION FUND SHALL BE ALLOCATED AS PROVIDED IN THIS DIVISION. ANY AMOUNTS SO ALLOCATED ARE HEREBY APPROPRIATED.

(1) AN AMOUNT EQUAL TO FIVE PER CENT OF THE ESTIMATED LOTTERY PROFITS OF $661,200,000 IN FISCAL YEAR 1997 OR THE AMOUNT REMAINING IN THE FUND, WHICHEVER IS THE LESSER AMOUNT, SHALL BE TRANSFERRED TO THE LOTTERY PROFITS EDUCATION RESERVE FUND WITHIN THE LIMITATIONS SPECIFIED IN DIVISION (A) OF THIS SECTION AND BE RESERVED AND SHALL NOT BE AVAILABLE FOR ALLOCATION OR DISTRIBUTION DURING FISCAL YEAR 1998. ANY AMOUNTS EXCEEDING $50,000,000 SHALL BE DISTRIBUTED PURSUANT TO DIVISIONS (D)(2), (3), AND (4) OF THIS SECTION.

(2) AFTER RESERVING THE REQUIRED AMOUNT UNDER DIVISION (D)(1) OF THIS SECTION, AN AMOUNT EQUAL TO $25,000,000 OR THE UNRESERVED AMOUNT REMAINING IN THE FUND, WHICHEVER IS THE LESSER AMOUNT, SHALL BE TRANSFERRED TO THE PUBLIC SCHOOL BUILDING FUND (FUND 021) TO BE ALLOCATED AND DISTRIBUTED IN ACCORDANCE WITH CHAPTER 3318. of the Revised Code. THE SCHOOL FACILITIES COMMISSION SHALL SUBMIT ANNUALLY A REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY ON THE USE OF THESE FUNDS. THE REPORT SHALL INCLUDE FOR EACH PROJECT, A DESCRIPTION OF THE NEED FOR THE PROJECT, THE TOTAL COST, THE STATE AND LOCAL SHARE OF THE COST, AND THE PROJECT REPAYMENT SCHEDULE.

(3) AFTER THE ALLOCATION UNDER DIVISION (D)(2) OF THIS SECTION, AN AMOUNT EQUAL TO $20,000,000 OR THE UNRESERVED AMOUNT REMAINING IN THE FUND, WHICHEVER IS THE LESSER AMOUNT, SHALL BE ALLOCATED TO THE SCHOOL FACILITIES COMMISSION TO ASSIST SCHOOL DISTRICTS IN COMPLYING WITH FEDERAL REGULATIONS ON ASBESTOS ABATEMENT AND REMOVAL AND TO ASSIST SCHOOL DISTRICTS IN MAKING SCHOOL BUILDINGS ACCESSIBLE TO THE HANDICAPPED.

(4) AFTER THE ALLOCATION UNDER DIVISION (D)(3) OF THIS SECTION, THE UNRESERVED AMOUNT REMAINING IN THE FUND SHALL BE DISTRIBUTED PURSUANT TO DIVISION (G) OF THIS SECTION.

(E) Not later than January 16, 1999, the Department of Education, in consultation with the Director of Budget and Management, shall determine, based upon estimates, if a reallocation of funds as described in the section titled "Reallocation of Funds" of Am. Sub. H.B. 215 of the 122nd General Assembly is required.

If a reallocation of funds is required, then the Superintendent of Public Instruction shall request Controlling Board approval for a release of any balances in the Lottery Profits Education Fund available for the purpose of this division and pursuant to divisions (C)(1) and (2) of the section titled "Reallocation of Funds" of AM. SUB. H.B. 215. Any moneys so released are hereby appropriated.

(D)(F) In fiscal year 1999, if the Department of Education does not determine that a reallocation of funds is necessary by January 16, as provided in division (C)(E) of this section, or if there is a balance in the Lottery Profits Education Fund after the release of any amount needed to preclude a reallocation of funds as provided in division (C)(E) of this section, the moneys in the Lottery Profits Education Fund shall be allocated as provided in this division. Any amounts so allocated are hereby appropriated.

(1) An amount equal to five per cent of the estimated lottery profits transfers of $679,417,200 in fiscal year 1998 or the amount remaining in the fund, whichever is the lesser amount, shall be transferred to the Lottery Profits Education Reserve Fund within the limitations specified in division (A) of this section and be reserved and shall not be available for allocation or distribution during fiscal year 1999. Any amounts exceeding $50,000,000 shall be distributed pursuant to divisions (D)(F)(2), (3), and (4) of this section.

(2) After reserving the required amount under division (D)(F)(1) of this section, an amount equal to $25,000,000 or the unreserved amount remaining in the fund, whichever is the lesser amount, shall be transferred to the School Building Fund (Fund 021) to be allocated and distributed in accordance with Chapter 3318. of the Revised Code. The School Facilities Commission shall submit annually a report to the Governor and General Assembly on the use of these funds. The report shall include for each project, a description of the need for the project, the total cost, the state and local share of the cost, and the project repayment schedule.

(3) After the allocation under division (D)(F)(2) of this section, an amount equal to $20,000,000 or the unreserved amount remaining in the fund, whichever is the lesser amount, shall be allocated to the School Facilities Commission to assist school districts in complying with federal regulations on asbestos abatement and removal and to assist school districts in making school buildings accessible to the handicapped.

(4) After the allocation under division (D)(F)(3) of this section, the amount remaining in the fund shall be distributed pursuant to division (E)(G) of this section.

(E)(G) In the appropriate fiscal year, any remaining amounts after the operations required by division (C)(D) or (D)(F) of this section, respectively, shall be available for distribution in accordance with this division.

(1) As used in this division:

(a) "State basic aid" means the amount computed for a district under sections 3317.022, 3317.023, and 3317.025 to 3317.028 of the Revised Code, plus any amount computed for the district under section 3317.0212 of the Revised Code Basic Aid Guarantee" of this act or any amount computed under section 3317.16 of the Revised Code.

(b) "ADM" means:

(i) In the case of a city, local, or exempted village school district, the district's formula ADM as defined in section 3317.02 of the Revised Code, minus the portion of ADM computed under division (A)(3) of section 3317.03 of the Revised Code for students that are enrolled in a joint vocational school district;

(ii) In the case of a joint vocational school district, the sum of the number of pupils enrolled in that joint vocational school district.

(2) Ninety-seven and forty-three one-hundredths per cent of the amount made available for distribution under this division in each fiscal year shall be distributed to city, local, joint vocational, and exempted village school districts eligible to receive funds pursuant to Chapter 3317. of the Revised Code in proportion to the percentage that the ADM of each such district is of the ADM of all such districts and shall be for the use of the public schools of the district. Two and fifty-seven one-hundredths per cent of such amount made available for distribution under this division in each fiscal year shall be distributed to nonpublic schools for the purposes of section 3317.063 of the Revised Code. Not later than the first day of March of each fiscal year, the Department of Education shall compute each school district's share for that year of the amount to be distributed under this division and shall, subject to Controlling Board approval, distribute the shares so determined.

Amounts distributed to school districts pursuant to this division shall be used solely to purchase textbooks and equipment. If funds have been appropriated by a board for any purposes permitted under this section, the amounts distributed to the district or educational service center under this division shall be used for additional expenditures for such purposes and shall not be substituted for funds previously appropriated by the board.

(3) Districts and nonpublic schools shall report to the Department of Education no later than the last day of May of each fiscal year on the usage of funds received under this division. The Department of Education shall compile district data and report on the usage of all funds distributed under this division to the Controlling Board by the last day of June of each fiscal year. If the department determines that a district used funds distributed pursuant to this division for purposes not permitted, it shall reduce the district's state basic aid payments for the ensuing fiscal year by the amount improperly used.

It is the intent of the General Assembly that moneys distributed pursuant to this section shall not be included in any spending base calculations when appropriations for the 1999-2000 biennium are being considered.

Sec. 50.52.10. (A) As used in this subsection:

(1) "Base formula amount" means the amount specified as such in a community school's financial plan for a school year pursuant to Subsection 5 of this section.

(2) "Cost-of-doing-business factor" has the same meaning as in section 3317.02 of the Revised Code.

(3) "IEP" means an individualized education program defined by division (E) of section 3323.01 of the Revised Code.

(4) "Actual AVERAGE COUNTY cost" means the actual cost, AVERAGED AMONG SCHOOL DISTRICTS WITHIN A COUNTY, of providing special education and related services to a special education student pursuant to an IEP in the school district where that student is entitled to attend school pursuant to sections 3313.64 and 3313.65 of the Revised Code SIMILARLY HANDICAPPED CHILDREN, as calculated in a manner acceptable to the Superintendent of Public Instruction.

(5) "Basic aid" means the amount computed for a district under divisions (A) and (C) of section 3317.022 of the Revised Code.

(6) "Guarantee funds" means any payments received by a school district pursuant to section 3317.0212 of the Revised Code.

(7) "Per pupil state funds" for a district means the figure obtained when the sum of the district's total annual basic aid payments plus guarantee funds is divided by the district's formula ADM as certified in section 3317.03 of the Revised Code.

(8) "Entitled to attend school in the district" means a student is entitled to attend school in a district pursuant to the provisions of section 3313.64 or 3313.65 of the Revised Code.

(B) The state board of education shall adopt rules requiring both of the following:

(1) The board of education of each city, exempted village, and local school district in the Lucas County area to annually report the number of students entitled to attend school in the district pursuant to section 3313.64 or 3313.65 of the Revised Code IN GRADES ONE THROUGH TWELVE, AND ONE-HALF OF THE KINDERGARTEN STUDENTS, who are enrolled in a community school established under this chapter SECTION and for each child, both of the following:

(a) The community school in which the child is enrolled. In addition, for each such child receiving special education and related services in a community school pursuant to an IEP the board shall report the actual AVERAGE COUNTY cost for such child.

(b) If the district receives disadvantaged pupil impact aid for the child pursuant to DIVISION (B) OR DIVISIONS (C) AND (E) OF section 3317.029 of the Revised Code, the amount received for such child.

(2) The governing authority of each community school established under this section to annually report the number of students IN GRADES ONE THROUGH TWELVE, AND ONE-HALF OF THE KINDERGARTEN STUDENTS, enrolled in kindergarten through grade twelve in the school who are not receiving special education and related services pursuant to an IEP, the number of enrolled students in kindergarten through grade GRADES ONE THROUGH twelve AND ONE-HALF OF THE KINDERGARTEN STUDENTS who are receiving special education and related services pursuant to an IEP, the number of enrolled preschool students counted in a unit approved by the State Board of Education under section 3317.05 of the Revised Code, the community school's base formula amount, and for each student, the city, exempted village, or local school district the student is entitled to attend under section 3313.64 or 3313.65 of the Revised Code.

(C) From the payments made to a city, exempted village, or local school district under Chapter 3317. and, if necessary, sections 321.14 and 323.156 of the Revised Code, the Department of Education shall annually subtract all of the following:

(1) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the number of the district's students reported under division (B)(2) of this subsection IN GRADES ONE THROUGH TWELVE, AND ONE-HALF OF THE KINDERGARTEN STUDENTS, who are enrolled in kindergarten through grade twelve in that community school and are not receiving special education and related services pursuant to an IEP is multiplied by the base formula amount of that community school as adjusted by the school district's cost-of-doing-business factor.

(2) The sum of the actual AVERAGE COUNTY costs for all district students reported under division (B)(2) of this subsection who are to be receiving special education and related services pursuant to an IEP in their respective community schools, less the sum of the prorated share for each such preschool handicapped student of any amounts received from state funded units or from any federal funds to provide special education and related services to students in kindergarten through grade twelve in the respective community schools. This prorated share of state unit funding or federal funds received for each such student shall be determined on the basis of all such funds received by a community school for students receiving similar services, as calculated in a manner acceptable to the Superintendent of Public Instruction.

(3) An amount equal to the sum of the amounts obtained when, for each community school where the district's students are enrolled, the number of the district's students enrolled in that community school and residing in the district in a family participating in Ohio works first under Chapter 5107. of the Revised Code is multiplied by the per pupil amount of disadvantaged pupil impact aid the school district receives that year under DIVISION (B) OR DIVISIONS (C) AND (E) OF section 3317.029 of the Revised Code.

(D) The Department shall annually pay to a community school, or to the Lucas County Educational Service Center on behalf of a start-up school for which the Service Center's Treasurer is the chief financial officer and custodian of its funds pursuant to subsection 12 of this section, all of the following:

(1) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school under section 3313.64 or 3313.65 of the Revised Code, the number of students enrolled in kindergarten GRADES ONE through grade twelve PLUS ONE-HALF OF THE KINDERGARTEN STUDENTS in the school as reported under division (B)(2) of this subsection who are not receiving special education and related services pursuant to an IEP is multiplied by the community school's base formula amount, as adjusted by that school district's cost-of-doing-business factor;

(2) For each student enrolled in the school receiving special education and related services pursuant to an IEP, an amount equal to the actual AVERAGE COUNTY cost for such student, less a prorated share for a preschool handicapped student of any amount received from state funded units or for any student, a prorated share of any federal funds to provide special education and related services to students in the community school. This prorated share shall be determined as described under division (C)(2) of this subsection.

(3) An amount equal to the sum of the amounts obtained when, for each school district where the community school's students are entitled to attend school under section 3313.64 or 3313.65 of the Revised Code, the number of that district's students enrolled in the community school and participating in Ohio works first is multiplied by the per pupil amount of disadvantaged pupil impact aid that school district receives that year under DIVISION (B) OR DIVISIONS (C) AND (E) OF section 3317.029 of the Revised Code.

(E) For purposes of counting students in average daily membership under section 3317.03 of the Revised Code, prior to the first day of classes each year in any community school established under this section, the parent, guardian, or custodian of each student who is enrolled or intends to enroll that year in the community school shall register the student's name and address with the superintendent of the school district in which the student is entitled to attend school. The superintendent shall include all such students in the district's average daily membership as if the students were enrolled during the first full week of October in that school year.

(F) During the first year of operation of a community school under this section, in addition to all other payments made to any school district in which a student enrolled in the community school is entitled to attend school pursuant to Chapter 3317. of the Revised Code, the Department of Education shall pay such school district for each student enrolled in the community school who is otherwise entitled to attend school in the district an amount equal to 50 per cent of the district's per pupil state funds.

(G) A community school may apply to the Department of Education for preschool handicapped or gifted unit funding the school would receive if it were a school district. Upon request of its governing authority, a community school that received unit funding as a school district-operated school before it was converted to a community school shall retain any units awarded to it as a school district-operated school, provided the school continues to meet eligibility standards for the unit.

A community school shall be considered a school district and its governing authority shall be considered a board of education for the purpose of applying to any state or federal agency for grants that a school district may receive under federal or state law or any appropriations act of the General Assembly. The governing authority of a community school may apply to any private entity for additional funds.

(H) A board of education sponsoring a community school may utilize local funds to make enhancement grants to the school or may agree, either as part of the contract or separately, to provide any specific services to the community school at no cost to the school.

(I) A community school may not levy taxes or issue bonds secured by tax revenues.

(J) No community school shall charge tuition for the enrollment of any student.

(K) A community school may borrow money to pay any necessary and actual expenses of the school in anticipation of the receipt of any portion of the payments to be received by the school pursuant to division (D) of this subsection. The school may issue notes to evidence such borrowing to mature no later than the end of the fiscal year in which such money was borrowed. The proceeds of the notes shall be used only for the purposes for which the anticipated receipts may be lawfully expended by the school.

(L) For purposes of determining the number of students for which division (D)(3) of this subsection applies in any school year, a community school may submit to the state Department of Human Services, no later than the first day of March, a list of the students enrolled in the school. For each student on the list, the community school shall indicate the student's name, address, and date of birth and the school district where the student is entitled to attend school under section 3313.64 or 3313.65 of the Revised Code. Upon receipt of a list under this division, the Department of Human Services shall determine, for each school district where one or more students on the list are entitled to attend school under section 3313.64 or 3313.65 of the Revised Code, the number of students residing in that school district who were included in the Department's report required by section 3317.10 of the Revised Code. The Department shall make this determination on the basis of information readily available to it. Upon making this determination and no later than ninety days after submission of the list by the community school, the Department shall report to the state Department of Education the number of students on the list who reside in each school district who were included in the Department's report made pursuant to section 3317.10 of the Revised Code. In complying with this division, the Department of Human Services shall not report to the state Department of Education any personally identifiable information on any student."


Section 8. That existing Sections 50, 50.07, 50.09, 50.10, 50.12, 50.13, 50.14, 50.24, and 50.52.10 of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 650 of the 122nd General Assembly, are hereby repealed.


Section 9. That Section 18 of Am. Sub. H.B. 650 of the 122nd General Assembly be amended to read as follows:

"Sec. 18. (A) As used in this section:

(1) "FY 1998 state aid" means the total amount of state money received by a school district under sections 3317.022, 3317.023, and 3317.025 to 3317.028 of the Revised Code, prior to any deductions or credits required by division (G), (I), (J), or (K) of section 3317.023, plus any amounts for which the district was eligible pursuant to divisions (K), (M), (N), and (O) of section 3317.024 and sections 3317.0212 and 3317.0213 of the Revised Code, as those divisions and sections existed in fiscal year 1998 AS REPORTED ON THE DEPARTMENT OF EDUCATION'S FORM "SF-12," ADJUSTED AS FOLLOWS:

(a) MINUS ANY AMOUNTS FOR APPROVED PRESCHOOL HANDICAPPED UNITS;

(b) MINUS ANY ADDITIONAL AMOUNT ATTRIBUTABLE TO THE REAPPRAISAL GUARANTEE OF DIVISION (C) OF SECTION 3317.04 OF THE REVISED CODE;

(c) PLUS THE AMOUNT DEDUCTED FOR PAYMENTS TO AN EDUCATIONAL SERVICE CENTER;

(d) PLUS AN ESTIMATED PORTION OF THE STATE MONEY DISTRIBUTED IN FISCAL YEAR 1998 TO OTHER SCHOOL DISTRICTS OR EDUCATIONAL SERVICE CENTERS FOR APPROVED UNITS, OTHER THAN PRESCHOOL HANDICAPPED OR GIFTED EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN THE DISTRICT;

(e) MINUS AN ESTIMATED PORTION OF THE STATE MONEY DISTRIBUTED TO THE SCHOOL DISTRICT IN FISCAL YEAR 1998 FOR APPROVED UNITS, OTHER THAN PRESCHOOL HANDICAPPED UNITS OR GIFTED EDUCATION UNITS, ATTRIBUTABLE TO THE COSTS OF PROVIDING SERVICES IN THOSE UNITS TO STUDENTS ENTITLED TO ATTEND SCHOOL IN ANOTHER SCHOOL DISTRICT;

(f) PLUS ANY ADDITIONAL AMOUNT PAID PURSUANT TO THE VOCATIONAL EDUCATION RECOMPUTATION REQUIRED BY FORMER SECTION 50.22 OF AM. SUB. H.B. NO. 215 OF THE 122nd GENERAL ASSEMBLY;

(g) PLUS ANY ADDITIONAL AMOUNT PAID PURSUANT TO THE SPECIAL EDUCATION RECOMPUTATION REQUIRED BY FORMER DIVISION (I) OF SECTION 3317.023 OF THE REVISED CODE;

(h) PLUS ANY AMOUNT PAID FOR EQUITY AID UNDER SECTION 3317.0213 OF THE REVISED CODE.

(2) "FY 1999 state aid," "FY 2000 state aid," "FY 2001 state aid," and "FY 2002 state aid" mean the total amount of state money a school district is eligible to receive for the applicable fiscal year under sections DIVISIONS (A), (C)(1), AND (D) OF SECTION 3317.022, 3317.023, AND SECTIONS 3317.025 to 3317.028, 3317.029, 3317.0212, and 3317.0213 of the Revised Code, plus any amount for which the district is eligible pursuant to division (Q)(C) OF SECTION 3317.023, DIVISIONS (G) AND (P) of section 1317.024, AND DIVISION (B) OF SECTION 3317.162 of the Revised Code, and prior to any deductions or credits required by division (B), (D), (E), (F), (G), (H), or (I), (J), OR (K) of section 3317.023 OR DIVISION (J) OF SECTION 3317.029 of the Revised Code, as those sections are enacted and amended by this act.

(3) "FY 1999 actual aid," "FY 2000 actual aid," "FY 2001 actual aid," and "FY 2002 actual aid" means the amount of the state aid described in division (A)(2) of this section that was actually paid to a school district in the applicable fiscal year after the application of divisions (B) to (E) of this section.

(4) "FY 1998 ADM" has the meaning prescribed in section 3317.0212 of the Revised Code.

(5) "Formula amount" has the meaning," "FORMULA ADM," AND "THREE-YEAR AVERAGE FORMULA ADM" HAVE THE MEANINGS prescribed in section 3317.02 of the Revised Code.

(5) "ALL-DAY KINDERGARTEN" HAS THE MEANING PRESCRIBED IN SECTION 3317.029 of the Revised Code.

(B) In fiscal year 1999, notwithstanding any provision of law to the contrary, no school district shall receive FY 1999 state aid that is equal to more than THE GREATER OF THE FOLLOWING:

(1) 110 per cent of FY 1998 state aid. If;

(2) [1.06 X (FY 1998 STATE AID/FY 1998 ADM] X THE GREATER OF FISCAL YEAR 1999 FORMULA ADM OR THREE-YEAR AVERAGE FORMULA ADM.

IF a district's projected FY 1999 state aid is more than 110 per cent of itsFY1998 state aid THE GREATER OF DIVISION (B)(1) OR (2) OF THIS SECTION, such district shall receive only 110 per cent of itsFY1998 state aid THE GREATER OF DIVISION (B)(1) OR (2) OF THIS SECTION in fiscal year 1999.

(C) In fiscal year 2000, notwithstanding any provision of law to the contrary, no school district shall receive FY 2000 state aid that is equal to more than THE GREATER OF THE FOLLOWING:

(1) 110 per cent of FY 1999 actual aid. If;

(2) [1.06 X (FY 1999 ACTUAL AID/FISCAL YEAR 1999 FORMULA ADM] X THE GREATER OF FISCAL YEAR 2000 FORMULA ADM OR THREE-YEAR AVERAGE FORMULA ADM.

IF a district's projected FY 2000 state aid is more than 110 per cent of itsFY1999 actual aid THE GREATER OF DIVISION (C)(1) OR (2) OF THIS SECTION, such district shall receive only 110 per cent of itsFY1999 actual aid THE GREATER OF DIVISION (C)(1) OR (2) OF THIS SECTION in fiscal year 2000.

(D) In fiscal year 2001, notwithstanding any provision of law to the contrary, no school district shall receive FY 2001 state aid that is equal to more than THE GREATER OF THE FOLLOWING:

(1) 110 per cent of FY 2000 actual aid. If;

(2) [1.06 X (FY 2000 ACTUAL AID/FISCAL YEAR 2000 FORMULA ADM] X THE GREATER OF FISCAL YEAR 2001 FORMULA ADM OR THREE-YEAR AVERAGE FORMULA ADM.

IF a district's projected FY 2001 state aid is more than 110 per cent of itsFY2000 actual aid THE GREATER OF DIVISION (D)(1) OR (2) OF THIS SECTION, such district shall receive only 110 per cent of itsFY2000 actual aid THE GREATER OF DIVISION (D)(1) OR (2) OF THIS SECTION in fiscal year 2001.

(E) In fiscal year 2002, notwithstanding any provision of law to the contrary, no school district shall receive FY 2002 state aid that is equal to more than THE GREATER OF THE FOLLOWING:

(1) 110 per cent of FY 2001 actual aid. If;

(2) [1.06 X (FY 2001 ACTUAL AID/FISCAL YEAR 2001 FORMULA ADM] X THE GREATER OF FISCAL YEAR 2002 FORMULA ADM OR THREE-YEAR AVERAGE FORMULA ADM.

IF a district's projected FY 2002 state aid is more than 110 per cent of itsFY2001 actual aid THE GREATER OF DIVISION (E)(1) OR (2) OF THIS SECTION, such district shall receive only 110 per cent of itsFY2001 actual aid THE GREATER OF DIVISION (E)(1) OR (2) OF THIS SECTION in fiscal year 2002.

(F) Notwithstanding any provision of law to the contrary:

(1) The amount by which a school district'sFY1999 actual aid exceeds itsFY1998 state aid is hereby deemed to first consist of the disadvantaged pupil impact aid (DPIA) calculated under section 3317.029 of the Revised Code. In fiscal year 1999, each district shall spend for the purposes set forth in section 3317.029 of the Revised Code at least the lesser of the amount calculated under that section or the amount by which itsFY1999 actual aid exceeds itsFY1998 state aid.

(2) The amount by which a school district'sFY2000 actual aid exceeds itsFY1999 actual aid is hereby deemed to first consist of theDPIAcalculated under section 3317.029 of the Revised Code. In fiscal year 2000, each district shall spend for the purposes set forth in section 3317.029 of the Revised Code at least the lesser of the amount calculated under that section or the amount by which itsFY2000 actual aid exceeds itsFY1999 actual aid.

(3) The amount by which a school district'sFY2001 actual aid exceeds itsFY2000 actual aid is hereby deemed to first consist of theDPIAcalculated under section 3317.029 of the Revised Code. In fiscal year 2001, each district shall spend for the purposes set forth in section 3317.029 of the Revised Code at least the lesser of the amount calculated under that section or the amount by which itsFY2001 actual aid exceeds itsFY2000 actual aid.

(4) The amount by which a school district'sFY2002 actual aid exceeds itsFY2001 actual aid is hereby deemed to first consist of theDPIAcalculated under section 3317.029 of the Revised Code. In fiscal year 2002, each district shall spend for the purposes set forth in section 3317.029 of the Revised Code at least the lesser of the amount calculated under that section or the amount by which itsFY2002 actual aid exceeds itsFY2001 actual aid.

(G)(1) In lieu of the limitation on the amount of aid a district may receive in fiscal year 1999 provided in division (B) of this section, the district may receive an amount calculated under the following formula, if such amount is greater than the amount provided in division (B) of this section:

1.06 times minus (the district'sFY1998 state aid/district'sFY1998ADM)> times the district'sFY1999 formulaADM

(2) In lieu of the limitation on the amount of aid a district may receive in fiscal year 2000 provided in division (C) of this section, the district may receive an amount calculated under the following formula, if such amount is greater than the amount provided in division (C) of this section:

1.06 times minus (the district'sFY1999 actual aid/district'sFY1999 formulaADM)> times the district'sFY2000 formulaADM

(3) In lieu of the limitation on the amount of aid a district may receive in fiscal year 2001 provided in division (D) of this section, the district may receive an amount calculated under the following formula, if such amount is greater than the amount provided in division (D) of this section:

1.06 times minus (the district'sFY2000 actual aid/district'sFY2000 formulaADM)> times the district'sFY2001 formulaADM

(4) In lieu of the limitation on the amount of aid a district may receive in fiscal year 2002 provided in division (E) of this section, the district may receive an amount calculated under the following formula, if such amount is greater than the amount provided in division (E) of this section:

1.06 times minus (the district'sFY2001 actual aid/district'sFY2001 formulaADM)> times the district'sFY2002 formulaADM THIS DIVISION AND DIVISION (G) OF THIS SECTION APPLY ONLY TO DISTRICTS SUBJECT TO DIVISION (F) OF SECTION 3317.029 of the Revised Code. AS USED IN THIS DIVISION AND DIVISION (G) OF THIS SECTION:

(1) "CAPPED DISTRICT" MEANS A DISTRICT THAT PURSUANT TO DIVISION (B), (C), (D), OR (E) OF THIS SECTION WILL NOT RECEIVE THE FULL AMOUNT OF FY 1999, FY 2000, FY 2001, OR FY 2002 STATE AID.

(2) "DPIA FUNDS" MEANS:

(a) IN FY 1998, THE AMOUNT CALCULATED FOR THE DISTRICT PURSUANT TO DIVISION (B) OF SECTION 3317.023 of the Revised Code AS IT EXISTED IN THAT FISCAL YEAR;

(b) IN ANY FISCAL YEAR AFTER FY 1998, THE TOTAL AMOUNT CALCULATED FOR THE DISTRICT FOR THAT FISCAL YEAR PURSUANT TO SECTION 3317.029 of the Revised Code.

(3) "EXEMPT DPIA PORTION" MEANS:

(a) IN THE CASE OF ANY DISTRICT OTHER THAN A CAPPED DISTRICT, AN AMOUNT EQUAL TO ZERO;

(b) IN THE CASE OF A CAPPED DISTRICT, THE AMOUNT RESULTING FROM THE APPLICATION OF THE FOLLOWING FORMULA:

(THE DISTRICT'S DPIA FUNDS FOR THE YEAR OF THE CALCULATION MINUS THE DISTRICT'S DPIA FUNDS FOR FY 1998) MINUS (THE DISTRICT'S ACTUAL AID FOR THE YEAR OF THE CALCULATION MINUS THE DISTRICT'S FY 98 STATE AID)

HOWEVER, IF THIS FORMULA PRODUCES A NEGATIVE NUMBER, THE DISTRICT'S EXEMPT DPIA PORTION IS ZERO.

(4) "REQUIRED ALL-DAY KINDERGARTEN" FOR A DISTRICT MEANS THE PROVISION OF ALL-DAY KINDERGARTEN TO THE NUMBER OF STUDENTS IN THE DISTRICT'S KINDERGARTEN PERCENTAGE SPECIFIED PURSUANT TO DIVISION (H)(1) OF SECTION 3317.029 of the Revised Code.

(G) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY:

(1) IN THE CASE OF ANY DISTRICT, THE DISTRICT'S DPIA FUNDS ARE HEREBY DEEMED TO FIRST CONSIST OF ANY DISADVANTAGED PUPIL IMPACT AID CALCULATED FOR THE DISTRICT FOR ALL-DAY KINDERGARTEN UNDER DIVISION (D) OF SECTION 3317.029 of the Revised Code, AND TO NEXT CONSIST OF ANY DISADVANTAGED PUPIL IMPACT AID CALCULATED FOR THE DISTRICT UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 of the Revised Code. EACH DISTRICT SHALL EXPEND WHATEVER FUNDS NECESSARY TO ENSURE PROVISION OF ITS REQUIRED ALL-DAY KINDERGARTEN.

(2) IN FY 1999, A DISTRICT SHALL EXPEND FOR THE PURPOSES OF SECTION 3317.029 of the Revised Code AN AMOUNT EQUAL TO AT LEAST TWENTY-FIVE PER CENT OF THE RESULTANT DERIVED FROM SUBTRACTING THE DISTRICT'S EXEMPT DPIA PORTION FROM THE AMOUNT CALCULATED FOR THE DISTRICT UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 of the Revised Code.

(3) IN FY 2000, A DISTRICT SHALL EXPEND FOR THE PURPOSES OF SECTION 3317.029 of the Revised Code AN AMOUNT EQUAL TO AT LEAST FIFTY PER CENT OF THE RESULTANT DERIVED FROM SUBTRACTING THE DISTRICT'S EXEMPT DPIA PORTION FROM THE AMOUNT CALCULATED FOR THE DISTRICT UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 of the Revised Code.

(4) IN FY 2001, A DISTRICT SHALL EXPEND FOR THE PURPOSES OF SECTION 3317.029 of the Revised Code AN AMOUNT EQUAL TO AT LEAST SEVENTY-FIVE PER CENT OF THE RESULTANT DERIVED FROM SUBTRACTING THE DISTRICT'S EXEMPT DPIA PORTION FROM THE AMOUNT CALCULATED FOR THE DISTRICT UNDER DIVISIONS (C) AND (E) OF SECTION 3317.029 of the Revised Code.

(5) IN FY 2002 AND THEREAFTER, A DISTRICT SHALL EXPEND ONE HUNDRED PER CENT OF ITS DPIA FUNDS FOR THE PURPOSES OF SECTION 3317.029 of the Revised Code.

(6) DISTRICTS SHALL COMPLY WITH THE REQUIREMENTS OF DIVISION (G) OF SECTION 3317.029 of the Revised Code."


Section 10. That existing Section 18 of Am. Sub. H.B. 650 of the 122nd General Assembly is hereby repealed.


Section 11. That Section 50.06 of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 182 and Am. Sub. H.B. 650 of the 122nd General Assembly, be amended to read as follows:

"Sec. 50.06. School Foundation Basic Allowance Base Cost Funding

Of the foregoing appropriation item 200-501, Base Cost Funding, up to $6,000,000 in each year of the biennium shall be expended by the State Board of Education for the extended service allowance which shall be the teachers' salaries pursuant to the schedule contained in section 3317.13 of the Revised Code, plus fifteen per cent for retirement and sick leave; up to $425,000 shall be expended in each year of the biennium for court payments pursuant to section 2151.357 of the Revised Code; up to $150,000 in each year of the biennium shall be expended pursuant to section 3313.64 of the Revised Code; THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL EXPEND IN FISCAL YEAR 1998 THE AMOUNT NECESSARY FOR THE PURPOSE OF MAKING PAYMENTS FOR THE VOCATIONAL EDUCATION PUPIL RECOMPUTATION PURSUANT TO DIVISION (M) OF SECTION 3317.024 OF THE REVISED CODE AND THE PROVISIONS UNDER THE SECTION HEADED "VOCATIONAL EDUCATION PUPIL RECOMPUTATION" IN AM. SUB. H.B. 215 OF THE122nd GENERAL ASSEMBLY AND THE SPECIAL EDUCATION PUPIL RECOMPUTATION PURSUANT TO DIVISION (I) OF SECTION 3317.023 OF THE REVISED CODE; up to $100,000 shall be expended in each year of the biennium for supplemental payments pursuant to the section headed "Supplemental Payment" of Am. Sub. H.B. 215 of the 122nd General Assembly; an amount shall be available each year of the biennium for the cost of the reappraisal guarantee pursuant to section 3317.04 of the Revised Code; up to $9,000,000 in each year of the biennium shall be reserved for payments pursuant to sections 3317.026, 3317.027, and 3317.028 of the Revised Code EXCEPT THAT THE CONTROLLING BOARD MAY INCREASE THE $9,000,000 AMOUNT IF PRESENTED WITH SUCH A REQUEST FROM THE DEPARTMENT OF EDUCATION. OF THE FOREGOING APPROPRIATION LINE ITEM 200-501, BASE COST FUNDING, UP TO $13,861,282 SHALL BE USED IN FISCAL YEAR 1999 TO PROVIDE ADDITIONAL STATE AID TO SCHOOL DISTRICTS FOR STUDENTS IN CATEGORY THREE SPECIAL EDUCATION ADM PURSUANT TO DIVISION (C)(4) OF SECTION 3317.022 of the Revised Code; up to $2,000,000 in each year of the biennium shall be reserved for Youth Services tuition payments pursuant to section 3317.024 of the Revised Code,; up to $1,300,000 in fiscal year 1998 and $1,300,000 in fiscal year 1999 for small district aid; for districts with an ADM of less than 100, in addition to other funds, an amount shall be paid equal to the amount above the actual fiscal year 1996 and 1997 amounts for basic aid, including any guarantee aid the district would have received in fiscal years 1996 and 1997 had the amendments to divisions (D) and (E) of section 3317.0212 of the Revised Code, as amended in Am. Sub. H.B. 215 of the 122nd General Assembly, been in effect; up to $500,000 in each fiscal year shall be used to make payments to school districts that lose enrollment due to the implementation of the community schools program pursuant to Am. Sub. H.B. 215 of the 122nd General Assembly; $500,000 shall be transferred each year by the Director of Budget and Management to appropriation item 200-422, School Management Assistance, to help the Department of Education administer, monitor, and implement the fiscal emergency and fiscal watch provisions under Chapter 3316. of the Revised Code. Up; UP to $45,330,000 in fiscal year 1998 and up to $47,795,600 in fiscal year 1999 shall be reserved to fund the state reimbursement of educational service centers pursuant to section 3317.11 of the Revised Code; and up to $1,260,000 in fiscal year 1998 shall be used by the Superintendent of Public Instruction to make incentive payments in any amounts the superintendent deems necessary to joint educational service centers established pursuant to section 3311.053 of the Revised Code. These supplemental payments may be made in fiscal year 1998 to defray the direct or indirect expenses of dissolving participating educational service centers. Each joint educational service center seeking a supplemental payment in fiscal year 1998 shall submit to the Superintendent of Public Instruction any documents and information that the Superintendent may require no later than December 31, 1997.

Notwithstanding any contrary provision of section 3313.843 or 3317.11 of the Revised Code as amended by Amended Substitute House Bill No. 650 of the 122nd general assembly GENERAL ASSEMBLY, students receiving special education programs or related services in fiscal year 1998 through a state-funded special education classroom unit or a state-funded special education related services unit operated by an educational service center shall receive that program or those services from that educational service center in fiscal year 1999 through a contract entered into between the educational service center and the students' school district of enrollment unless the service center and district mutually agree that it is in the best interests of students to provide the program or services in a different manner. The contract for fiscal year 1999 shall provide for payment to the service center by the students' school district of enrollment for the program or services provided by the service center. If the service center and school district fail to agree on a payment amount for the students, they shall notify the department of education and the department shall determine the amount to be paid. If the service center and the district disagree that it is in the best interests of students to have the students receive the program or services in fiscal year 1999 from the service center, the district or service center shall notify the department of education and, prior to March 31, 1998, the department shall determine what manner of program or services in fiscal year 1999 is in the best interests of the students.

Of the foregoing appropriation item 200-501, Base Cost Funding, up to $1,000,000 in each fiscal year shall be used by the Department of Education for a pilot program to pay for educational services for youth who have been assigned by a juvenile court or other authorized agency to any of the facilities described in division (A) of the section titled "Private Treatment Facility Pilot Project."

The remaining portion of this appropriation item shall be expended for base cost funding for the public schools of city, local, and exempted village school districts pursuant to divisions (A) and (C) of section 3317.022 of the Revised Code. Any amounts which were encumbered in fiscal year 1997 by the Department of Education from appropriation item 200-501, School Foundation Basic Allowance, for any of the uses described in Section 45.05 of Am. Sub. H.B. 117 of the 121st General Assembly, but which, on the effective date of this amendment of this section, remain unexpended, may be used by the Department of Education to make payments for the purposes of sections 3317.027 and 3317.028 of the Revised Code in excess of the amounts specified in Section 45.05 of Am. Sub. H.B. 117 of the 121st General Assembly, for fiscal year 1997 obligations pursuant to sections 3317.027 and 3317.028 of the Revised Code."


Section 12. That existing Section 50.06 of Am. Sub. H.B. 215 of the 122nd General Assembly, as amended by Am. Sub. H.B. 182 and Am. Sub. H.B. 650 of the 122nd General Assembly, is hereby repealed.


Section 13. The enactment by this act of R.C. 3345.122 is intended to confirm the enactment of the section by Am. Sub. H.B. 215 of the 122nd General Assembly, the biennial operating budget measure. The Statement of the Reasons for the Veto of Items in Amended Substitute House Bill 215, Item Number Three, states that the Governor disapproved the enactment of the section, R.C. 3345.182, that immediately follows R.C. 3345.122 in Am. Sub. H.B. 215. In boxing R.C. 3345.182 to indicate this disapproval, however, the Governor also boxed R.C. 3345.122. The Statement of the Reasons for the Veto of Items, Item Number Three, indicates no intention to disapprove R.C. 3345.122. And neither do the Governor's disapprovals in the enacting clauses of the title and Section 1 of Am. Sub. H.B. 215, where the Governor boxed the intention to enact R.C. 3345.182, but not the intention to enact R.C. 3345.122.

This section is subject to the referendum.


Section 14. Section 5733.04 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act.


Section 15. Section 5747.01 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act.


Section 16. Except as otherwise specifically provided in this act, the codified and uncodified sections of law contained in this act, and the items of law of which the codified and uncodified sections of law contained in this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the codified and uncodified sections and items of law contained in this act, except as otherwise specifically provided in this act, go into immediate effect when this act becomes law.


Section 17. Sections 3313.646, 3313.841, 3313.842, 3313.98, 3314.03, 3314.07, 3314.08, 3314.12, 3314.13, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0212, 3317.0213, 3317.0214, 3317.0215, 3317.0216, 3317.03, 3317.05, 3317.051, 3317.06, 3317.082, 3317.10, 3317.11, 3317.161, 3317.19, 3318.06, 3318.08, 3318.10, 3323.091, and 3323.12 of the Revised Code and Section 50.11 of Am. Sub. H.B. 215 of the 122nd General Assembly (renumbered as section 3317.162 of the Revised Code), as contained in this act, and the items of law of which such sections as contained in this act are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, such sections and items of law are entitled to go into immediate effect when this act becomes law. However, such sections and items of law take effect on July 1, 1998, or the day this act becomes law, whichever is later.


Section 18. Sections 101.34, 101.70, 101.71, 101.72, 101.73, 101.74, 101.75, 101.77, 101.78, 101.79, 121.60, 121.61, 121.62, 121.63, 121.64, 121.65, 121.68, 121.69, 126.14, 131.35, 133.06, 715.013, 718.01, 3315.171, 3315.181, 3345.122, 3704.14, 3734.57, 3734.82, 4123.40, 4701.10, 4701.20, 4743.05, 4745.01, 4981.091, 5711.22, 5733.04, 5733.05, 5733.057, 5733.058, 5733.0611, 5733.12, 5733.40, 5733.401, 5733.402, 5733.98, 5747.01, 5747.08, 5747.401, 5747.43, 5747.98, and 5907.15 of the Revised Code, as contained in this act, and the items of law of which such sections as contained in this act are composed, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, such sections and items of law take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such section or item of law, the section or item of law, unless rejected at the referendum, takes effect at the earliest time permitted by law.


Section 19. The repeal of section 5747.452 of the Revised Code is subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the repeal takes effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against the repeal, the repeal, unless rejected at the referendum, takes effect at the earliest time permitted by law.


Section 20. Uncodified sections of law contained in this act, and items of law contained within the uncodified sections of law contained in this act, that explicitly state they are subject to the referendum are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the uncodified sections and items of law that explicitly state they are subject to the referendum take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against an uncodified section or item of law that explicitly states it is subject to the referendum, the uncodified section or item of law, unless rejected at the referendum, takes effect at the earliest time permitted by law.

This section defines the effect of an uncodified section or item of law explicitly stating that it is subject to the referendum, but this section is not itself to be considered explicitly to state that it is subject to the referendum.