SENATORS White, Jacobson, Spada, Amstutz, Johnson, Carnes, Harris, Mead, Hottinger, Coughlin, R. A. Gardner, Blessing, Wachtmann, Mumper

To amend sections 9.03, 9.06, 9.821, 9.822, 101.15,

1

101.27, 101.30, 101.311, 101.34, 101.37, 101.72,

2

101.73, 102.02, 102.03, 102.031, 102.06, 103.143,

3

105.41, 107.10, 111.16, 111.18, 111.23, 111.25,

4

118.08, 120.06, 120.16, 120.26, 120.33, 121.40,

5

121.63, 122.011, 122.71, 122.76, 122.92, 124.24,

6

124.82, 125.22, 126.11, 126.21, 127.16, 131.01,

7

133.021, 133.06, 133.07, 135.80, 135.81, 135.82,

8

135.83, 135.84, 135.85, 135.86, 135.87, 140.01,

9

145.01, 145.33, 147.01, 147.02, 147.03, 147.05,

10

147.06, 147.13, 147.14, 147.37, 147.371, 151.04,

11

166.03, 169.01, 173.35, 173.40, 173.46, 173.47,

12

175.03, 175.21, 175.22, 175.24, 179.02, 179.03,

13

179.04, 181.51, 181.52, 181.54, 181.55, 181.56,

14

183.09, 183.10, 183.17, 183.28, 183.30, 301.27,

15

307.86, 313.091, 325.071, 329.04, 329.042, 339.05,

16

340.02, 340.03, 340.08, 340.091, 349.01, 503.162,

17

504.03, 504.04, 505.24, 507.09, 737.03, 901.43,

18

901.63, 901.81, 901.82, 917.07, 917.99, 1309.40,

19

1309.401, 1309.402, 1309.42, 1329.01, 1329.04,

20

1329.06, 1329.07, 1329.42, 1329.421, 1329.45,

21

1329.56, 1329.58, 1329.60, 1329.601, 1345.21,

22

1501.01, 1501.23, 1501.40, 1503.011, 1507.01,

23

1509.06, 1509.071, 1509.08, 1509.11, 1509.23,

24

1513.05, 1513.13, 1513.14, 1514.11, 1517,05,

25

1517.06, 1517.07, 1521.04, 1531.35, 1533.13,

26

1547.67, 1561.05, 1561.07, 1561.11, 1561.12,

27

1561.13, 1561.14, 1561.15, 1561.16, 1561.17,

28

1561.18, 1561.19, 1561.20, 1561.21, 1561.22,

29

1561.23, 1561.26, 1561.35, 1561.351, 1561.46,

30

1561.51, 1561.52, 1563.13, 1565.04, 1565.06,

31

1565.07, 1565.08, 1565.25, 1701.05, 1701.07,

32

1701.81, 1702.05, 1702.06, 1702.43, 1702.59,

33

1703.04, 1703.041, 1703.15, 1703.17, 1703.27,

34

1703.31, 1705.05, 1705.06, 1705.38, 1705.55,

35

1746.04, 1746.06, 1746.15, 1747.03, 1747.04,

36

1747.10, 1775.63, 1775.64, 1782.04, 1782.08,

37

1782.09, 1782.433, 1785.06, 1901.26, 1907.24,

38

2303.201, 2317.02, 2317.022, 2329.66, 2715.041,

39

2715.045, 2716.13, 2919.271, 2921.13, 2953.21,

40

3109.14, 3119.022, 3301.075, 3301.70, 3301.80,

41

3301.85, 3307.05, 3311.057, 3313.201, 3313.37,

42

3313.41, 3313.603, 3313.64, 3314.07, 3314.08,

43

3314.09, 3316.20, 3317.01, 3317.012, 3317.013,

44

3317.014, 3317.02, 3317.021, 3317.022, 3317.023,

45

3317.024, 3317.029, 3317.0210, 3317.0212,

46

3317.0213, 3317.0216, 3317.03, 3317.05, 3317.051,

47

3317.06, 3317.064, 3317.10, 3317.11, 3317.13,

48

3317.16, 3317.161, 3317.162, 3317.19, 3317.20,

49

3318.01, 3318.04, 3318.05, 3318.053, 3318.06,

50

3318.08, 3318.10, 3318.12, 3318.31, 3318.36,

51

3318.362, 3318.37, 3318.38, 3319.19, 3321.01,

52

3323.09, 3323.091, 3327.10, 3333.02, 3333.03,

53

3333.043, 3333.12, 3333.13, 3333.21, 3333.22,

54

3345.05, 3345.19, 3353.07, 3383.01, 3383.02,

55

3383.04, 3383.07, 3505.063, 3701.04, 3701.142,

56

3701.77, 3701.771, 3701.772, 3702.68, 3704.034,

57

3721.10, 3721.12, 3721.13, 3721.15, 3721.16,

58

3721.17, 3721.51, 3721.56, 3722.01, 3722.15,

59

3722.16, 3734.28, 3734.57, 3734.82, 3734.901,

60

3734.904, 3735.27, 3745.014, 3745.04, 3745.11,

61

3745.22, 3750.02, 3750.13, 3769.08, 3769.085,

62

3769.087, 3769.20, 3770.06, 3773.56, 3793.04,

63

3902.23, 3923.28, 3923.29, 3923.30, 4105.17,

64

4115.10, 4121.44, 4123.27, 4301.12, 4301.17,

65

4301.24, 4301.422, 4301.43, 4303.33, 4303.331,

66

4503.10, 4503.102, 4503.12, 4503.182, 4504.05,

67

4505.061, 4506.08, 4507.23, 4507.24, 4507.50,

68

4507.52, 4511.81, 4519.03, 4519.10, 4519.56,

69

4519.69, 4701.10, 4701.16, 4707.01, 4707.011,

70

4707.02, 4707.03, 4707.04, 4707.05, 4707.06,

71

4707.07, 4707.071, 4707.072, 4707.08, 4707.09,

72

4707.10, 4707.11, 4707.111, 4707.12, 4707.13,

73

4707.15, 4707.152, 4707.16, 4707.19, 4707.20,

74

4707.21, 4707.23, 4707.99, 4713.10, 4715.03,

75

4715.13, 4715.14, 4715.16, 4715.21, 4715.24,

76

4715.27, 4717.02, 4717.07, 4717.08, 4717.09,

77

4723.08, 4723.32, 4723.79, 4725.44, 4725.48,

78

4725.49, 4731.14, 4731.281, 4731.53, 4734.20,

79

4736.12, 4736.14, 4743.05, 4755.01, 4761.05,

80

4775.01, 4775.02, 4775.08, 4775.99, 4779.01,

81

4779.02, 4779.16, 4779.19, 4779.20, 4779.26,

82

4911.17, 4921.18, 4923.11, 5101.071, 5101.14,

83

5101.141, 5101.145, 5101.184, 5101.19, 5101.35,

84

5101.36, 5101.50, 5101.521, 5101.54, 5101.80,

85

5101.83, 5101.85, 5101.853, 5101.854, 5103.031,

86

5103.033, 5103.036, 5103.0312, 5103.0313,

87

5103.0314, 5103.0316, 5103.07, 5104.32, 5104.341,

88

5107.02, 5107.10, 5107.14, 5107.18, 5108.01,

89

5108.06, 5108.07, 5108.08, 5108.09, 5108.10,

90

5111.01, 5111.022, 5111.041, 5111.17, 5111.22,

91

5111.231, 5111.25, 5111.251, 5111.262, 5111.28,

92

5111.29, 5111.87, 5119.01, 5119.06, 5119.22,

93

5119.61, 5122.31, 5123.01, 5123.041, 5123.043,

94

5123.082, 5123.60, 5123.71, 5123.76, 5126.01,

95

5126.041, 5126.042, 5126.05, 5126.051, 5126.053,

96

5126.06, 5126.071, 5126.08, 5126.11, 5126.12,

97

5126.15, 5126.16, 5126.18, 5126.19, 5126.20,

98

5126.22, 5126.25, 5126.31, 5126.311, 5126.32,

99

5126.357, 5126.431, 5139.01, 5139.11, 5139.29,

100

5139.31, 5153.16, 5153.165, 5153.60, 5153.69,

101

5153.78, 5703.17, 5703.49, 5705.091, 5705.19,

102

5705.41, 5705.44, 5709.17, 5711.33, 5721.30,

103

5725.31, 5727.25, 5727.26, 5727.81, 5727.811,

104

5727.82, 5727.84, 5727.85, 5727.86, 5727.87,

105

5728.08, 5729.07, 5731.21, 5733.02, 5733.021,

106

5733.053, 5733.056, 5733.06, 5733.12, 5733.122,

107

5733.18, 5733.351, 5733.401, 5733.42, 5735.06,

108

5735.061, 5739.01, 5739.02, 5739.024, 5739.032,

109

5739.07, 5739.102, 5739.12, 5739.121, 5739.13,

110

5739.18, 5741.10, 5741.12, 5743.62, 5743.63,

111

5745.03, 5745.04, 5747.122, 5747.221, 5747.39,

112

5749.06, 6109.13, 6109.21, 6111.035, and

113

6111.044; to amend, for the purpose of adopting

114

new section numbers as indicated in parentheses,

115

sections 3317.161 (3317.052), 3317.162 (3317.053),

116

5101.19 (329.19), 5101.071 (5101.251), 5101.853

117

(5101.851), 5101.854 (5101.853), 5108.06

118

(5108.03), 5108.07 (5108.05), 5108.08 (5108.06),

119

and 5111.87 (5111.871); to enact new sections

120

3318.052, 5101.852, 5108.07, 5108.08, 5111.34,

121

5111.87, and 5126.054 and sections 101.302,

122

101.303, 101.691, 103.33, 107.24, 340.16, 504.21,

123

1502.12, 1513.10, 1521.19, 3125.18, 3302.041,

124

3303.01, 3305.061, 3311.058, 3311.062, 3314.072,

125

3314.091, 3317.0217, 3318.042, 3318.051, 3318.086,

126

3318.363, 3318.50, 3318.51, 3318.52, 3353.11,

127

3383.09, 3701.61, 3701.92, 3704.143, 3721.161,

128

3721.162, 3734.821, 3745.10, 3745.15, 3750.081,

129

4117.102, 4503.034, 4504.051, 4715.031, 4723.062,

130

4731.573, 4771.22, 4905.87, 5101.5110, 5101.801,

131

5101.821, 5111.0110, 5111.042, 5111.081, 5111.171,

132

5111.63, 5111.85, 5111.86, 5111.872, 5111.873,

133

5119.611, 5119.612, 5123.044, 5123.045, 5123.046,

134

5123.047, 5123.048, 5123.049, 5123.0410,

135

5123.0411, 5123.0412, 5123.0413, 5126.035,

136

5126.036, 5126.046, 5126.055, 5126.056,

137

5126.14, 5126.221, 5126.313, 5139.87, and 5153.06;

138

to contingently enact section 1309.525; and to

139

repeal sections 9.832, 103.31, 103.32, 105.45,

140

105.46, 121.51, 121.52, 121.53, 131.41, 166.032,

141

307.031, 1329.68, 1503.35, 1503.351, 1507.12,

142

1561.10, 1561.53, 1561.54, 1561.55, 2151.652,

143

3317.0215, 3318.052, 3318.055, 3318.061, 3318.081,

144

3318.13, 3318.14, 3318.17, 3318.361, 3701.88,

145

3702.17, 3729.01, 3729.02, 3729.03, 3729.05,

146

3729.10, 3729.11, 3729.12, 3729.14, 3729.15,

147

3729.16, 3729.17, 3729.18, 3729.21, 3729.22,

148

3729.23, 3729.24, 3729.26, 3729.29, 3729.36,

149

3729.40, 3729.41, 3729.43, 3729.45, 3729.46,

150

3729.55, 3729.61, 3729.99, 5101.143, 5101.52,

151

5101.541, 5101.542, 5101.543, 5101.851, 5101.852,

152

5111.34, 5111.341, 5111.88, 5126.054, 5139.28,

153

and 5741.18 of the Revised Code; to amend the

154

versions of sections 5139.29, 5139.31, and 5705.19

155

and to repeal the version of section 2151.652 of

156

the Revised Code that are scheduled to take effect

157

January 1, 2002; and to amend the versions of

158

sections 5139.01 and 5139.11 of the Revised Code

159

that are scheduled to take effect January 1, 2002,

160

and to amend Section 153 of Am. Sub. H.B. 117 of

161

the 121st General Assembly, as subsequently

162

amended; to amend Section 3 of Am. Sub. H.B. 440

163

of the 121st General Assembly, as subsequently

164

amended; to amend Section 5 of Am. Sub. S.B. 50 of

165

the 121st General Assembly, as subsequently

166

amended; to amend Section 3 of Am. Sub. H.B. 215

167

of the 122nd General Assembly, as subsequently

168

amended; to amend Section 3 of Am. Sub. H.B. 621

169

of the 122nd General Assembly, as subsequently

170

amended; to amend Sections 6.02, 9, 21.01, and 23

171

of Am. Sub. H.B. 640 of the 123rd General

172

Assembly; to amend Sections 6.01 and 18 of Am.

173

Sub. H.B. 640 of the 123rd General Assembly, as

174

subsequently amended; to amend Section 9 of Am.

175

Sub. S.B. 192 of the 123rd General Assembly; to

176

amend Section 18 of Am. Sub. S.B. 192 of the 123rd

177

General Assembly, as subsequently amended; to

178

amend Section 4 of Am. S.B. 210 of the 123rd

179

General Assembly; to amend Sections 9a and 28.43

180

of Sub. S.B. 245 of the 123rd General Assembly; to

181

amend Section 129 of Am. Sub. H.B. 283 of the

182

123rd General Assembly; to amend Section 1 of Sub.

183

H.B. 574 of the 123rd General Assembly; to amend

184

Sections 10 and 13 of Am. Sub. S.B. 287 of the

185

123rd General Assembly; to repeal Section 4 of Am.

186

Sub. H.B. 478 of the 119th General Assembly, as

187

subsequently amended; to repeal Section 18 of Am.

188

Sub. H.B. 650 of the 122nd General Assembly, as

189

subsequently amended; to repeal Section 17 of Am.

190

Sub. H.B. 282 of the 123rd General Assembly, as

191

subsequently amended; to repeal Section 180 of Am

192

Sub. H.B. 283 of the 123rd General Assembly; to

193

repeal Section 9 of Sub. S.B. 245 of the 123rd

194

General Assembly; to repeal Section 15 of Am. Sub.

195

S.B. 287 of the 123rd General Assembly; and to

196

repeal Section 201 of this act on January 16,

197

2002, to make operating appropriations for the

198

biennium beginning July 1, 2001, and ending June

199

30, 2003, to provide authorization and conditions

200

for the operation of state programs, to amend

201

sections 1517.05, 1517.06, and 1517.07 of the

202

Revised Code effective two years after their

203

effective date in this act to terminiate certain

204

amendments made to those sections by this act, and

205

to provide that the provisions of this act

206

relative to the practices of orthotics,

207

prosthetics, and pedorthics terminate on December

208

31, 2004, when sections 4779.01, 4779.02, 4779.16,

209

4779.19, 4779.20, and 4779.26 of the Revised Code

210

are repealed on that date.

211

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

Section 1. That sections 9.03, 9.06, 9.821, 9.822, 101.15,	212
101.27, 101.30, 101.311, 101.34, 101.37, 101.72, 101.73, 102.02,	213
102.03, 102.031, 102.06, 103.143, 105.41, 107.10, 111.16, 111.18,	214
111.23, 111.25, 118.08, 120.06, 120.16, 120.26, 120.33, 121.40,	215
121.63, 122.011, 122.71, 122.76, 122.92, 124.24, 124.82, 125.22,	216
126.11, 126.21, 127.16, 131.01, 133.021, 133.06, 133.07, 135.80,	217
135.81, 135.82, 135.83, 135.84, 135.85, 135.86, 135.87, 140.01,	218
145.01, 145.33, 147.01, 147.02, 147.03, 147.05, 147.06, 147.13,	219
147.14, 147.37, 147.371, 151.04, 166.03, 169.01, 173.35, 173.40,	220
173.46, 173.47, 175.03, 175.21, 175.22, 175.24, 179.02, 179.03,	221
179.04, 181.51, 181.52, 181.54, 181.55, 181.56, 183.09, 183.10,	222
183.17, 183.28, 183.30, 301.27, 307.86, 313.091, 325.071, 329.04,	223
329.042, 339.05, 340.02, 340.03, 340.08, 340.091, 349.01, 503.162,	224
504.03, 504.04, 505.24, 507.09, 737.03, 901.43, 901.63, 901.81,	225
901.82, 917.07, 917.99, 1309.40, 1309.401, 1309.402, 1309.42,	226
1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 1329.421, 1329.45,	227
1329.56, 1329.58, 1329.60, 1329.601, 1345.21, 1501.01, 1501.23,	228
1501.40, 1503.011, 1507.01, 1509.06, 1509.071, 1509.08, 1509.11,	229
1509.23, 1513.05, 1513.13, 1513.14, 1514.11, 1517.05, 1517.06,	230
1517.07, 1521.04, 1531.35, 1533.13, 1547.67, 1561.05, 1561.07,	231
1561.11, 1561.12, 1561.13, 1561.14, 1561.15, 1561.16, 1561.17,	232
1561.18, 1561.19, 1561.20, 1561.21, 1561.22, 1561.23, 1561.26,	233
1561.35, 1561.351, 1561.46, 1561.51, 1561.52, 1563.13, 1565.04,	234
1565.06, 1565.07, 1565.08, 1565.25, 1701.05, 1701.07, 1701.81,	235
1702.05, 1702.06, 1702.43, 1702.59, 1703.04, 1703.041, 1703.15,	236
1703.17, 1703.27, 1703.31, 1705.05, 1705.06, 1705.38, 1705.55,	237
1746.04, 1746.06, 1746.15, 1747.03, 1747.04, 1747.10, 1775.63,	238
1775.64, 1782.04, 1782.08, 1782.09, 1782.433, 1785.06, 1901.26,	239
1907.24, 2303.201, 2317.02, 2317.022, 2329.66, 2715.041,	240
2715.045, 2716.13, 2919.271, 2921.13, 2953.21, 3109.14,	241
3119.022, 3301.075, 3301.70, 3301.80, 3301.85, 3307.05, 3311.057,	242
3313.201, 3313.37, 3313.41, 3313.603, 3313.64, 3314.07, 3314.08,	243
3314.09, 3316.20, 3317.01, 3317.012, 3317.013, 3317.014, 3317.02,	244
3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0210,	245
3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05, 3317.051,	246
3317.06, 3317.064, 3317.10, 3317.11, 3317.13, 3317.16, 3317.161,	247
3317.162, 3317.19, 3317.20, 3318.01, 3318.04, 3318.05, 3318.053,	248
3318.06, 3318.08, 3318.10, 3318.12, 3318.31, 3318.36, 3318.362,	249
3318.37, 3318.38, 3319.19, 3321.01, 3323.09, 3323.091, 3327.10,	250
3333.02, 3333.03, 3333.043, 3333.12, 3333.13, 3333.21, 3333.22,	251
3345.05, 3345.19, 3353.07, 3383.01, 3383.02, 3383.04, 3383.07,	252
3505.063, 3701.04, 3701.142, 3701.77, 3701.771, 3701.772,	253
3702.68, 3704.034, 3721.10, 3721.12, 3721.13, 3721.15, 3721.16,	254
3721.17, 3721.51, 3721.56, 3722.01, 3722.15, 3722.16, 3734.28,	255
3734.57, 3734.82, 3734.901, 3734.904, 3735.27, 3745.014, 3745.04,	256
3745.11, 3745.22, 3750.02, 3750.13, 3769.08, 3769.085, 3769.087,	257
3769.20, 3770.06, 3773.56, 3793.04, 3902.23, 3923.28, 3923.29,	258
3923.30, 4105.17, 4115.10, 4121.44, 4123.27, 4301.12, 4301.17,	259
4301.24, 4301.422, 4301.43, 4303.33, 4303.331, 4503.10, 4503.102,	260
4503.12, 4503.182, 4504.05, 4505.061, 4506.08, 4507.23, 4507.24,	261
4507.50, 4507.52, 4511.81, 4519.03, 4519.10, 4519.56, 4519.69,	262
4701.10, 4701.16, 4707.01, 4707.011, 4707.02, 4707.03, 4707.04,	263
4707.05, 4707.06, 4707.07, 4707.071, 4707.072, 4707.08, 4707.09,	264
4707.10, 4707.11, 4707.111, 4707.12, 4707.13, 4707.15, 4707.152,	265
4707.16, 4707.19, 4707.20, 4707.21, 4707.23, 4707.99, 4713.10,	266
4715.03, 4715.13, 4715.14, 4715.16, 4715.21, 4715.24, 4715.27,	267
4717.02, 4717.07, 4717.08, 4717.09, 4723.08, 4723.32, 4723.79,	268
4725.44, 4725.48, 4725.49, 4731.14, 4731.281, 4731.53, 4734.20,	269
4736.12, 4736.14, 4743.05, 4755.01, 4761.05, 4775.01, 4775.02,	270
4775.08, 4775.99, 4779.01, 4779.02, 4779.16, 4779.19, 4779.20,	271
4779.26, 4911.17, 4921.18, 4923.11, 5101.071, 5101.14, 5101.141,	272
5101.145, 5101.184, 5101.19, 5101.35, 5101.36, 5101.50, 5101.521,	273
5101.54, 5101.80, 5101.83, 5101.85, 5101.853, 5101.854, 5103.031,	274
5103.033, 5103.036, 5103.0312, 5103.0313, 5103.0314, 5103.0316,	275
5103.07, 5104.32, 5104.341, 5107.02, 5107.10, 5107.14, 5107.18,	276
5108.01, 5108.06, 5108.07, 5108.08, 5108.09, 5108.10, 5111.01,	277
5111.022, 5111.041, 5111.17, 5111.22, 5111.231, 5111.25,	278
5111.251, 5111.262, 5111.28, 5111.29, 5111.87, 5119.01, 5119.06,	279
5119.22, 5119.61, 5122.31, 5123.01, 5123.041, 5123.043,	280
5123.082, 5123.60, 5123.71, 5123.76, 5126.01, 5126.041, 5126.042,	281
5126.05, 5126.051, 5126.053, 5126.06, 5126.071, 5126.08, 5126.11,	282
5126.12, 5126.15, 5126.16, 5126.18, 5126.19, 5126.20, 5126.22,	283
5126.25, 5126.31, 5126.311, 5126.32, 5126.357, 5126.431, 5139.01,	284
5139.11, 5139.29, 5139.31, 5153.16, 5153.165, 5153.60, 5153.69,	285
5153.78, 5703.17, 5703.49, 5705.091, 5705.19, 5705.41, 5705.44,	286
5709.17, 5711.33, 5721.30, 5725.31, 5727.25, 5727.26, 5727.81,	287
5727.811, 5727.82, 5727.84, 5727.85, 5727.86, 5727.87, 5728.08,	288
5729.07, 5731.21, 5733.02, 5733.021, 5733.053, 5733.056, 5733.06,	289
5733.12, 5733.122, 5733.18, 5733.351, 5733.401, 5733.42, 5735.06,	290
5735.061, 5739.01, 5739.02, 5739.024, 5739.032, 5739.07, 5739.102,	291
5739.12, 5739.121, 5739.13, 5739.18, 5741.10, 5741.12, 5743.62,	292
5743.63, 5745.03, 5745.04, 5747.122, 5747.221, 5747.39, 5749.06,	293
6109.13, 6109.21, 6111.035, and 6111.044 be amended; sections	294
3317.161 (3317.052), 3317.162 (3317.053), 5101.19 (329.19),	295
5101.071 (5101.251), 5101.853 (5101.851), 5101.854 (5101.853),	296
5108.06 (5108.03), 5108.07 (5108.05), 5108.08 (5108.06), and	297
5111.87 (5111.871) be amended for the purpose of adopting new	298
section numbers as indicated in parentheses; new sections	299
3318.052, 5101.852, 5108.07, 5108.08, 5111.34, 5111.87, and	300
5126.054 and sections 101.302, 101.303, 101.691, 103.33, 107.24,	301
340.16, 504.21, 1502.12, 1513.10, 1521.19, 3125.18, 3302.041,	302
3303.01, 3305.061, 3311.058, 3311.062, 3314.072, 3314.091,	303
3317.0217, 3318.042, 3318.051, 3318.086, 3318.363, 3318.50,	304
3318.51, 3318.52, 3353.11, 3383.09, 3701.61, 3701.92, 3704.143,	305
3721.161, 3721.162, 3734.821, 3745.10, 3745.15, 3750.081,	306
4117.102, 4503.034, 4504.051, 4715.031, 4723.062, 4731.573,	307
4771.22, 4905.87, 5101.5110, 5101.801, 5101.821, 5111.0110,	308
5111.042, 5111.081, 5111.171, 5111.63, 5111.85, 5111.86,	309
5111.872, 5111.873, 5119.611, 5119.612, 5123.044, 5123.045,	310
5123.046, 5123.047, 5123.048, 5123.049, 5123.0410, 5123.0411,	311
5123.0412, 5123.0413, 5126.035, 5126.036, 5126.046, 5126.055,	312
5126.056, 5126.14, 5126.221, 5126.313, 5139.87, and 5153.06 be	313
enacted; and section 1309.525 of the Revised Code contingently be	314
enacted to read as follows:	315

Sec. 9.03.  (A) As used in this section, "political	316
subdivision" means any body corporate and politic, except a	317
municipal corporation that has adopted a charter under Section 7	318
of Article XVIII, Ohio Constitution, and except a county that has	319
adopted a charter under Sections 3 and 4 of Article X, Ohio	320
Constitution, to which both of the following apply:	321

(1) It is responsible for governmental activities only in a	322
geographic area smaller than the state.	323

(2) It is subject to the sovereign immunity of the state.

324

(B) Except as otherwise provided in division (C) of this	325
section, the governing body of a political subdivision may use	326
public funds to publish and distribute newsletters, or to use any	327
other means, to communicate information about the plans, policies,	328
and operations of the political subdivision to members of the	329
public within the political subdivision and to other persons who	330
may be affected by the political subdivision.	331

(C) Except as otherwise provided in division (A)(5)(7) of	332
section 340.03 or division (A)(12) of section 340.033 of the	333
Revised Code, no governing body of a political subdivision shall	334
use public funds to do any of the following:	335

(1) Publish, distribute, or otherwise communicate	336
information that does any of the following:	337

(a) Contains defamatory, libelous, or obscene matter;

338

(b) Promotes alcoholic beverages, cigarettes or other	339
tobacco products, or any illegal product, service, or activity;	340

(c) Promotes illegal discrimination on the basis of race,	341
color, religion, national origin, handicap, age, or ancestry;	342

(d) Supports or opposes any labor organization or any action	343
by, on behalf of, or against any labor organization;	344

(e) Supports or opposes the nomination or election of a	345
candidate for public office, the investigation, prosecution, or	346
recall of a public official, or the passage of a levy or bond	347
issue.	348

(2) Compensate any employee of the political subdivision for	349
time spent on any activity to influence the outcome of an election	350
for any of the purposes described in division (C)(1)(e) of this	351
section. Division (C)(2) of this section does not prohibit the	352
use of public funds to compensate an employee of a political	353
subdivision for attending a public meeting to present information	354
about the political subdivision's finances, activities, and	355
governmental actions in a manner that is not designed to influence	356
the outcome of an election or the passage of a levy or bond issue,	357
even though the election, levy, or bond issue is discussed or	358
debated at the meeting.	359

(D) Nothing in this section prohibits or restricts any	360
political subdivision from sponsoring, participating in, or doing	361
any of the following:	362

(1) Charitable or public service advertising that is not	363
commercial in nature;	364

(2) Advertising of exhibitions, performances, programs,	365
products, or services that are provided by employees of a	366
political subdivision or are provided at or through premises owned	367
or operated by a political subdivision;	368

(3) Licensing an interest in a name or mark that is owned or	369
controlled by the political subdivision.	370

(E) As used in this section, "cigarettes" and "tobacco	371
product" have the same meanings as in section 5743.01 of the	372
Revised Code.	373

Sec. 9.06.  (A)(1) The department of rehabilitation and	374
correction shall contract for the private operation and management	375
pursuant to this section of the initial intensive program prison	376
established pursuant to section 5120.033 of the Revised Code and	377
may contract for the private operation and management of any other	378
facility under this section. Counties and municipal corporations	379
to the extent authorized in sections 307.93, 341.35, 753.03, and	380
753.15 of the Revised Code, may contract for the private operation	381
and management of a facility under this section. A contract	382
entered into under this section shall be for an initial term of	383
not more than two years, with an option to renew for additional	384
periods of two years.	385

(2) Not later than December 31, 1998, theThe department of	386
rehabilitation and correction, by rule, shall adopt minimum	387
criteria and specifications that a person or entity, other than a	388
person or entity that satisfies the criteria set forth in division	389
(A)(3)(a) of this section and subject to division (I) of this	390
section, must satisfy in order to apply to operate and manage as a	391
contractor pursuant to this section the initial intensive program	392
prison established pursuant to section 5120.033 of the Revised	393
Code.	394

(3) Subject to division (I) of this section, any person or	395
entity that applies to operate and manage a facility as a	396
contractor pursuant to this section shall satisfy one or more of	397
the following criteria:	398

(a) The person or entity is accredited by the American	399
correctional association and, at the time of the application,	400
operates and manages one or more facilities accredited by the	401
American correctional association.	402

(b) The person or entity satisfies all of the minimum	403
criteria and specifications adopted by the department of	404
rehabilitation and correction pursuant to division (A)(2) of this	405
section, provided that this alternative shall be available only in	406
relation to the initial intensive program prison established	407
pursuant to section 5120.033 of the Revised Code.	408

(4) Subject to division (I) of this section, before a public	409
entity may enter into a contract under this section, the	410
contractor shall convincingly demonstrate to the public entity	411
that it can operate the facility with the inmate capacity required	412
by the public entity and provide the services required in this	413
section and realize at least a five per cent savings over the	414
projected cost to the public entity of providing these same	415
services to operate the facility that is the subject of the	416
contract. No out-of-state prisoners may be housed in any facility	417
that is the subject of a contract entered into under this section.	418

(B) Subject to division (I) of this section, any contract	419
entered into under this section shall include all of the	420
following:	421

(1) A requirement that the contractor retain the	422
contractor's accreditation from the American correctional	423
association throughout the contract term or, if the contractor	424
applied pursuant to division (A)(3)(b) of this section, continue	425
complying with the applicable criteria and specifications adopted	426
by the department of rehabilitation and correction pursuant to	427
division (A)(2) of this section;	428

(2) A requirement that all of the following conditions be	429
met:	430

(a) The contractor begins the process of accrediting the	431
facility with the American correctional association no later than	432
sixty days after the facility receives its first inmate.	433

(b) The contractor receives accreditation of the facility	434
within twelve months after the date the contractor applies to the	435
American correctional association for accreditation.	436

(c) Once the accreditation is received, the contractor	437
maintains it for the duration of the contract term.	438

(d) If the contractor does not comply with divisions	439
(B)(2)(a) to (c) of this section, the contractor is in violation	440
of the contract, and the public entity may revoke the contract at	441
its discretion.	442

(3) A requirement that the contractor comply with all rules	443
promulgated by the department of rehabilitation and correction	444
that apply to the operation and management of correctional	445
facilities, including the minimum standards for jails in Ohio and	446
policies regarding the use of force and the use of deadly force,	447
although the public entity may require more stringent standards,	448
and comply with any applicable laws, rules, or regulations of the	449
federal, state, and local governments, including, but not limited	450
to, sanitation, food service, safety, and health regulations. The	451
contractor shall be required to send copies of reports of	452
inspections completed by the appropriate authorities regarding	453
compliance with rules and regulations to the director of	454
rehabilitation and correction or the director's designee and, if	455
contracting with a local public entity, to the governing authority	456
of that entity.	457

(4) A requirement that the contractor report for	458
investigation all crimes in connection with the facility to the	459
public entity, to all local law enforcement agencies with	460
jurisdiction over the place at which the facility is located, and,	461
for a crime committed at a state correctional institution, to the	462
state highway patrol;	463

(5) A requirement that the contractor immediately report all	464
escapes from the facility, and the apprehension of all escapees,	465
by telephone and in writing to all local law enforcement agencies	466
with jurisdiction over the place at which the facility is located,	467
to the prosecuting attorney of the county in which the facility is	468
located, to the state highway patrol, to a daily newspaper having	469
general circulation in the county in which the facility is	470
located, and, if the institutionfacility is a state correctional	471
institution, to the department of rehabilitation and correction.	472
The written notice may be by either facsimile transmission or	473
mail. A failure to comply with this requirement regarding an	474
escape is a violation of section 2921.22 of the Revised Code.	475

(6) A requirement that, if the facility is a state	476
correctional institution, the contractor provide a written report	477
within specified time limits to the director of rehabilitation and	478
correction or the director's designee of all unusual incidents at	479
the facility as defined in rules promulgated by the department of	480
rehabilitation and correction or, if the facility is a local	481
correctional institution, that the contractor provide a written	482
report of all unusual incidents at the facility to the governing	483
authority of the local public entity;	484

(7) A requirement that the contractor maintain proper	485
control of inmates' personal funds pursuant to rules promulgated	486
by the department of rehabilitation and correction, for state	487
correctional institutions, or pursuant to the minimum standards	488
for jails along with any additional standards established by the	489
local public entity, for local correctional institutions, and that	490
records pertaining to these funds be made available to	491
representatives of the public entity for review or audit;	492

(8) A requirement that the contractor prepare and distribute	493
to the director of rehabilitation and correction or, if	494
contracting with a local public entity, to the governing authority	495
of the local entity, annual budget income and expenditure	496
statements and funding source financial reports;	497

(9) A requirement that the public entity appoint and	498
supervise a full-time contract monitor, that the contractor	499
provide suitable office space for the contract monitor at the	500
facility, and that the contractor allow the contract monitor	501
unrestricted access to all parts of the facility and all records	502
of the facility except the contractor's financial records;	503

(10) A requirement that if the facility is a state	504
correctional institution, designated department of rehabilitation	505
and correction staff members be allowed access to the facility in	506
accordance with rules promulgated by the department;	507

(11) A requirement that the contractor provide internal and	508
perimeter security as agreed upon in the contract;	509

(12) If the facility is a state correctional institution, a	510
requirement that the contractor impose discipline on inmates	511
housed in a state correctional institution, only in accordance	512
with rules promulgated by the department of rehabilitation and	513
correction;	514

(13) A requirement that the facility be staffed at all times	515
with a staffing pattern approved by the public entity and adequate	516
both to ensure supervision of inmates and maintenance of security	517
within the facility, and to provide for programs, transportation,	518
security, and other operational needs. In determining security	519
needs, the contractor shall be required to consider, among other	520
things, the proximity of the facility to neighborhoods and	521
schools.	522

(14) If the contract is with a local public entity, a	523
requirement that the contractor provide services and programs,	524
consistent with the minimum standards for jails promulgated by the	525
department of rehabilitation and correction under section 5120.10	526
of the Revised Code;	527

(15) A clear statement that no immunity from liability	528
granted to the state, and no immunity from liability granted to	529
political subdivisions under Chapter 2744. of the Revised Code,	530
shall extend to the contractor or any of the contractor's	531
employees;	532

(16) A statement that all documents and records relevant to	533
the facility shall be maintained in the same manner required for,	534
and subject to the same laws, rules, and regulations as apply to,	535
the records of the public entity;	536

(17) Authorization for the public entity to impose a fine on	537
the contractor from a schedule of fines included in the contract	538
for the contractor's failure to perform its contractual duties, or	539
to cancel the contract, as the public entity considers	540
appropriate. If a fine is imposed, the public entity may reduce	541
the payment owed to the contractor pursuant to any invoice in the	542
amount of the imposed fine.	543

(18) A statement that all services provided or goods	544
produced at the facility shall be subject to the same regulations,	545
and the same distribution limitations, as apply to goods and	546
services produced at other correctional institutions;	547

(19) Authorization for the department to establish one or	548
more prison industries at a facility operated and managed by a	549
contractor for the department;	550

(20) A requirement that, if the facility is an intensive	551
program prison established pursuant to section 5120.033 of the	552
Revised Code, the facility shall comply with all criteria for	553
intensive program prisons of that type that are set forth in that	554
section;	555

(21) If the institution is a state correctional institution,	556
a requirement that the contractor provide clothing for all inmates	557
housed in the facility that is conspicuous in its color, style, or	558
color and style, that conspicuously identifies its wearer as an	559
inmate, and that is readily distinguishable from clothing of a	560
nature that normally is worn outside the facility by non-inmates,	561
that the contractor require all inmates housed in the facility to	562
wear the clothing so provided, and that the contractor not permit	563
any inmate, while inside or on the premises of the facility or	564
while being transported to or from the facility, to wear any	565
clothing of a nature that does not conspicuously identify its	566
wearer as an inmate and that normally is worn outside the facility	567
by non-inmates.	568

(C) No contract entered into under this section may require,	569
authorize, or imply a delegation of the authority or	570
responsibility of the public entity to a contractor for any of the	571
following:	572

(1) Developing or implementing procedures for calculating	573
inmate release and parole eligibility dates and recommending the	574
granting or denying of parole, although the contractor may submit	575
written reports that have been prepared in the ordinary course of	576
business;	577

(2) Developing or implementing procedures for calculating	578
and awarding earned credits, approving the type of work inmates	579
may perform and the wage or earned credits, if any, that may be	580
awarded to inmates engaging in suchthat work, and granting,	581
denying, or revoking earned credits;	582

(3) For inmates serving a term imposed for a felony offense	583
committed prior to July 1, 1996, or for a misdemeanor offense,	584
developing or implementing procedures for calculating and awarding	585
good time, approving the good time, if any, that may be awarded to	586
inmates engaging in work, and granting, denying, or revoking good	587
time;	588

(4) For inmates serving a term imposed for a felony offense	589
committed on or after July 1, 1996, extending an inmate's term	590
pursuant to the provisions of law governing bad time;	591

(5) Classifying an inmate or placing an inmate in a more or	592
a less restrictive custody than the custody ordered by the public	593
entity;	594

(6) Approving inmates for work release;

595

(7) Contracting for local or long distance telephone	596
services for inmates or receiving commissions from suchthose	597
services at a facility that is owned by or operated under a	598
contract with the department.	599

(D) A contractor that has been approved to operate a	600
facility under this section, and a person or entity that enters	601
into a contract for specialized services, as described in division	602
(I) of this section, relative to an intensive program prison	603
established pursuant to section 5120.033 of the Revised Code to be	604
operated by a contractor that has been approved to operate the	605
prison under this section, shall provide an adequate policy of	606
insurance specifically including, but not limited to, insurance	607
for civil rights claims as determined by a risk management or	608
actuarial firm with demonstrated experience in public liability	609
for state governments. The insurance policy shall provide that	610
the state, including all state agencies, and all political	611
subdivisions of the state with jurisdiction over the facility or	612
in which a facility is located are named as insured, and that the	613
state and its political subdivisions shall be sent any notice of	614
cancellation. The contractor may not self-insure.	615

A contractor that has been approved to operate a facility	616
under this section, and a person or entity that enters into a	617
contract for specialized services, as described in division (I) of	618
this section, relative to an intensive program prison established	619
pursuant to section 5120.033 of the Revised Code to be operated by	620
a contractor that has been approved to operate the prison under	621
this section, shall indemnify and hold harmless the state, its	622
officers, agents, and employees, and any local government entity	623
in the state having jurisdiction over the facility or ownership of	624
the facility, shall reimburse the state for its costs in defending	625
the state or any of its officers, agents, or employees, and shall	626
reimburse any local government entity of that nature for its costs	627
in defending the local government entity, from all of the	628
following:	629

(1) Any claims or losses for services rendered by the	630
contractor, person, or entity performing or supplying services in	631
connection with the performance of the contract;	632

(2) Any failure of the contractor, person, or entity or its	633
officers or employees to adhere to the laws, rules, regulations,	634
or terms agreed to in the contract;	635

(3) Any constitutional, federal, state, or civil rights	636
claim brought against the state related to the facility operated	637
and managed by the contractor;	638

(4) Any claims, losses, demands, or causes of action arising	639
out of the contractor's, person's, or entity's activities in this	640
state;	641

(5) Any attorney's fees or court costs arising from any	642
habeas corpus actions or other inmate suits that may arise from	643
any event that occurred at the facility or was a result of such an	644
event, or arise over the conditions, management, or operation of	645
the facility, which fees and costs shall include, but not be	646
limited to, attorney's fees for the state's representation and for	647
any court-appointed representation of any inmate, and the costs of	648
any special judge who may be appointed to hear suchthose actions	649
or suits.	650

(E) Private correctional officers of a contractor operating	651
and managing a facility pursuant to a contract entered into under	652
this section may carry and use firearms in the course of their	653
employment only after being certified as satisfactorily completing	654
an approved training program as described in division (A) of	655
section 109.78 of the Revised Code.	656

(F) Upon notification by the contractor of an escape from,	657
or of a disturbance at, the facility that is the subject of a	658
contract entered into under this section, the department of	659
rehabilitation and correction and state and local law enforcement	660
agencies shall use all reasonable means to recapture escapees or	661
quell any disturbance. Any cost incurred by the state or its	662
political subdivisions relating to the apprehension of an escapee	663
or the quelling of a disturbance at the facility shall be	664
chargeable to and borne by the contractor. The contractor shall	665
also reimburse the state or its political subdivisions for all	666
reasonable costs incurred relating to the temporary detention of	667
the escapee following recapture.	668

(G) Any offense that would be a crime if committed at a	669
state correctional institution or jail, workhouse, prison, or	670
other correctional facility shall be a crime if committed by or	671
with regard to inmates at facilities operated pursuant to a	672
contract entered into under this section.	673

(H) A contractor operating and managing a facility pursuant	674
to a contract entered into under this section shall pay any inmate	675
workers at the facility at the rate approved by the public entity.	676
Inmates working at the facility shall not be considered employees	677
of the contractor.	678

(I) In contracting for the private operation and management	679
pursuant to division (A) of this section of the initial intensive	680
program prison established pursuant to section 5120.033 of the	681
Revised Code or of any other intensive program prison established	682
pursuant to that section, the department of rehabilitation and	683
correction may enter into a contract with a contractor for the	684
general operation and management of the prison and may enter into	685
one or more separate contracts with other persons or entities for	686
the provision of specialized services for persons confined in the	687
prison, including, but not limited to, security or training	688
services or medical, counseling, educational, or similar treatment	689
programs. If, pursuant to this division, the department enters	690
into a contract with a contractor for the general operation and	691
management of the prison and also enters into one or more	692
specialized service contracts with other persons or entities, all	693
of the following apply:	694

(1) The contract for the general operation and management	695
shall comply with all requirements and criteria set forth in this	696
section, and all provisions of this section apply in relation to	697
the prison operated and managed pursuant to the contract.	698

(2) Divisions (A)(2), (B), and (C) of this section do not	699
apply in relation to any specialized services contract, except to	700
the extent that the provisions of those divisions clearly are	701
relevant to the specialized services to be provided under the	702
specialized services contract. Division (D) of this section	703
applies in relation to each specialized services contract.	704

(J) As used in this section:

705

(1) "Public entity" means the department of rehabilitation	706
and correction, or a county or municipal corporation or a	707
combination of counties and municipal corporations, that has	708
jurisdiction over a facility that is the subject of a contract	709
entered into under this section.	710

(2) "Local public entity" means a county or municipal	711
corporation, or a combination of counties and municipal	712
corporations, that has jurisdiction over a jail, workhouse, or	713
other correctional facility used only for misdemeanants that is	714
the subject of a contract entered into under this section.	715

(3) "Governing authority of a local public entity" means, for	716
a county, the board of county commissioners; for a municipal	717
corporation, the legislative authority; for a combination of	718
counties and municipal corporation, all the boards of county	719
commissioners and municipal legislative authorities that joined to	720
create the facility.	721

(4) "Contractor" means a person whoor entity that enters	722
into a contract under this section to operate and manage a jail,	723
workhouse, or other correctional facility.	724

(5) "Facility" means the specific county, multicounty,	725
municipal, municipal-county, or multicounty-municipal jail,	726
workhouse, prison, or other type of correctional institution or	727
facility used only for misdemeanants, or a state correctional	728
institution, that is the subject of a contract entered into under	729
this section.	730

(6) "Person or entity" in the case of a contract for the	731
private operation and management of a state correctional	732
institution, includes an employee organization, as defined in	733
section 4117.01 of the Revised Code, that represents employees at	734
state correctional institutions.	735

Sec. 9.821.  (A) The department of administrative services	736
shall direct and manage for state agencies all risk management and	737
insurance programs authorized under section 9.822 of the Revised	738
Code.	739

(B) The office of risk management is hereby established	740
within the department of administrative services. The director of	741
administrative services, or a deputy director appointed by the	742
director, shall control and supervise the office.	743

(C) The office may take any of the following actions that it	744
determines to be in the best interests of the state:	745

(1) Provide all insurance coverages for the state,	746
including, but not limited to, automobile liability, casualty,	747
property, public liability, and, except as provided in division	748
(C)(6) of this section, fidelity bond insurance;. The cost of	749
insurance coverage shall be paid from appropriations made to the	750
state agencies that the office has designated to receive the	751
coverage.	752

(2) Provide coverage of legal expenses that are necessary	753
and related to the legal defense of claims against the state;	754

(3) Purchase insurance policies consistent with sections	755
125.01 to 125.111 of the Revised Code, develop and administer	756
self-insurance programs, or do both;	757

(4) Consolidate and combine state insurance coverages;

758

(5) Provide technical services in risk management and	759
insurance to state agencies;	760

(6)(a) Establish and administer a self-insured fidelity bond	761
program for a particular class or subclass of state officer,	762
employee, or agent, if, prior to the establishment and	763
administration of this program, the director does both of the	764
following:	765

(i) Holds a hearing in accordance with Chapter 119. of the	766
Revised Code to determine whether fidelity bond insurance for that	767
particular class or subclass of state officer, employee, or agent	768
is available in the voluntary market;	769

(ii) If, as a result of that hearing, the director	770
determines that fidelity bond insurance for a particular class or	771
subclass of state officer, employee, or agent is unavailable in	772
the voluntary market and that the absence of this insurance	773
threatens the operation of state government and will be	774
detrimental to the general welfare of the citizens of this state,	775
adopts rules in accordance with Chapter 119. of the Revised Code	776
to establish standards and procedures governing the establishment,	777
administration, and termination of the fidelity bond program for	778
that particular class or subclass of state officer, employee, or	779
agent.	780

(b) Division (C)(6)(a) of this section does not apply to any	781
self-insured blanket fidelity bond program that, on the effective	782
date of this sectionSeptember 20, 1993, has been established	783
pursuant to section 9.831 or 9.832 of the Revised Code.	784

(7) Except as provided in division (C)(6) of this section,	785
adopt and publish, in accordance with section 111.15 of the	786
Revised Code, necessary rules and procedures governing the	787
administration of the state's insurance and risk management	788
activities.	789

(D) No state agency, except a state agency exempted under	790
section 125.02 or 125.04 of the Revised Code from the department's	791
purchasing authority, shall purchase any insurance described in	792
this section except as authorized by the department and in	793
accordance with terms, conditions, and procurement methods	794
established by the department.	795

(E) With respect to any civil action, demand, or claim	796
against the state that could be filed in the court of claims,	797
nothing in sections 9.82 to 9.823 of the Revised Code shall be	798
interpreted to permit the settlement or compromise of those civil	799
actions, demands, or claims, except in the manner provided in	800
Chapter 2743. of the Revised Code.	801

Sec. 9.822.  (A) The department of administrative services	802
through the office of risk management shall establish an insurance	803
plan or plans, whichthat may provide for self-insurance or the	804
purchase of insurance, or both, for any of the following purposes:	805

(1) Insuring state real and personal property against losses	806
occasioned by fire, windstorm, or other accidents and perils;	807

(2) Insuring the state and its officers and employees	808
against liability resulting from any civil action, demand, or	809
claim against the state or its officers and employees arising out	810
of any act or omission of an officer or employee in the	811
performance of hisofficial duties, except acts and omissions for	812
which indemnification is prohibited under section 9.87 of the	813
Revised Code;	814

(3) Insuring the state through the fidelity bonding of state	815
officers, employees, and agents who are required by law to provide	816
a fidelity bond.	817

(B)(1) Prior to the establishment of any self-insured	818
fidelity bond program for a particular class or subclass of state	819
officer, employee, or agent authorized pursuant to division (A)(3)	820
of this section, the director of administrative services shall	821
follow the procedures for holding a hearing and adopting rules set	822
forth in division (C)(6)(a) of section 9.821 of the Revised Code.	823

(2) Division (B)(1) of this section does not apply to any	824
self-insured blanket fidelity bond program that, on the effective	825
date of this sectionSeptember 20, 1993, has been established	826
pursuant to section 9.831 or 9.832 of the Revised Code.	827

(3) The director shall prepare annually a written report	828
detailing any self-insured fidelity bond program established	829
pursuant to division (A)(3) of this section. The report shall	830
include, but is not limited to, information relating to premiums	831
collected, income from recovery, loss experience, and	832
administrative costs of the program. A copy of the report,	833
together with a copy of those portions of the most recent reports	834
submitted under division (D) of section 9.823 of the Revised Code	835
and pertainingthat pertain to any such self-insured fidelity bond	836
program, shall be submitted to the speaker of the house of	837
representatives and the president of the senate by the firstlast	838
day of SeptemberMarch of each year.	839

Sec. 101.15.  (A) As used in this section:

840

(1) "Caucus" means all of the members of either house of the	841
general assembly who are members of the same political party.	842

(2) "Committee" means any committee of either house of the	843
general assembly, a joint committee of both houses of the general	844
assembly, including a committee of conference, or a subcommittee	845
of any committee listed in division (A)(2) of this section.	846

(3) "Meeting" means any prearranged discussion of the public	847
business of a committee by a majority of its members.	848

(B) Except as otherwise provided in division (F) of this	849
section, all meetings of any committee are declared to be public	850
meetings open to the public at all times. The secretary assigned	851
to the chairperson of the committee shall prepare, file, and	852
maintain the minutes of every regular or special meeting of a	853
committee. The committee, at its next regular or special meeting,	854
shall approve the minutes prepared, filed, and maintained by the	855
secretary, or, if the minutes prepared, filed, and maintained by	856
the secretary require correction before their approval, the	857
committee shall correct and approve the minutes at the next	858
following regular or special meeting. The committee shall make	859
the minutes available for public inspection not later than seven	860
days after the meeting the minutes reflect or not later than the	861
committee's next regular or special meeting, whichever occurs	862
first.	863

(C) Each committee shall establish by rule a reasonable	864
method whereby any person may determine the time and place of all	865
regularly scheduled meetings and the time, place, and purpose of	866
all special meetings. No committee shall hold a regular or	867
special meeting unless it gives at least twenty-four hours'	868
advance notice to the news media that have requested notification.	869

The rulemethod established by each committee shall provide	870
that, upon request and payment of a reasonable fee, any person may	871
obtain reasonable advance notification of all meetings at which	872
any specific type of public business will be discussed. Provisions	873
for advance notification may include, but are not limited to,	874
mailing the agenda of meetings to all subscribers on a mailing	875
list or mailing notices in self-addressed stamped envelopes	876
provided by the person who desires advance notification.	877

(D) Any action of a committee relating to a bill or	878
resolution, or any other formal action of a committee, is invalid	879
unless taken in an open meeting of the committee. Any action of a	880
committee relating to a bill or resolution, or any other formal	881
action of a committee, taken in an open meeting is invalid if it	882
results from deliberations in a meeting not open to the public.	883

(E)(1) Any person may bring an action to enforce this	884
section. An action under this division shall be brought within	885
two years after the date of the alleged violation or threatened	886
violation. Upon proof of a violation or threatened violation of	887
this section in an action brought by any person, the court of	888
common pleas shall issue an injunction to compel the members of	889
the committee to comply with its provisions.	890

(2)(a) If the court of common pleas issues an injunction	891
under division (E)(1) of this section, the court shall order the	892
committee that it enjoins to pay a civil forfeiture of five	893
hundred dollars to the party that sought the injunction and shall	894
award to that party all court costs and, subject to reduction as	895
described in this division, reasonable attorney's fees. The	896
court, in its discretion, may reduce an award of attorney's fees	897
to the party that sought the injunction or not award attorney's	898
fees to that party if the court determines both of the following:	899

(i) That, based on the ordinary application of statutory law	900
and case law as it existed at the time of the violation or	901
threatened violation that was the basis of the injunction, a	902
well-informed committee reasonably would believe that the	903
committee was not violating or threatening to violate this	904
section;	905

(ii) That a well-informed committee reasonably would believe	906
that the conduct or threatened conduct that was the basis of the	907
injunction would serve the public policy that underlies the	908
authority that is asserted as permitting that conduct or	909
threatened conduct.	910

(b) If the court of common pleas does not issue an	911
injunction under division (E)(1) of this section and the court	912
determines at that time that the bringing of the action was	913
frivolous conduct as defined in division (A) of section 2323.51 of	914
the Revised Code, the court shall award to the committee all court	915
costs and reasonable attorney's fees, as determined by the court.	916

(3) Irreparable harm and prejudice to the party that sought	917
the injunction shall be conclusively and irrebuttably presumed	918
upon proof of a violation or threatened violation of this section.	919

(4) A member of a committee who knowingly violates an	920
injunction issued under division (E)(1) of this section may be	921
removed from office by an action brought in the court of common	922
pleas for that purpose by the prosecuting attorney of Franklin	923
county or by the attorney general.	924

(5) The remedies described in divisions (E)(1) to (4) of	925
this section shall be the exclusive remedies for a violation of	926
this section.	927

(F) This section does not apply to or affect either of the	928
following:	929

(1) All meetings of the joint legislative ethics committee	930
created under section 101.34 of the Revised Code other than a	931
meeting that is held for any of the following purposes:	932

(a) To consider the adoption, amendment, or recission of any	933
rule that the joint legislative ethics committee is authorized to	934
adopt pursuant to division (B)(11) of section 101.34, division (E)	935
of section 101.78, division (B) of section 102.02, or division (E)	936
of section 121.68 of the Revised Code;	937

(b) To discuss and consider changes to any administrative	938
operation of the joint legislative ethics committee other than any	939
matter described in division (G) of section 121.22 of the Revised	940
Code;	941

(c) To discuss pending or proposed legislation.

942

(2) Meetings of a caucus.

943

(G) For purposes of division (F)(1)(a) of this section, an	944
advisory opinion, written opinion, or decision relative to a	945
complaint is not a rule.	946

Sec. 101.27.  (A)(1) Every member of the senate, except the	947
members elected president, president pro tempore, assistant	948
president pro tempore, majority whip, minority leader, assistant	949
minority leader, minority whip, and assistant minority whip, shall	950
receive as compensation a salary of fifty-one thousand six	951
hundred seventy-four dollars a year during the senator's term of	952
office. Every member of the house of representatives, except the	953
members elected speaker, speaker pro tempore, majority floor	954
leader, assistant majority floor leader, majority whip, assistant	955
majority whip, minority leader, assistant minority leader,	956
minority whip, and assistant minority whip, shall receive as	957
compensation a salary of fifty-one thousand six hundred	958
seventy-four dollars a year during the representative's term of	959
office. Such salaries shall be paid in equal monthly installments	960
during such term. All monthly payments shall be made on or before	961
the fifth day of each month. Upon the death of any member of the	962
general assembly during the member's term of office, any unpaid	963
salary due such member for the remainder of the member's term	964
shall be paid to the member's dependent, surviving spouse,	965
children, mother, or father, in the order in which the	966
relationship is set forth in this section in monthly installments.	967

(2) Each member shall receive a travel allowance	968
reimbursement per mile each way, at the same mileage rate allowed	969
for the reimbursement of travel expenses of state agents as	970
provided by rule of the director of budget and management pursuant	971
to division (B) of section 126.31 of the Revised Code, for mileage	972
not more than once a week during the session for travel incurred	973
by a member from and to the member's place of residence, by the	974
most direct highway route of public travel to and from the seat of	975
government, to be paid quarterly on the last day of March, June,	976
September, and December of each year.	977

(3) The member of the senate elected president and the	978
member of the house of representatives elected speaker shall each	979
receive as compensation a salary of eighty thousand five hundred	980
forty-nine dollars a year during the president's or speaker's term	981
of office.	982

The member of the senate elected president pro tempore, the	983
member of the senate elected minority leader, the member of the	984
house of representatives elected speaker pro tempore, and the	985
member of the house of representatives elected minority leader	986
shall each receive as compensation a salary of seventy-three	987
thousand four hundred ninety-three dollars a year during the	988
member's term of office. The member of the house of	989
representatives elected majority floor leader and the member of	990
the senate elected assistant president pro tempore shall each	991
receive as compensation a salary of sixty-nine thousand two	992
hundred twenty-seven dollars a year during the member's term of	993
office. The member of the senate elected assistant minority	994
leader and the member of the house of representatives elected	995
assistant minority leader shall each receive as compensation a	996
salary of sixty-seven thousand ninety-nine dollars a year during	997
the member's term of office. The member of the senate elected	998
majority whip and the member of the house of representatives	999
elected assistant majority floor leader shall each receive a	1000
salary of sixty-four thousand nine hundred sixty-seven dollars a	1001
year during the member's term of office. The member of the senate	1002
elected minority whip, the member of the house of representatives	1003
elected majority whip, and the member of the house of	1004
representatives elected minority whip shall each receive as	1005
compensation a salary of sixty thousand seven hundred six	1006
dollars a year during the member's term of office. The member of	1007
the house of representatives elected assistant majority whip shall	1008
receive as compensation a salary of fifty-six thousand four	1009
hundred forty-three dollars a year during the member's term of	1010
office. The member of the house of representatives elected	1011
assistant minority whip and the member of the senate elected	1012
assistant minority whip shall each receive a salary of fifty-four	1013
thousand sixty dollars a year during the member's term of office.	1014

(4) The chairperson of the finance committee of each house	1015
shall receive an additional sum of ten thousand dollars annually.	1016
The chairperson of each standing committee of each house other	1017
than the finance committee shall receive an additional sum of six	1018
thousand five hundred dollars annually. The chairperson of each	1019
standing subcommittee of a finance committee shall receive an	1020
additional sum of six thousand five hundred dollars annually.	1021
The vice-chairperson of the finance committee of each house shall	1022
receive an additional sum of five thousand five hundred dollars	1023
annually. The ranking minority member of the finance committee	1024
of each house shall receive an additional sum of six thousand	1025
five hundred dollars annually. The ranking minority member of	1026
each standing subcommittee of a finance committee shall receive an	1027
additional sum of five thousand dollars annually. The	1028
chairperson of each standing subcommittee of each house other than	1029
a standing subcommittee of the finance committee shall receive an	1030
additional sum of five thousand dollars annually. The	1031
vice-chairperson and ranking minority member of each standing	1032
committee of each house other than the finance committee shall	1033
each receive an additional sum of five thousand dollars	1034
annually. Except for the ranking minority member of each standing	1035
subcommittee of a finance committee, the ranking minority member	1036
of each standing subcommittee of each house shall receive an	1037
additional sum of two thousand five hundred dollars annually.	1038

No member may receive more than one additional sum for	1039
serving as chairperson, vice-chairperson, or ranking minority	1040
member of a standing committee or standing subcommittee,	1041
regardless of the number of standing committees or standing	1042
subcommittees on which the member serves as chairperson,	1043
vice-chairperson, or ranking minority member.	1044

(5) If a member is absent without leave, or is not excused	1045
on the member's return, there shall be deducted from the member's	1046
compensation twenty dollars for each day's absence.	1047

(B) Each calendar year from 2002 through 2008, the salary	1048
amounts under divisions (A)(1) and (3) of this section shall be	1049
increased by the lesser of the following:	1050

(1) Three per cent;

1051

(2) The percentage increase, if any, in the consumer price	1052
index over the twelve-month period that ends on the thirtieth day	1053
of September of the immediately preceding year, rounded to the	1054
nearest one-tenth of one per cent.	1055

(C) As used in this section:

1056

(1) "Consumer price index" means the consumer price index	1057
prepared by the United States bureau of labor statistics (U.S.	1058
city average for urban wage earners and clerical workers: all	1059
items, 1982-1984=100), or, if that index is no longer published, a	1060
generally available comparable index.	1061

(2) "Finance committee" means the finance committee of the	1062
senate and the finance-appropriations committee of the house of	1063
representatives.	1064

Sec. 101.30.  (A) As used in this section and in sections	1065
101.302 and 101.303 of the Revised Code:	1066

(1) "Legislative document" includes, but is not limited to,	1067
all of the following:	1068

(a) A working paper, work product, correspondence,	1069
preliminary draft, note, proposed bill or resolution, proposed	1070
amendment to a bill or resolution, analysis, opinion, memorandum,	1071
or other document in whatever form or format prepared by	1072
legislative staff for a member of the general assembly or for	1073
general assembly staff;	1074

(b) Any document or material in whatever form or format	1075
provided by a member of the general assembly or general assembly	1076
staff to legislative staff that requests, or that provides	1077
information or materials to assist in, the preparation of any of	1078
the items described in division (A)(1)(a) of this section;	1079

(c) Any summary of a bill or resolution or of an amendment	1080
to a bill or resolution in whatever form or format that is	1081
prepared by or in the possession of a member of the general	1082
assembly or general assembly staff, if the summary is prepared	1083
before the bill, resolution, or amendment is filed for	1084
introduction or presented at a committee hearing or floor session,	1085
as applicable.	1086

(2) "Legislative staff" means the staff of the legislative	1087
service commission, legislative budget office of the legislative	1088
service commission, or any other legislative agency included in	1089
the legislative service commission budget group.	1090

(3) "General assembly staff" means an officer or employee of	1091
either house of the general assembly who acts on behalf of a	1092
member of the general assembly or on behalf of a committee or	1093
either house of the general assembly.	1094

(B)(1) Legislative staff shall maintain a confidential	1095
relationship with each member of the general assembly, and with	1096
each member of the general assembly staff, with respect to	1097
communications between the member of the general assembly or	1098
general assembly staff and legislative staff. Except as otherwise	1099
provided in this division and division (C) of this section, a	1100
legislative document arising out of this confidential relationship	1101
is not a public record for purposes of section 149.43 of the	1102
Revised Code. When it is in the public interest and with the	1103
consent of the commission, the director of the commission may	1104
release to the public any legislative document in the possession	1105
of the commission staff arising out of a confidential relationship	1106
with a former member of the general assembly or former member of	1107
the general assembly staff who is not available to make the	1108
legislative document a public record as provided in division (C)	1109
of this section because of death or disability, whom the director	1110
is unable to contact for that purpose, or who fails to respond to	1111
the director after the director has made a reasonable number of	1112
attempts to make such contact.	1113

(2) Legislative documents that are not public records under	1114
divisions (B)(1) and (C) of this section are not subject to	1115
subpoena duces tecum. A member of the general assembly, member of	1116
the general assembly staff, or member of the legislative staff	1117
neither is subject to subpoena or subpoena duces tecum, nor may be	1118
compelled to testify, with regard to legislative documents that	1119
are not public records under divisions (B)(1) and (C) of this	1120
section.	1121

(C)(1) A legislative document is a public record for	1122
purposes of section 149.43 of the Revised Code if it is an	1123
analysis, synopsis, fiscal note, or local impact statement	1124
prepared by legislative staff that is required to be prepared by	1125
law, or by a rule of either house of the general assembly, for the	1126
benefit of the members of either or both of those houses or any	1127
legislative committee and if it has been presented to those	1128
members.	1129

(2) A legislative document is a public record for purposes	1130
of section 149.43 of the Revised Code if a member of the general	1131
assembly for whom legislative staff prepared the legislative	1132
document does any of the following:	1133

(a) Files it for introduction with the clerk of the senate	1134
or the clerk of the house of representatives, if it is a bill or	1135
resolution;	1136

(b) Presents it at a committee hearing or floor session, if	1137
it is an amendment to a bill or resolution or is a substitute bill	1138
or resolution;	1139

(c) Releases it, or authorizes general assembly staff or	1140
legislative staff to release it, to the public.	1141

Sec. 101.302.  A member of the general assembly, a member of	1142
the general assembly staff, and a member of the legislative staff,	1143
in their respective capacities as such, are not liable in a civil	1144
action for any legislative act or duty. In relation to any	1145
legislative act or duty, a member of the general assembly, a	1146
member of the general assembly staff, or a member of the	1147
legislative staff is not subject to subpoena or subpoena duces	1148
tecum in a civil action, may not be made party to a civil action,	1149
and may not be compelled to testify or to produce tangible	1150
evidence in a civil action.	1151

This section is cumulative to Ohio Constitution, Article II,	1152
Section 12.	1153

Sec. 101.303.  A member of the legislative staff shall not	1154
be compelled to testify or to produce tangible evidence concerning	1155
any communication with or any advice or assistance given to a	1156
member of the general assembly or a member of the general assembly	1157
staff in relation to any legislative act or duty.	1158

Sec. 101.311.  (A) As used in this section, "capitol square"	1159
has the same meaning as in section 105.41 of the Revised Code.	1160

(B)(1) The speaker of the house of representatives shall	1161
appoint a sergeant at arms for the house of representatives.	1162

(2) The speaker of the house of representatives shall adopt	1163
a policy specifying the minimum continuing training required for a	1164
person to maintain employment as house sergeant at arms or an	1165
assistant house sergeant at arms. The continuing training for the	1166
house sergeant at arms if the house sergeant at arms has arrest	1167
authority pursuant to division (E)(1) of this section and for all	1168
assistant sergeantsergeants at arms shall include firearms	1169
requalification under section 109.801 of the Revised Code.	1170

(C)(1) The house sergeant at arms may appoint assistant	1171
house sergeants at arms to assist the house sergeant at arms in	1172
performing the duties described in divisions (D) and (E) of this	1173
section. The house sergeant at arms shall not appoint a person to	1174
be an assistant house sergeant at arms unless one of the following	1175
applies:	1176

(a) The person previously has been awarded a certificate by	1177
the executive director of the Ohio peace officer training	1178
commission attesting to the person's satisfactory completion of an	1179
approved state, county, municipal, or department of natural	1180
resources peace officer basic training program, the person	1181
previously has been employed as a peace officer, the prior	1182
employment of the person as a peace officer contains no breaks in	1183
service of more than one year, and the person has successfully	1184
completed a firearms requalification program under section 109.801	1185
of the Revised Code.	1186

(b) The person previously has been awarded a certificate by	1187
the executive director of the Ohio peace officer training	1188
commission attesting to the person's satisfactory completion of an	1189
approved state, county, municipal, or department of natural	1190
resources peace officer basic training program, the person	1191
previously has been employed as a peace officer, the prior	1192
employment of the person as a peace officer contains a break in	1193
service of one year or more and not more than four years, the	1194
person has received all updated training required by the house	1195
sergeant at arms, and the person has successfully completed a	1196
firearms requalification program under section 109.801 of the	1197
Revised Code.	1198

(c) The person previously has been employed as a trooper of	1199
the state highway patrol, within one year prior to employment as	1200
an assistant house sergeant at arms the person had arrest	1201
authority as a trooper of the state highway patrol, and the person	1202
has successfully completed a firearms requalification program	1203
under section 109.801 of the Revised Code.	1204

(d) The person previously has been employed as a trooper of	1205
the state highway patrol, the prior employment as a trooper of the	1206
state highway patrol contains a break in service of one year or	1207
more and not more than four years, the person has received all	1208
updated training required by the house sergeant at arms, and the	1209
person has successfully completed a firearms requalification	1210
program under section 109.801 of the Revised Code.	1211

(2) In order to maintain employment as the house sergeant at	1212
arms or an assistant house sergeant at arms, the sergeant at arms	1213
or assistant sergeant at arms shall successfully complete all	1214
continuing training programs required by the speaker of the house	1215
of representatives under division (B)(2) of this section. If the	1216
house sergeant at arms or an assistant house sergeant at arms has	1217
a peace officer basic training certificate, or comparable	1218
certification issued by another law enforcement agency, the house	1219
sergeant at arms or the assistant house sergeant at arms also may	1220
complete whatever additional training is needed to maintain that	1221
certification. The Ohio peace officer training academy, a state,	1222
county, municipal, or department of natural resources training	1223
program, or any other program offering continuing training of that	1224
nature shall admit the house sergeant at arms or assistant house	1225
sergeant at arms to the continuing training program necessary for	1226
that sergeant at arms or assistant sergeant at arms to retain that	1227
certification.	1228

(3) Any person who has been appointed as the sergeant at	1229
arms pursuant to division (B) of this section or as an assistant	1230
sergeant at arms pursuant to division (C) of this section on or	1231
after the first day of March 2000, and who has received a	1232
certificate of completion of basic training programs pursuant to	1233
division (D) of section 109.75 of the Revised Code shall be	1234
considered a peace officer during the term of the person's	1235
appointment as the sergeant at arms or as an assistant sergeant at	1236
arms for the purposes of maintaining a current and valid basic	1237
training certificate pursuant to rules adopted under section	1238
109.74 of the Revised Code.	1239

(D)(1) The house sergeant at arms shall do all of the	1240
following:	1241

(a) Maintain good order in the corridors, committee rooms,	1242
and offices of the house of representatives in the vern riffeVern	1243
Riffe center, the hall and gallery of the house of	1244
representatives, and those areas of the vern riffeVern Riffe	1245
center under the exclusive use and control of the house of	1246
representatives. This section shall not affect or abridge the	1247
authority or responsibility of the state highway patrol.	1248

(b) Strictly enforce the rules of the house of	1249
representatives regulating admission of persons to the floor of	1250
the house of representatives;	1251

(c) Serve all subpoenas and warrants issued by the house of	1252
representatives or any duly authorized officer or committee of the	1253
house of representatives;	1254

(d) On order for a call of the house of representatives,	1255
arrest or cause to be arrested members of the house of	1256
representatives and bring the members into the house of	1257
representatives;	1258

(e) Execute or cause to be executed a warrant for the arrest	1259
of a person failing to appear or produce a paper or record	1260
pursuant to house of representatives subpoena or order pursuant to	1261
section 101.43 of the Revised Code and convey the person to the	1262
house of representatives. If the house sergeant at arms does not	1263
have arrest authority pursuant to division (E)(1) of this section,	1264
the house sergeant at arms shall cause the warrant to be executed	1265
and the person to be conveyed to the house of representatives.	1266

(f) At the direction of the speaker of the house of	1267
representatives, provide security for members of the house of	1268
representatives, house of representatives and other legislative	1269
employees, and other persons.	1270

(2) While providing security pursuant to division (D)(1)(f)	1271
of this section, assistant house sergeants at arms, and the house	1272
sergeant at arms if the house sergeant at arms has arrest	1273
authority pursuant to division (E)(1) of this section, shall have	1274
the same arrest powers as other peace officers to apprehend	1275
criminal offenders who endanger or threaten the security of any	1276
person being protected, no matter where the arrest occurs. The	1277
jurisdiction of an assistant house sergeant at arms and the house	1278
sergeant at arms if the house sergeant at arms has arrest	1279
authority pursuant to division (E)(1) of this section shall be	1280
concurrent with that of peace officers of the county, township, or	1281
municipal corporation in which the violation occurs and with the	1282
state highway patrol.	1283

(E)(1) The house sergeant at arms has the authority	1284
specified under section 2935.03 of the Revised Code for peace	1285
officers to enforce all state laws, municipal ordinances, and	1286
township resolutions and to make arrests for any violation of	1287
those laws, ordinances, and resolutions in all areas identified in	1288
division (D)(1)(a) of this section as areas in which the house	1289
sergeant at arms is to maintain good order, and while providing	1290
security pursuant to division (D)(1)(f) of this section if any of	1291
the following apply:	1292

(a) The house sergeant at arms previously has been awarded a	1293
certificate by the executive director of the Ohio peace officer	1294
training commission attesting to the house sergeant at arm's	1295
arms's satisfactory completion of an approved state, county,	1296
municipal, or department of natural resources peace officer basic	1297
training program, the house sergeant at arms previously has been	1298
employed as a peace officer, the prior employment of the house	1299
sergeant at arms as a peace officer contains no breaks in service	1300
that would require the house sergeant at arms to receive updated	1301
training by the Ohio peace officer training academy, and the house	1302
sergeant at arms has successfully completed a firearms	1303
requalification program under section 109.801 of the Revised Code.	1304

(b) The house sergeant at arms previously has been awarded a	1305
certificate by the executive director of the Ohio peace officer	1306
training commission attesting to the house sergeant at arm's	1307
arms's satisfactory completion of an approved state, county,	1308
municipal, or department of natural resources peace officer basic	1309
training program, the house sergeant at arms previously has been	1310
employed as a peace officer, the prior employment of the house	1311
sergeant at arms as a peace officer contains a break in service	1312
that would require the house sergeant at arms to receive updated	1313
training by the Ohio peace officer training academy, the house	1314
sergeant at arms has received that updated training, and the house	1315
sergeant at arms has successfully completed a firearms	1316
requalification program under section 109.801 of the Revised Code.	1317

(c) The house sergeant at arms previously has been employed	1318
as a trooper of the state highway patrol, within one year prior to	1319
employment as house sergeant at arms the house sergeant at arms	1320
had arrest authority as a trooper of the state highway patrol, and	1321
the house sergeant at arms has successfully completed a firearms	1322
requalification program under section 109.801 of the Revised Code.	1323

(2) Assistant house sergeants at arms have the authority	1324
specified under section 2935.03 of the Revised Code for peace	1325
officers to enforce all state laws, municipal ordinances, and	1326
township resolutions and to make arrests for any violation of	1327
those laws, ordinances, and resolutions in all areas identified in	1328
division (D)(1)(a) of this section as areas in which the house	1329
sergeant at arms is to maintain good order, and while providing	1330
security pursuant to division (D)(1)(f) of this section.	1331

(3) The jurisdiction of the house sergeant at arms, if the	1332
house sergeant at arms has arrest authority pursuant to division	1333
(E)(1) of this section, and of an assistant house sergeant at arms	1334
shall be concurrent with that of peace officers of the county,	1335
township, or municipal corporation in which the violation occurs	1336
and with the state highway patrol.	1337

(4) If the house sergeant at arms has arrest authority	1338
pursuant to division (E)(1) of this section, the speaker of the	1339
house of representatives shall issue to the house sergeant at arms	1340
a commission indicating the sergeant at arm'sarms's authority to	1341
make arrests as provided in this section. The speaker of the	1342
house of representatives, upon the recommendation of the house	1343
sergeant at arms, shall issue to each assistant house sergeant at	1344
arms a commission indicating the assistant sergeant at arm's	1345
arms's authority to make arrests as provided in this section. The	1346
speaker of the house of representatives shall furnish a suitable	1347
badge to the house sergeant at arms, if the house sergeant at arms	1348
has arrest authority under division (E)(1) of this section, and to	1349
each commissioned assistant house sergeant at arms as evidence of	1350
the sergeant at arm'sarms's or assistant sergeant at arm'sarms's	1351
authority.	1352

Sec. 101.34.  (A) There is hereby created a joint	1353
legislative ethics committee to serve the general assembly. The	1354
committee shall be composed of twelve members, six each from the	1355
two major political parties, and each member shall serve on the	1356
committee during the member's term as a member of that general	1357
assembly. Six members of the committee shall be members of the	1358
house of representatives appointed by the speaker of the house of	1359
representatives, not more than three from the same political	1360
party, and six members of the committee shall be members of the	1361
senate appointed by the president of the senate, not more than	1362
three from the same political party. A vacancy in the committee	1363
shall be filled for the unexpired term in the same manner as an	1364
original appointment. The members of the committee shall be	1365
appointed within fifteen days after the first day of the first	1366
regular session of each general assembly and the committee shall	1367
meet and proceed to recommend an ethics code not later than thirty	1368
days after the first day of the first regular session of each	1369
general assembly.	1370

In the first regular session of each general assembly, the	1371
speaker of the house of representatives shall appoint the	1372
chairperson of the committee from among the house members of the	1373
committee and the president of the senate shall appoint the	1374
vice-chairperson of the committee from among the senate members of	1375
the committee. In the second regular session of each general	1376
assembly, the president of the senate shall appoint the	1377
chairperson of the committee from among the senate members of the	1378
committee and the speaker of the house of representatives shall	1379
appoint the vice-chairperson of the committee from among the house	1380
members of the committee. The chairperson, vice-chairperson, and	1381
members of the committee shall serve until their respective	1382
successors are appointed or until they are no longer members of	1383
the general assembly.	1384

The committee shall meet at the call of the chairperson or	1385
upon the written request of seven members of the committee.	1386

(B) The joint legislative ethics committee:

1387

(1) Shall recommend a code of ethics which is consistent	1388
with law to govern all members and employees of each house of the	1389
general assembly and all candidates for the office of member of	1390
each house;	1391

(2) May receive and hear any complaint which alleges a	1392
breach of any privilege of either house, or misconduct of any	1393
member, employee, or candidate, or any violation of the	1394
appropriate code of ethics;	1395

(3) May obtain information with respect to any complaint	1396
filed pursuant to this section and to that end may enforce the	1397
attendance and testimony of witnesses, and the production of books	1398
and papers;	1399

(4) May recommend whatever sanction is appropriate with	1400
respect to a particular member, employee, or candidate as will	1401
best maintain in the minds of the public a good opinion of the	1402
conduct and character of members and employees of the general	1403
assembly;	1404

(5) May recommend legislation to the general assembly	1405
relating to the conduct and ethics of members and employees of and	1406
candidates for the general assembly;	1407

(6) Shall employ an executive director for the committee and	1408
may employ such other staff as the committee determines necessary	1409
to assist it in exercising its powers and duties. The executive	1410
director and staff of the committee shall be known as the office	1411
of legislative inspector general. At least one member of the	1412
staff of the committee shall be an attorney at law licensed to	1413
practice law in this state. The appointment and removal of the	1414
executive director shall require the approval of at least eight	1415
members of the committee.	1416

(7) May employ a special counsel to assist the committee in	1417
exercising its powers and duties. The appointment and removal of	1418
a special counsel shall require the approval of at least eight	1419
members of the committee.	1420

(8) Shall act as an advisory body to the general assembly	1421
and to individual members, candidates, and employees on questions	1422
relating to ethics, possible conflicts of interest, and financial	1423
disclosure;	1424

(9) Shall provide for the proper forms on which the	1425
statement required pursuant to section 102.02 of the Revised Code	1426
shall be filed and instructions as to the filing of the statement;	1427

(10) Exercise the powers and duties prescribed under	1428
sections 101.70 to 101.79 and 121.60 to 121.69 of the Revised	1429
Code;	1430

(11) Adopt in accordance with section 111.15 of the Revised	1431
Code any rules that are necessary to implement and clarify Chapter	1432
102. and sections 2921.42 and 2921.43 of the Revised Code.	1433

(C) There is hereby created in the state treasury the joint	1434
legislative ethics committee fund. All money collected from	1435
registration fees and late filing fees prescribed under sections	1436
101.72 and 121.62 of the Revised Code shall be deposited into the	1437
state treasury to the credit of the fund. Money credited to the	1438
fund and any interest and earnings from the fund shall be used	1439
solely for the operation of the joint legislative ethics committee	1440
and the office of legislative inspector general and for the	1441
purchase of data storage and computerization facilities for the	1442
statements filed with the joint committee under sections 101.73,	1443
101.74, 121.63, and 121.64 of the Revised Code.	1444

(D) The chairperson of the joint committee shall issue a	1445
written report, not later than the thirty-first day of January of	1446
each year, to the speaker and minority leader of the house of	1447
representatives and to the president and minority leader of the	1448
senate that lists the number of committee meetings and	1449
investigations the committee conducted during the immediately	1450
preceding calendar year and the number of advisory opinions it	1451
issued during the immediately preceding calendar year.	1452

(E) Any investigative report that contains facts and	1453
findings regarding a complaint filed with the committee and that	1454
is prepared by the staff of the committee or a special counsel to	1455
the committee shall become a public record upon its acceptance by	1456
a vote of the majority of the members of the committee, except for	1457
any names of specific individuals and entities contained in the	1458
report. If the committee recommends disciplinary action or	1459
reports its findings to the appropriate prosecuting authority for	1460
proceedings in prosecution of the violations alleged in the	1461
complaint, the investigatory report regarding the complaint shall	1462
become a public record in its entirety.	1463

(F)(1) Any file obtained by or in the possession of the	1464
former house ethics committee or former senate ethics committee	1465
shall become the property of the joint legislative ethics	1466
committee. Any such file is confidential if either of the	1467
following applies:	1468

(a) It is confidential under section 102.06 of the Revised	1469
Code or the legislative code of ethics.	1470

(b) If the file was obtained from the former house ethics	1471
committee or from the former senate ethics committee, it was	1472
confidential under any statute or any provision of a code of	1473
ethics that governed the file.	1474

(2) As used in this division, "file" includes, but is not	1475
limited to, evidence, documentation, or any other tangible thing.	1476

Sec. 101.37. (A) There is hereby created the joint council on	1477
mental retardation and developmental disabilities. The joint	1478
council shall consist of three members of the house of	1479
representatives appointed by the speaker of the house of	1480
representatives, not more than two of whom shall be members of the	1481
same political party, three members of the senate appointed by the	1482
president of the senate, not more than two of whom shall be	1483
members of the same political party, and the director of mental	1484
retardation and developmental disabilities. At least one member	1485
of the joint council appointed by the speaker of the house of	1486
representatives and at least one member appointed by the president	1487
of the senate shall be a member of the house or senate committee	1488
with primary responsibility for appropriation issues and at least	1489
one member appointed by the speaker and at least one member	1490
appointed by the president shall be a member of the house or	1491
senate committee with primary responsibility for human services	1492
issues. Members	1493

Members of the joint council shall be reimbursed for their	1494
actual and necessary expenses incurred in the performance of their	1495
official duties, provided that reimbursement for such expenses	1496
shall not exceed limits imposed upon the department of mental	1497
retardation and developmental disabilities by administrative rules	1498
regulating travel within this state. Members shall receive no	1499
other compensation. The	1500

The joint council shall organize itself within fifteen days	1501
after the commencement of each regular session of the general	1502
assembly by electing a chairperson and vice-chairperson. The	1503
joint council may meet upon the call of the chairperson, the	1504
director, or on the request of any three members. Members	1505

Members of the joint council who are appointed from the	1506
general assembly shall serve until the expiration of their terms	1507
in the general assembly. Any vacancies occurring among the	1508
general assembly members of the joint council shall be filled in	1509
the manner of the original appointment.	1510

(B) The joint council shall do all of the following:

1511

(A)(1) Appoint the original members of the citizen's	1512
advisory council at any institution under the control of the	1513
department of mental retardation and developmental disabilities	1514
that is created after November 15, 1981;	1515

(B)(2) Make final determinations in any dispute between the	1516
director of mental retardation and developmental disabilities and	1517
a citizen's advisory council concerning the appointment of members	1518
to the citizen's advisory council, as provided for in section	1519
5123.092 of the Revised Code;	1520

(C)(3) Receive reports from citizen's advisory councils on	1521
or before the thirty-first day of January of each year, as	1522
required by section 5123.093 of the Revised Code;	1523

(D)(4) Receive reports as appropriate concerning extenuating	1524
circumstances at institutions under the control of the department	1525
of mental retardation and developmental disabilities;	1526

(E)(5) Conduct reviews and make recommendations to the	1527
director of mental retardation and developmental disabilities with	1528
respect to any disputes between the department of mental	1529
retardation and developmental disabilities and entities that have	1530
entered into contracts with the department for the provision of	1531
protective services to individuals with mental retardation or	1532
developmental disabilities;	1533

(6) Provide the director of mental retardation and	1534
developmental disabilities with advice on legislative and fiscal	1535
issues affecting the department of mental retardation and	1536
developmental disabilities, county boards of mental retardation	1537
and developmental disabilities, persons with mental retardation or	1538
developmental disabilities, and providers of services to persons	1539
with mental retardation or developmental disabilities and on	1540
related issues the director requests the joint council to address;	1541

(F)(7) On behalf of the director of mental retardation and	1542
developmental disabilities, advocate to the general assembly	1543
legislative issues about which the joint council has provided	1544
advice to the director.	1545

(C) Reports and any correspondence received by the joint	1546
council shall be deposited with the legislative service	1547
commission, which shall retain them for not less than three years	1548
after the date of deposit.	1549

Sec. 101.691. (A) Either house of the general assembly or any	1550
legislative agency may dispose of any excess or surplus supplies	1551
that it possesses by sale, lease, donation, or other transfer,	1552
including, but not limited to, sale by public auction over the	1553
internet, as defined in section 341.42 of the Revised Code.	1554
Nothing in this division prohibits either house of the general	1555
assembly or a legislative agency from having the director of	1556
administrative services dispose of excess or surplus supplies of	1557
that house under sections 125.12 to 125.14 of the Revised Code.	1558

(B) Any proceeds from sales, leases, or other transfers	1559
made under division (A) of this section shall be deposited in the	1560
house of representatives reimbursement special revenue fund, the	1561
senate reimbursement special revenue fund, or a legislative agency	1562
special revenue fund identified by the director of the agency, as	1563
appropriate.	1564

Sec. 101.72.  (A) Each legislative agent and employer,	1565
within ten days following an engagement of a legislative agent,	1566
shall file with the joint legislative ethics committee an initial	1567
registration statement showing all of the following:	1568

(1) The name, business address, and occupation of the	1569
legislative agent;	1570

(2) The name and business address of the employer and the	1571
real party in interest on whose behalf the legislative agent is	1572
actively advocating, if it is different from the employer. For	1573
the purposes of division (A) of this section, where a trade	1574
association or other charitable or fraternal organization that is	1575
exempt from federal income taxation under subsection 501(c) of the	1576
federal Internal Revenue Code is the employer, the statement need	1577
not list the names and addresses of each member of the association	1578
or organization, so long as the association or organization itself	1579
is listed.	1580

(3) A brief description of the type of legislation to which	1581
the engagement relates.	1582

(B) In addition to the initial registration statement	1583
required by division (A) of this section, each legislative agent	1584
and employer shall file with the joint committee, not later than	1585
the last day of January, May, and September of each year, an	1586
updated registration statement that confirms the continuing	1587
existence of each engagement described in an initial registration	1588
statement and that lists the specific bills or resolutions on	1589
which the agent actively advocated under that engagement during	1590
the period covered by the updated statement, and with it any	1591
statement of expenditures required to be filed by section 101.73	1592
of the Revised Code and any details of financial transactions	1593
required to be filed by section 101.74 of the Revised Code.	1594

(C) If a legislative agent is engaged by more than one	1595
employer, the agent shall file a separate initial and updated	1596
registration statement for each engagement. If an employer	1597
engages more than one legislative agent, the employer need file	1598
only one updated registration statement under division (B) of this	1599
section, which shall contain the information required by division	1600
(B) of this section regarding all of the legislative agents	1601
engaged by the employer.	1602

(D)(1) A change in any information required by division	1603
(A)(1), (2), or (B) of this section shall be reflected in the next	1604
updated registration statement filed under division (B) of this	1605
section.	1606

(2) Within thirty days after the termination of an	1607
engagement, the legislative agent who was employed under the	1608
engagement shall send written notification of the termination to	1609
the joint committee.	1610

(E) Except as otherwise provided in this division, a	1611
registration fee of ten dollars shall be charged for filing an	1612
initial registration statement. All money collected from this	1613
registration feefees under this division and late filing fees	1614
under division (G) of this section shall be deposited to the	1615
credit of the joint legislative ethics committee fund created	1616
under section 101.34 of the Revised Code. An	1617

An officer or employee of a state agency who actively	1618
advocates in a fiduciary capacity as a representative of that	1619
state agency need not pay the registration fee prescribed by this	1620
division or file expenditure statements under section 101.73 of	1621
the Revised Code. As used in this division, "state agency" does	1622
not include a state institution of higher education as defined in	1623
section 3345.011 of the Revised Code.	1624

(F) Upon registration pursuant to division (A) of this	1625
section, the legislative agent shall be issued a card by the joint	1626
committee showing that the legislative agent is registered. The	1627
registration card and the legislative agent's registration shall	1628
be valid from the date of their issuance until the next	1629
thirty-first day of December of an even-numbered year.	1630

(G) The executive director of the joint committee shall be	1631
responsible for reviewing each registration statement filed with	1632
the joint committee under this section and for determining whether	1633
the statement contains all of the information required by this	1634
section. If the joint committee determines that the registration	1635
statement does not contain all of the required information or that	1636
a legislative agent or employer has failed to file a registration	1637
statement, the joint committee shall send written notification by	1638
certified mail to the person who filed the registration statement	1639
regarding the deficiency in the statement or to the person who	1640
failed to file the registration statement regarding the failure.	1641
Any person so notified by the joint committee shall, not later	1642
than fifteen days after receiving the notice, file a registration	1643
statement or an amended registration statement that does contain	1644
all of the information required by this section. If any person	1645
who receives a notice under this division fails to file a	1646
registration statement or such an amended registration statement	1647
within this fifteen-day period, the joint committee shall notify	1648
the attorney general, who may take appropriate action as	1649
authorized under section 101.79 of the Revised Code. If the joint	1650
committee notifies the attorney general under this division, the	1651
joint committee shall also notify in writing the governor and each	1652
member of the general assembly of the pending investigationassess	1653
a late filing fee equal to twelve dollars and fifty cents per day,	1654
up to a maximum of one hundred dollars, upon that person. The	1655
joint committee may waive the late filing fee for good cause	1656
shown.	1657

(H) On or before the fifteenth day of March of each year,	1658
the joint committee shall, in the manner and form that it	1659
determines, publish a report containing statistical information on	1660
the registration statements filed with it under this section	1661
during the preceding year.	1662

Sec. 101.73.  (A) Each legislative agent and each employer	1663
shall file in the office of the joint legislative ethics	1664
committee, with the updated registration statement required by	1665
division (B) of section 101.72 of the Revised Code, a statement of	1666
expenditures as specified in divisions (B) and (C) of this	1667
section. A legislative agent shall file a separate statement of	1668
expenditures under this section for each employer engaging himthe	1669
legislative agent.	1670

(B)(1) In addition to the information required by divisions	1671
(B)(2) and (3) of this section, a statement filed by a legislative	1672
agent shall show the total amount of expenditures made by the	1673
legislative agent during the reporting period covered by the	1674
statement.	1675

(2) If, during a reporting period covered by a statement, an	1676
employer or any legislative agent hethe employer engaged made,	1677
either separately or in combination with each other, either	1678
directly or indirectly, expenditures to, at the request of, for	1679
the benefit of, or on behalf of any particular member of the	1680
general assembly, any particular member of the controlling board,	1681
the governor, the director of a department created under section	1682
121.02 of the Revised Code, or any particular member of the staff	1683
of any of the public officers or employees listed in division	1684
(B)(2) of this section, then the employer or legislative agent	1685
shall also state all of the following:	1686

(a) The name of the public officer or employee to whom, at	1687
whose request, for whose benefit, or on whose behalf the	1688
expenditures were made;	1689

(b) The total amount of the expenditures made;

1690

(c) A brief description of the expenditures made;

1691

(d) The approximate date the expenditures were made;

1692

(e) The specific items of legislation, if any, for which the	1693
expenditures were made and the identity of the client on whose	1694
behalf each expenditure was made.	1695

As used in division (B)(2) of this section, "expenditures"	1696
does not include expenditures made by a legislative agent as	1697
payment for meals and other food and beverages.	1698

(3) If, during a reporting period covered by a statement, a	1699
legislative agent made expenditures as payment for meals and other	1700
food and beverages, other than for meals and other food and	1701
beverages provided to a member of the general assembly at a	1702
meeting at which the member participated in a panel, seminar, or	1703
speaking engagement or provided to a member of the general	1704
assembly at a meeting or convention of a national organization to	1705
which either house of the general assembly, any legislative	1706
agency, or any other state agency, including, but not limited to,	1707
any legislative agency or state institution of higher education	1708
as defined in section 3345.011 of the Revised Code, pays	1709
membership dues, that, when added to the amount of previous	1710
payments made for meals and other food and beverages by that	1711
legislative agent during that same calendar year, exceeded a total	1712
of fifty dollars to, at the request of, for the benefit of, or on	1713
behalf of any particular member of the general assembly, any	1714
particular member of the controlling board, the governor, the	1715
director of a department created under section 121.02 of the	1716
Revised Code, or any particular member of the staff of any of the	1717
public officers or employees listed in division (B)(3) of this	1718
section, then the legislative agent shall also state all of the	1719
following regarding those expenditures:	1720

(a) The name of the public officer or employee to whom, at	1721
whose request, for whose benefit, or on whose behalf the	1722
expenditures were made;	1723

(b) The total amount of the expenditures made;

1724

(c) A brief description of the expenditures made;

1725

(d) The approximate date the expenditures were made;

1726

(e) The specific items of legislation, if any, for which the	1727
expenditures were made and the identity of the client on whose	1728
behalf each expenditure was made.	1729

(C) In addition to the information required by divisions	1730
(B)(2) and (3) of this section, a statement filed by an employer	1731
shall show the total amount of expenditures made by the employer	1732
filing the statement during the period covered by the statement.	1733
As used in this section, "expenditures" does not include the	1734
expenses of maintaining office facilities or the compensation paid	1735
to legislative agents engaged by an employer.	1736

No employer is required to show any expenditure on a	1737
statement filed under this division if the expenditure is reported	1738
on a statement filed under division (B) of this section by a	1739
legislative agent engaged by the employer.	1740

(D) Any statement required to be filed under this section	1741
shall be filed at the times specified in section 101.72 of the	1742
Revised Code. Each statement shall cover expenditures made during	1743
the four-calendar-month period that ended on the last day of the	1744
month immediately preceding the month in which the statement is	1745
required to be filed.	1746

No portion of the amount of an expenditure for a dinner,	1747
party, or other function sponsored by an employer or legislative	1748
agent need be attributed to, or counted toward the amount for, a	1749
reporting period specified in division (B)(2) or (3) of this	1750
section if the sponsor has invited to the function all the members	1751
of either of the following:	1752

(1) The general assembly;

1753

(2) Either house of the general assembly.

1754

However, the amount spent for such function and its date and	1755
purpose shall be reported separately on the statement required to	1756
be filed under this section and the amount spent for the function	1757
shall be added with other expenditures for the purpose of	1758
determining the total amount of expenditures reported in the	1759
statement under division (B)(1) or (C) of this section.	1760

If it is impractical or impossible for a legislative agent or	1761
employer to determine exact dollar amounts or values of	1762
expenditures, reporting of good faith estimates, based upon	1763
reasonable accounting procedures, constitutes compliance with this	1764
section.	1765

(E) All legislative agents and employers shall retain	1766
receipts or maintain records for all expenditures that are	1767
required to be reported pursuant to this section. These receipts	1768
or records shall be maintained for a period ending on the	1769
thirty-first day of December of the second calendar year after the	1770
year in which the expenditure was made.	1771

(F)(1) An employer or legislative agent who is required to	1772
file an expenditure statement under division (B) or (C) of this	1773
section shall deliver a copy of the statement, or of the portion	1774
showing the expenditure, to the public officer or employee who is	1775
listed in the statement as having received the expenditure or on	1776
whose behalf it was made, at least ten days before the date on	1777
which the statement is filed.	1778

(2) If, during a reporting period covered by an expenditure	1779
statement filed under division (B)(2) of this section, an employer	1780
or any legislative agent hethe employer engaged made, either	1781
separately or in combination with each other, either directly or	1782
indirectly, expenditures for transportation, lodging, or food and	1783
beverages purchased for consumption on the premises in which the	1784
food and beverages were sold to, at the request of, for the	1785
benefit of, or on behalf of any of the public officers or	1786
employees described in division (B)(2) of this section, the	1787
employer or legislative agent shall deliver to the public officer	1788
or employee a statement that contains all of the nondisputed	1789
information prescribed in division (B)(2)(a) through (e) of this	1790
section with respect to the expenditures described in division	1791
(F)(2) of this section. The statement of expenditures made under	1792
division (F)(2) of this section shall be delivered to the public	1793
officer or employee to whom, at whose request, for whose benefit,	1794
or on whose behalf those expenditures were made on the same day in	1795
which a copy of the expenditure statement or of a portion showing	1796
the expenditure is delivered to the public officer or employee	1797
under division (F)(1) of this section. An employer is not	1798
required to show any expenditure on a statement delivered under	1799
division (F)(2) of this section if the expenditure is shown on a	1800
statement delivered under division (F)(2) of this section by a	1801
legislative agent engaged by the employer.	1802

Sec. 102.02.  (A) Except as otherwise provided in division	1803
(H) of this section, every person who is elected to or is a	1804
candidate for a state, county, or city office, or the office of	1805
member of the United States congress, and every person who is	1806
appointed to fill a vacancy for an unexpired term in such an	1807
elective office; all members of the state board of education; the	1808
director, assistant directors, deputy directors, division chiefs,	1809
or persons of equivalent rank of any administrative department of	1810
the state; the president or other chief administrative officer of	1811
every state institution of higher education as defined in section	1812
3345.011 of the Revised Code; the chief executive officer of each	1813
state retirement system; all members of the board of commissioners	1814
on grievances and discipline of the supreme court and the ethics	1815
commission created under section 102.05 of the Revised Code; every	1816
business manager, treasurer, or superintendent of a city, local,	1817
exempted village, joint vocational, or cooperative education	1818
school district or an educational service center; every person who	1819
is elected to or is a candidate for the office of member of a	1820
board of education of a city, local, exempted village, joint	1821
vocational, or cooperative education school district or of a	1822
governing board of an educational service center that has a total	1823
student count of twelve thousand or more as most recently	1824
determined by the department of education pursuant to section	1825
3317.03 of the Revised Code; every person who is appointed to the	1826
board of education of a municipal school district pursuant to	1827
division (B) or (F) of section 3311.71 of the Revised Code; all	1828
members of the board of directors of a sanitary district	1829
established under Chapter 6115. of the Revised Code and organized	1830
wholly for the purpose of providing a water supply for domestic,	1831
municipal, and public use that includes two municipal corporations	1832
in two counties; every public official or employee who is paid a	1833
salary or wage in accordance with schedule C of section 124.15 or	1834
schedule E-2 of section 124.152 of the Revised Code; members of	1835
the board of trustees and the executive director of the tobacco	1836
use prevention and control foundation; members of the board of	1837
trustees and the executive director of the southern Ohio	1838
agricultural and community development foundation; members and the	1839
executive director of the biomedical research and technology	1840
transfer commission; and every other public official or employee	1841
who is designated by the appropriate ethics commission pursuant to	1842
division (B) of this section shall file with the appropriate	1843
ethics commission on a form prescribed by the commission, a	1844
statement disclosing all of the following:	1845

(1) The name of the person filing the statement and each	1846
member of the person's immediate family and all names under which	1847
the person or members of the person's immediate family do	1848
business;	1849

(2)(a) Subject to divisions (A)(2)(b) and (c) of this	1850
section and except as otherwise provided in section 102.022 of the	1851
Revised Code, identification of every source of income, other than	1852
income from a legislative agent identified in division (A)(2)(b)	1853
of this section, received during the preceding calendar year, in	1854
the person's own name or by any other person for the person's use	1855
or benefit, by the person filing the statement, and a brief	1856
description of the nature of the services for which the income was	1857
received. If the person filing the statement is a member of the	1858
general assembly, the statement shall identify the amount of every	1859
source of income received in accordance with the following ranges	1860
of amounts: zero or more, but less than one thousand dollars; one	1861
thousand dollars or more, but less than ten thousand dollars; ten	1862
thousand dollars or more, but less than twenty-five thousand	1863
dollars; twenty-five thousand dollars or more, but less than fifty	1864
thousand dollars; fifty thousand dollars or more, but less than	1865
one hundred thousand dollars; and one hundred thousand dollars or	1866
more. Division (A)(2)(a) of this section shall not be construed	1867
to require a person filing the statement who derives income from a	1868
business or profession to disclose the individual items of income	1869
that constitute the gross income of that business or profession,	1870
except for those individual items of income that are attributable	1871
to the person's or, if the income is shared with the person, the	1872
partner's, solicitation of services or goods or performance,	1873
arrangement, or facilitation of services or provision of goods on	1874
behalf of the business or profession of clients, including	1875
corporate clients, who are legislative agents as defined in	1876
section 101.70 of the Revised Code. A person who files the	1877
statement under this section shall disclose the identity of and	1878
the amount of income received from a person who the public	1879
official or employee knows or has reason to know is doing or	1880
seeking to do business of any kind with the public official's or	1881
employee's agency.	1882

(b) If the person filing the statement is a member of the	1883
general assembly, the statement shall identify every source of	1884
income and the amount of that income that was received from a	1885
legislative agent, as defined in section 101.70 of the Revised	1886
Code, during the preceding calendar year, in the person's own name	1887
or by any other person for the person's use or benefit, by the	1888
person filing the statement, and a brief description of the nature	1889
of the services for which the income was received. Division	1890
(A)(2)(b) of this section requires the disclosure of clients of	1891
attorneys or persons licensed under section 4732.12 of the Revised	1892
Code, or patients of persons certified under section 4731.14 of	1893
the Revised Code, if those clients or patients are legislative	1894
agents. Division (A)(2)(b) of this section requires a person	1895
filing the statement who derives income from a business or	1896
profession to disclose those individual items of income that	1897
constitute the gross income of that business or profession that	1898
are received from legislative agents.	1899

(c) Except as otherwise provided in division (A)(2)(c) of	1900
this section, division (A)(2)(a) of this section applies to	1901
attorneys, physicians, and other persons who engage in the	1902
practice of a profession and who, pursuant to a section of the	1903
Revised Code, the common law of this state, a code of ethics	1904
applicable to the profession, or otherwise, generally are required	1905
not to reveal, disclose, or use confidences of clients, patients,	1906
or other recipients of professional services except under	1907
specified circumstances or generally are required to maintain	1908
those types of confidences as privileged communications except	1909
under specified circumstances. Division (A)(2)(a) of this section	1910
does not require an attorney, physician, or other professional	1911
subject to a confidentiality requirement as described in division	1912
(A)(2)(c) of this section to disclose the name, other identity, or	1913
address of a client, patient, or other recipient of professional	1914
services if the disclosure would threaten the client, patient, or	1915
other recipient of professional services, would reveal details of	1916
the subject matter for which legal, medical, or professional	1917
advice or other services were sought, or would reveal an otherwise	1918
privileged communication involving the client, patient, or other	1919
recipient of professional services. Division (A)(2)(a) of this	1920
section does not require an attorney, physician, or other	1921
professional subject to a confidentiality requirement as described	1922
in division (A)(2)(c) of this section to disclose in the brief	1923
description of the nature of services required by division	1924
(A)(2)(a) of this section any information pertaining to specific	1925
professional services rendered for a client, patient, or other	1926
recipient of professional services that would reveal details of	1927
the subject matter for which legal, medical, or professional	1928
advice was sought or would reveal an otherwise privileged	1929
communication involving the client, patient, or other recipient of	1930
professional services.	1931

(3) The name of every corporation on file with the secretary	1932
of state that is incorporated in this state or holds a certificate	1933
of compliance authorizing it to do business in this state, trust,	1934
business trust, partnership, or association that transacts	1935
business in this state in which the person filing the statement or	1936
any other person for the person's use and benefit had during the	1937
preceding calendar year an investment of over one thousand dollars	1938
at fair market value as of the thirty-first day of December of the	1939
preceding calendar year, or the date of disposition, whichever is	1940
earlier, or in which the person holds any office or has a	1941
fiduciary relationship, and a description of the nature of the	1942
investment, office, or relationship. Division (A)(3) of this	1943
section does not require disclosure of the name of any bank,	1944
savings and loan association, credit union, or building and loan	1945
association with which the person filing the statement has a	1946
deposit or a withdrawable share account.	1947

(4) All fee simple and leasehold interests to which the	1948
person filing the statement holds legal title to or a beneficial	1949
interest in real property located within the state, excluding the	1950
person's residence and property used primarily for personal	1951
recreation;	1952

(5) The names of all persons residing or transacting	1953
business in the state to whom the person filing the statement	1954
owes, in the person's own name or in the name of any other person,	1955
more than one thousand dollars. Division (A)(5) of this section	1956
shall not be construed to require the disclosure of debts owed by	1957
the person resulting from the ordinary conduct of a business or	1958
profession or debts on the person's residence or real property	1959
used primarily for personal recreation, except that the	1960
superintendent of financial institutions shall disclose the names	1961
of all state-chartered savings and loan associations and of all	1962
service corporations subject to regulation under division (E)(2)	1963
of section 1151.34 of the Revised Code to whom the superintendent	1964
in the superintendent's own name or in the name of any other	1965
person owes any money, and that the superintendent and any deputy	1966
superintendent of banks shall disclose the names of all	1967
state-chartered banks and all bank subsidiary corporations subject	1968
to regulation under section 1109.44 of the Revised Code to whom	1969
the superintendent or deputy superintendent owes any money.	1970

(6) The names of all persons residing or transacting	1971
business in the state, other than a depository excluded under	1972
division (A)(3) of this section, who owe more than one thousand	1973
dollars to the person filing the statement, either in the person's	1974
own name or to any person for the person's use or benefit.	1975
Division (A)(6) of this section shall not be construed to require	1976
the disclosure of clients of attorneys or persons licensed under	1977
section 4732.12 or 4732.15 of the Revised Code, or patients of	1978
persons certified under section 4731.14 of the Revised Code, nor	1979
the disclosure of debts owed to the person resulting from the	1980
ordinary conduct of a business or profession.	1981

(7) Except as otherwise provided in section 102.022 of the	1982
Revised Code, the source of each gift of over seventy-five	1983
dollars, or of each gift of over twenty-five dollars received by a	1984
member of the general assembly from a legislative agent, received	1985
by the person in the person's own name or by any other person for	1986
the person's use or benefit during the preceding calendar year,	1987
except gifts received by will or by virtue of section 2105.06 of	1988
the Revised Code, or received from spouses, parents, grandparents,	1989
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	1990
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	1991
fathers-in-law, mothers-in-law, or any person to whom the person	1992
filing the statement stands in loco parentis, or received by way	1993
of distribution from any inter vivos or testamentary trust	1994
established by a spouse or by an ancestor;	1995

(8) Except as otherwise provided in section 102.022 of the	1996
Revised Code, identification of the source and amount of every	1997
payment of expenses incurred for travel to destinations inside or	1998
outside this state that is received by the person in the person's	1999
own name or by any other person for the person's use or benefit	2000
and that is incurred in connection with the person's official	2001
duties, except for expenses for travel to meetings or conventions	2002
of a national or state organization to which either house of the	2003
general assembly, any legislative agency, aany state agency,	2004
including, but not limited to, any legislative agency or state	2005
institution of higher education as defined in section 3345.031	2006
3345.011 of the Revised Code, any other state agencypays	2007
membership dues, or any political subdivision or any office or	2008
agency of a political subdivision pays membership dues;	2009

(9) Except as otherwise provided in section 102.022 of the	2010
Revised Code, identification of the source of payment of expenses	2011
for meals and other food and beverages, other than for meals and	2012
other food and beverages provided at a meeting at which the person	2013
participated in a panel, seminar, or speaking engagement or at a	2014
meeting or convention of a national or state organization to which	2015
either house of the general assembly, any legislative agency, a	2016
any state agency, including, but not limited to, any legislative	2017
agency or state institution of higher education as defined in	2018
section 3345.0313345.011 of the Revised Code, any other state	2019
agencypays membership dues, or any political subdivision or any	2020
office or agency of a political subdivision pays membership dues,	2021
that are incurred in connection with the person's official duties	2022
and that exceed one hundred dollars aggregated per calendar year;	2023

(10) If the financial disclosure statement is filed by a	2024
public official or employee described in division (B)(2) of	2025
section 101.73 of the Revised Code or division (B)(2) of section	2026
121.63 of the Revised Code who receives a statement from a	2027
legislative agent, executive agency lobbyist, or employer that	2028
contains the information described in division (F)(2) of section	2029
101.73 of the Revised Code or division (G)(2) of section 121.63 of	2030
the Revised Code, all of the nondisputed information contained in	2031
the statement delivered to that public official or employee by the	2032
legislative agent, executive agency lobbyist, or employer under	2033
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	2034
the Revised Code. As used in division (A)(10) of this section,	2035
"legislative agent,""executive agency lobbyist," and "employer"	2036
have the same meanings as in sections 101.70 and 121.60 of the	2037
Revised Code.	2038

A person may file a statement required by this section in	2039
person or by mail. A person who is a candidate for elective	2040
office shall file the statement no later than the thirtieth day	2041
before the primary, special, or general election at which the	2042
candidacy is to be voted on, whichever election occurs soonest,	2043
except that a person who is a write-in candidate shall file the	2044
statement no later than the twentieth day before the earliest	2045
election at which the person's candidacy is to be voted on. A	2046
person who holds elective office shall file the statement on or	2047
before the fifteenth day of April of each year unless the person	2048
is a candidate for office. A person who is appointed to fill a	2049
vacancy for an unexpired term in an elective office shall file the	2050
statement within fifteen days after the person qualifies for	2051
office. Other persons shall file an annual statement on or before	2052
the fifteenth day of April or, if appointed or employed after that	2053
date, within ninety days after appointment or employment. No	2054
person shall be required to file with the appropriate ethics	2055
commission more than one statement or pay more than one filing fee	2056
for any one calendar year.	2057

The appropriate ethics commission, for good cause, may extend	2058
for a reasonable time the deadline for filing a disclosure	2059
statement under this section.	2060

A statement filed under this section is subject to public	2061
inspection at locations designated by the appropriate ethics	2062
commission except as otherwise provided in this section.	2063

(B) The Ohio ethics commission, the joint legislative ethics	2064
committee, and the board of commissioners on grievances and	2065
discipline of the supreme court, using the rule-making procedures	2066
of Chapter 119. of the Revised Code, may require any class of	2067
public officials or employees under its jurisdiction and not	2068
specifically excluded by this section whose positions involve a	2069
substantial and material exercise of administrative discretion in	2070
the formulation of public policy, expenditure of public funds,	2071
enforcement of laws and rules of the state or a county or city, or	2072
the execution of other public trusts, to file an annual statement	2073
on or before the fifteenth day of April under division (A) of this	2074
section. The appropriate ethics commission shall send the public	2075
officials or employees written notice of the requirement by the	2076
fifteenth day of February of each year the filing is required	2077
unless the public official or employee is appointed after that	2078
date, in which case the notice shall be sent within thirty days	2079
after appointment, and the filing shall be made not later than	2080
ninety days after appointment.	2081

Except for disclosure statements filed by members of the	2082
board of trustees and the executive director of the tobacco use	2083
prevention and control foundation, members of the board of	2084
trustees and the executive director of the southern Ohio	2085
agricultural and community development foundation, and members and	2086
the executive director of the biomedical research and technology	2087
transfer commission, disclosure statements filed under this	2088
division with the Ohio ethics commission by members of boards,	2089
commissions, or bureaus of the state for which no compensation is	2090
received other than reasonable and necessary expenses shall be	2091
kept confidential. Disclosure statements filed with the Ohio	2092
ethics commission under division (A) of this section by business	2093
managers, treasurers, and superintendents of city, local, exempted	2094
village, joint vocational, or cooperative education school	2095
districts or educational service centers shall be kept	2096
confidential, except that any person conducting an audit of any	2097
such school district or educational service center pursuant to	2098
section 115.56 or Chapter 117. of the Revised Code may examine the	2099
disclosure statement of any business manager, treasurer, or	2100
superintendent of that school district or educational service	2101
center. The Ohio ethics commission shall examine each disclosure	2102
statement required to be kept confidential to determine whether a	2103
potential conflict of interest exists for the person who filed the	2104
disclosure statement. A potential conflict of interest exists if	2105
the private interests of the person, as indicated by the person's	2106
disclosure statement, might interfere with the public interests	2107
the person is required to serve in the exercise of the person's	2108
authority and duties in the person's office or position of	2109
employment. If the commission determines that a potential	2110
conflict of interest exists, it shall notify the person who filed	2111
the disclosure statement and shall make the portions of the	2112
disclosure statement that indicate a potential conflict of	2113
interest subject to public inspection in the same manner as is	2114
provided for other disclosure statements. Any portion of the	2115
disclosure statement that the commission determines does not	2116
indicate a potential conflict of interest shall be kept	2117
confidential by the commission and shall not be made subject to	2118
public inspection, except as is necessary for the enforcement of	2119
Chapters 102. and 2921. of the Revised Code and except as	2120
otherwise provided in this division.	2121

(C) No person shall knowingly fail to file, on or before the	2122
applicable filing deadline established under this section, a	2123
statement that is required by this section.	2124

(D) No person shall knowingly file a false statement that is	2125
required to be filed under this section.	2126

(E)(1) Except as provided in divisions (E)(2) and (3) of	2127
this section, on and after March 2, 1994, the statement required	2128
by division (A) or (B) of this section shall be accompanied by a	2129
filing fee of twenty-five dollars.	2130

(2) The statement required by division (A) of this section	2131
shall be accompanied by a filing fee to be paid by the person who	2132
is elected or appointed to, or is a candidate for, any of the	2133
following offices:	2134

(3) No judge of a court of record or candidate for judge of	2159
such a court of record, and no referee or magistrate serving a	2160
court of record, shall be required to pay the fee required under	2161
division (E)(1) or (2) or (F) of this section.	2162

(4) For any public official who is appointed to a	2163
nonelective office of the state and for any employee who holds a	2164
nonelective position in a public agency of the state, the state	2165
agency that is the primary employer of the state official or	2166
employee shall pay the fee required under division (E)(1) or (F)	2167
of this section.	2168

(F) If a statement required to be filed under this section	2169
is not filed by the date on which it is required to be filed, the	2170
appropriate ethics commission shall assess the person required to	2171
file the statement a late filing fee equal to one-half of the	2172
applicable filing fee for each day the statement is not filed,	2173
except that the total amount of the late filing fee shall not	2174
exceed one hundred dollars.	2175

(G)(1) The appropriate ethics commission other than the Ohio	2176
ethics commission shall deposit all fees it receives under	2177
divisions (E) and (F) of this section into the general revenue	2178
fund of the state.	2179

(2) The Ohio ethics commission shall deposit all receipts,	2180
including, but not limited to, fees it receives under divisions	2181
(E) and (F) of this section and all moneys it receives from	2182
settlements under division (G) of section 102.06 of the Revised	2183
Code, into the Ohio ethics commission fund, which is hereby	2184
created in the state treasury. All moneys credited to the fund	2185
shall be used solely for expenses related to the operation and	2186
statutory functions of the commission.	2187

(H) Division (A) of this section does not apply to a person	2188
elected or appointed to the office of precinct, ward, or district	2189
committee member under Chapter 3517. of the Revised Code; a	2190
presidential elector; a delegate to a national convention; village	2191
or township officials and employees; any physician or psychiatrist	2192
who is paid a salary or wage in accordance with schedule C of	2193
section 124.15 or schedule E-2 of section 124.152 of the Revised	2194
Code and whose primary duties do not require the exercise of	2195
administrative discretion; or any member of a board, commission,	2196
or bureau of any county or city who receives less than one	2197
thousand dollars per year for serving in that position.	2198

Sec. 102.03.  (A)(1) No present or former public official or	2199
employee shall, during public employment or service or for twelve	2200
months thereafter, represent a client or act in a representative	2201
capacity for any person on any matter in which the public official	2202
or employee personally participated as a public official or	2203
employee through decision, approval, disapproval, recommendation,	2204
the rendering of advice, investigation, or other substantial	2205
exercise of administrative discretion.	2206

(2) For twenty-four months after the conclusion of service,	2207
no former commissioner or attorney examiner of the public	2208
utilities commission shall represent a public utility, as defined	2209
in section 4905.02 of the Revised Code, or act in a representative	2210
capacity on behalf of such a utility before any state board,	2211
commission, or agency.	2212

(3) For twenty-four months after the conclusion of	2213
employment or service, no former public official or employee who	2214
personally participated as a public official or employee through	2215
decision, approval, disapproval, recommendation, the rendering of	2216
advice, the development or adoption of solid waste management	2217
plans, investigation, inspection, or other substantial exercise of	2218
administrative discretion under Chapter 343. or 3734. of the	2219
Revised Code shall represent a person who is the owner or operator	2220
of a facility, as defined in section 3734.01 of the Revised Code,	2221
or who is an applicant for a permit or license for a facility	2222
under that chapter, on any matter in which the public official or	2223
employee personally participated as a public official or employee.	2224

(4) For a period of one year after the conclusion of	2225
employment or service as a member or employee of the general	2226
assembly, no former member or employee of the general assembly	2227
shall represent, or act in a representative capacity for, any	2228
person on any matter before the general assembly, any committee of	2229
the general assembly, or the controlling board. Division (A)(4)	2230
of this section does not apply to or affect a person who separates	2231
from service with the general assembly on or before December 31,	2232
1995. As used in division (A)(4) of this section "person" does	2233
not include any state agency or political subdivision of the	2234
state.	2235

(5) As used in divisions (A)(1), (2), and (3) of this	2236
section, "matter" includes any case, proceeding, application,	2237
determination, issue, or question, but does not include the	2238
proposal, consideration, or enactment of statutes, rules,	2239
ordinances, resolutions, or charter or constitutional amendments.	2240
As used in division (A)(4) of this section, "matter" includes the	2241
proposal, consideration, or enactment of statutes, resolutions, or	2242
constitutional amendments. As used in division (A) of this	2243
section, "represent" includes any formal or informal appearance	2244
before, or any written or oral communication with, any public	2245
agency on behalf of any person.	2246

(6) Nothing contained in division (A) of this section shall	2247
prohibit, during such period, a former public official or employee	2248
from being retained or employed to represent, assist, or act in a	2249
representative capacity for the public agency by which the public	2250
official or employee was employed or on which the public official	2251
or employee served.	2252

(7) Division (A) of this section shall not be construed to	2253
prohibit the performance of ministerial functions, including, but	2254
not limited to, the filing or amendment of tax returns,	2255
applications for permits and licenses, incorporation papers, and	2256
other similar documents.	2257

(B) No present or former public official or employee shall	2258
disclose or use, without appropriate authorization, any	2259
information acquired by the public official or employee in the	2260
course of the public official's or employee's official duties that	2261
is confidential because of statutory provisions, or that has been	2262
clearly designated to the public official or employee as	2263
confidential when that confidential designation is warranted	2264
because of the status of the proceedings or the circumstances	2265
under which the information was received and preserving its	2266
confidentiality is necessary to the proper conduct of government	2267
business.	2268

(C) No public official or employee shall participate within	2269
the scope of duties as a public official or employee, except	2270
through ministerial functions as defined in division (A) of this	2271
section, in any license or rate-making proceeding that directly	2272
affects the license or rates of any person, partnership, trust,	2273
business trust, corporation, or association in which the public	2274
official or employee or immediate family owns or controls more	2275
than five per cent. No public official or employee shall	2276
participate within the scope of duties as a public official or	2277
employee, except through ministerial functions as defined in	2278
division (A) of this section, in any license or rate-making	2279
proceeding that directly affects the license or rates of any	2280
person to whom the public official or employee or immediate	2281
family, or a partnership, trust, business trust, corporation, or	2282
association of which the public official or employee or the public	2283
official's or employee's immediate family owns or controls more	2284
than five per cent, has sold goods or services totaling more than	2285
one thousand dollars during the preceding year, unless the public	2286
official or employee has filed a written statement acknowledging	2287
that sale with the clerk or secretary of the public agency and the	2288
statement is entered in any public record of the agency's	2289
proceedings. This division shall not be construed to require the	2290
disclosure of clients of attorneys or persons licensed under	2291
section 4732.12 or 4732.15 of the Revised Code, or patients of	2292
persons certified under section 4731.14 of the Revised Code.	2293

(D) No public official or employee shall use or authorize	2294
the use of the authority or influence of office or employment to	2295
secure anything of value or the promise or offer of anything of	2296
value that is of such a character as to manifest a substantial and	2297
improper influence upon the public official or employee with	2298
respect to that person's duties.	2299

(E) No public official or employee shall solicit or accept	2300
anything of value that is of such a character as to manifest a	2301
substantial and improper influence upon the public official or	2302
employee with respect to that person's duties.	2303

(F) No person shall promise or give to a public official or	2304
employee anything of value that is of such a character as to	2305
manifest a substantial and improper influence upon the public	2306
official or employee with respect to that person's duties.	2307

(G) In the absence of bribery or another offense under the	2308
Revised Code or a purpose to defraud, contributions made to a	2309
campaign committee, political party, legislative campaign fund,	2310
political action committee, or political contributing entity on	2311
behalf of an elected public officer or other public official or	2312
employee who seeks elective office shall be considered to accrue	2313
ordinarily to the public official or employee for the purposes of	2314
divisions (D), (E), and (F) of this section.	2315

As used in this division, "contributions," "campaign	2316
committee," "political party," "legislative campaign fund,"	2317
"political action committee," and "political contributing entity"	2318
have the same meanings as in section 3517.01 of the Revised Code.	2319

(H) No public official or employee, except for the president	2320
or other chief administrative officer of or a member of a board of	2321
trustees of a state institution of higher education as defined in	2322
section 3345.011 of the Revised Code, who is required to file a	2323
financial disclosure statement under section 102.02 of the Revised	2324
Code shall solicit or accept, and no person shall give to that	2325
public official or employee, an honorarium. This division and	2326
divisions (D), (E), and (F) of this section do not prohibit a	2327
public official or employee who is required to file a financial	2328
disclosure statement under section 102.02 of the Revised Code from	2329
accepting and do not prohibit a person from giving to that public	2330
official or employee the payment of actual travel expenses,	2331
including any expenses incurred in connection with the travel for	2332
lodging, and meals, food, and beverages provided to the public	2333
official or employee at a meeting at which the public official or	2334
employee participates in a panel, seminar, or speaking engagement	2335
or provided to the public official or employee at a meeting or	2336
convention of a national organization to which either house of the	2337
general assembly, any legislative agency, or any other state	2338
agency, including, but not limited to, any state legislative	2339
agencyor state institution of higher education as defined in	2340
section 3345.011 of the Revised Code, pays membership dues. This	2341
division and divisions (D), (E), and (F) of this section do not	2342
prohibit a public official or employee who is not required to file	2343
a financial disclosure statement under section 102.02 of the	2344
Revised Code from accepting and do not prohibit a person from	2345
promising or giving to that public official or employee an	2346
honorarium or the payment of travel, meal, and lodging expenses if	2347
the honorarium, expenses, or both were paid in recognition of	2348
demonstrable business, professional, or esthetic interests of the	2349
public official or employee that exist apart from public office or	2350
employment, including, but not limited to, such a demonstrable	2351
interest in public speaking and were not paid by any person or	2352
other entity, or by any representative or association of those	2353
persons or entities, that is regulated by, doing business with, or	2354
seeking to do business with the department, division, institution,	2355
board, commission, authority, bureau, or other instrumentality of	2356
the governmental entity with which the public official or employee	2357
serves.	2358

(I) A public official or employee may accept travel, meals,	2359
and lodging or expenses or reimbursement of expenses for travel,	2360
meals, and lodging in connection with conferences, seminars, and	2361
similar events related to official duties if the travel, meals,	2362
and lodging, expenses, or reimbursement is not of such a character	2363
as to manifest a substantial and improper influence upon the	2364
public official or employee with respect to that person's duties.	2365
The house of representatives and senate, in their code of ethics,	2366
and the Ohio ethics commission, under section 111.15 of the	2367
Revised Code, may adopt rules setting standards and conditions for	2368
the furnishing and acceptance of such travel, meals, and lodging,	2369
expenses, or reimbursement.	2370

A person who acts in compliance with this division and any	2371
applicable rules adopted under it, or any applicable, similar	2372
rules adopted by the supreme court governing judicial officers and	2373
employees, does not violate division (D), (E), or (F) of this	2374
section. This division does not preclude any person from seeking	2375
an advisory opinion from the appropriate ethics commission under	2376
section 102.08 of the Revised Code.	2377

(J) For purposes of divisions (D), (E), and (F) of this	2378
section, the membership of a public official or employee in an	2379
organization shall not be considered, in and of itself, to be of	2380
such a character as to manifest a substantial and improper	2381
influence on the public official or employee with respect to that	2382
person's duties. As used in this division, "organization" means a	2383
church or a religious, benevolent, fraternal, or professional	2384
organization that is tax exempt under subsection 501(a) and	2385
described in subsection 501(c)(3), (4), (8), (10), or (19) of the	2386
"Internal Revenue Code of 1986." This division does not apply to	2387
a public official or employee who is an employee of an	2388
organization, serves as a trustee, director, or officer of an	2389
organization, or otherwise holds a fiduciary relationship with an	2390
organization. This division does not allow a public official or	2391
employee who is a member of an organization to participate,	2392
formally or informally, in deliberations, discussions, or voting	2393
on a matter or to use his official position with regard to the	2394
interests of the organization on the matter if the public official	2395
or employee has assumed a particular responsibility in the	2396
organization with respect to the matter or if the matter would	2397
affect that person's personal, pecuniary interests.	2398

(K) It is not a violation of this section for a prosecuting	2399
attorney to appoint assistants and employees in accordance with	2400
division (B) of section 309.06 and section 2921.421 of the Revised	2401
Code, for a chief legal officer of a municipal corporation or an	2402
official designated as prosecutor in a municipal corporation to	2403
appoint assistants and employees in accordance with sections	2404
733.621 and 2921.421 of the Revised Code, for a township law	2405
director appointed under section 504.15 of the Revised Code to	2406
appoint assistants and employees in accordance with sections	2407
504.151 and 2921.421 of the Revised Code, or for a coroner to	2408
appoint assistants and employees in accordance with division (B)	2409
of section 313.05 of the Revised Code.	2410

As used in this division, "chief legal officer" has the same	2411
meaning as in section 733.621 of the Revised Code.	2412

Sec. 102.031.  (A) As used in this section:

2413

(1) "Actively advocating," "employer," "financial	2414
transaction," "legislation," and "legislative agent" have the same	2415
meanings as in section 101.70 of the Revised Code.	2416

(2) "Business associate" means a person with whom a member	2417
of the general assembly is conducting or undertaking a financial	2418
transaction.	2419

(3) "Contribution" has the same meaning as in section	2420
3517.01 of the Revised Code.	2421

(4) "Employee" does not include a member of the general	2422
assembly whose nonlegislative position of employment does not	2423
involve the performance of or the authority to perform	2424
administrative or supervisory functions; or whose nonlegislative	2425
position of employment, if hethe member is a public employee,	2426
does not involve a substantial and material exercise of	2427
administrative discretion in the formulation of public policy,	2428
expenditure of public funds, enforcement of laws and rules of the	2429
state or a county or city, or execution of other public trusts.	2430

(B) No member of the general assembly shall vote on any	2431
legislation that hethe member knows is then being actively	2432
advocated if hethe member is one of the following with respect to	2433
a legislative agent or employer that is then actively advocating	2434
on that legislation:	2435

(1) An employee;

2436

(2) A business associate;

2437

(3) A person, other than an employee, who is hired under	2438
contract to perform certain services and such position involves a	2439
substantial and material exercise of administrative discretion in	2440
the formulation of public policy.	2441

(C) No member of the general assembly shall knowingly accept	2442
any of the following from a legislative agent:	2443

(1) The payment of any expenses for travel or lodging except	2444
as otherwise authorized by division (H) of section 102.03 of the	2445
Revised Code;	2446

(2) More than seventy-five dollars aggregated per calendar	2447
year as payment for meals and other food and beverages, other than	2448
for those meals and other food and beverages provided to the	2449
member at a meeting at which the member participates in a panel,	2450
seminar, or speaking engagement, at a meeting or convention of a	2451
national organization to which either house of the general	2452
assembly, any legislative agency, or any other state agency,	2453
including, but not limited to, any legislative agencyor state	2454
institution of higher education as defined in section 3345.011 of	2455
the Revised Code, pays membership dues, or at a dinner, party, or	2456
function to which all members of the general assembly or all	2457
members of either house of the general assembly are invited;	2458

(3) A gift of any amount in the form of cash or the	2459
equivalent of cash, or a gift of any other thing of value whose	2460
value exceeds seventy-five dollars. As used in division (C)(3) of	2461
this section, "gift" does not include any contribution or any	2462
gifts of meals and other food and beverages or the payment of	2463
expenses incurred for travel to destinations either inside or	2464
outside this state that is received by the member of the general	2465
assembly and that is incurred in connection with the member's	2466
official duties.	2467

(D) It is not a violation of division (C)(2) of this section	2468
if, within sixty days after receiving notice from a legislative	2469
agent that the legislative agent has provided a member of the	2470
general assembly with more than seventy-five dollars aggregated in	2471
a calendar year as payment for meals and other food and beverages,	2472
the member of the general assembly returns to that legislative	2473
agent the amount received that exceeds seventy-five dollars.	2474

(E) The joint legislative ethics committee may impose a fine	2475
of not more than one thousand dollars upon a member of the general	2476
assembly who violates division (B) of this section.	2477

Sec. 102.06.  (A) The appropriate ethics commission shall	2478
receive and may initiate complaints against persons subject to	2479
Chapter 102. of the Revised Code concerning conduct alleged to be	2480
in violation of this chapter or section 2921.42 or 2921.43 of the	2481
Revised Code. All complaints except those by the commission shall	2482
be by affidavit made on personal knowledge, subject to the	2483
penalties of perjury. Complaints by the commission shall be by	2484
affidavit, based upon reasonable cause to believe that a violation	2485
has occurred.	2486

(B) The commission shall investigate complaints, may	2487
investigate charges presented to it, and may request further	2488
information, including the specific amount of income from a	2489
source, from any person filing with the commission a statement	2490
required by section 102.02 of the Revised Code, if the information	2491
sought is directly relevant to a complaint or charges received by	2492
the commission pursuant to this section. This information is	2493
confidential, except that the commission, at its discretion, may	2494
share information gathered in the course of any investigation	2495
with, or disclose the information to, the inspector general, any	2496
appropriate prosecuting authority, any law enforcement agency, or	2497
any other appropriate ethics commission. The person so requested	2498
shall furnish the information to the commission, unless within	2499
fifteen days from the date of the request the person files an	2500
action for declaratory judgment challenging the legitimacy of the	2501
request in the court of common pleas of the county of histhe	2502
person's residence, histhe person's place of employment, or	2503
Franklin county. The requested information need not be furnished	2504
to the commission during the pendency of the judicial proceedings.	2505
Proceedings of the commission in connection with the declaratory	2506
judgment action shall be kept confidential except as otherwise	2507
provided by this section. Before the commission proceeds to take	2508
any formal action against a person who is the subject of an	2509
investigation based on charges presented to the commission, a	2510
complaint shall be filed against the person. If the commission	2511
finds that a complaint is not frivolous, and there is reasonable	2512
cause to believe that the facts alleged in a complaint constitute	2513
a violation of section 102.02, 102.03, 102.04, 102.07, 2921.42, or	2514
2921.43 of the Revised Code, it shall hold a hearing. If the	2515
commission does not so find, it shall dismiss the complaint and	2516
notify the accused person in writing of the dismissal of the	2517
complaint. The commission shall not make a report of its finding	2518
unless the accused person requests a report. Upon the request of	2519
the accused person, the commission shall make a public report of	2520
its finding. The person against whom the complaint is directed	2521
shall be given reasonable notice by certified mail of the date,	2522
time, and place of the hearing and a statement of the charges and	2523
the law directly involved and shall be given the opportunity to be	2524
represented by counsel, to have counsel appointed for himthe	2525
person if hethe person is unable to afford counsel without undue	2526
hardship, to examine the evidence against himthe person, to	2527
produce evidence and to call and subpoena witnesses in histhe	2528
person's defense, to confront histhe person's accusers, and to	2529
cross-examine witnesses. The commission shall have a stenographic	2530
record made of the hearing. The hearing shall be closed to the	2531
public.	2532

(C)(1)(a) If upon the basis of the hearing, the commission	2533
finds by a preponderance of the evidence that the facts alleged in	2534
the complaint are true and constitute a violation of section	2535
102.02, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised	2536
Code, it shall report its findings to the appropriate prosecuting	2537
authority for proceedings in prosecution of the violation and to	2538
the appointing or employing authority of the accused.	2539

(b) If the Ohio ethics commission reports its findings to	2540
the appropriate prosecuting authority under division (C)(1)(a) of	2541
this section and the prosecuting authority has not initiated any	2542
official action on those findings within ninety days after	2543
receiving the commission's report of them, then the commission may	2544
publicly comment that no official action has been taken on its	2545
findings, except that the commission shall make no comment in	2546
violation of the Rules of Criminal Procedure or about any	2547
indictment that has been sealed pursuant to any law or those	2548
rules. The commission shall make no comment regarding the merits	2549
of its findings. As used in division (C)(1)(b) of this section,	2550
"official action" means prosecution, closure after investigation,	2551
or grand jury action resulting in a true bill of indictment or no	2552
true bill of indictment.	2553

(2) If the appropriate ethics commission does not find by a	2554
preponderance of the evidence that the facts alleged in the	2555
complaint are true and constitute a violation of section 102.02,	2556
102.03, 102.04, 102.07, 2921.42, or 2921.43 of the Revised Code or	2557
if the commission has not scheduled a hearing within ninety days	2558
after the complaint is filed or has not finally disposed of the	2559
complaint within six months after it has been heard, it shall	2560
dismiss the complaint and notify the accused person in writing of	2561
the dismissal of the complaint. The commission shall not make a	2562
report of its finding unless the accused person requests a report.	2563
Upon the request of the accused person, the commission shall make	2564
a public report of the finding, but in this case all evidence and	2565
the record of the hearing shall remain confidential unless the	2566
accused person also requests that the evidence and record be made	2567
public. Upon request by the accused person, the commission shall	2568
make the evidence and the record available for public inspection.	2569

(D) The commission, or a member of the commission, may	2570
administer oaths, and the commission may issue subpoenas to any	2571
person in the state compelling the attendance of witnesses and the	2572
production of relevant papers, books, accounts, and records. The	2573
commission shall issue subpoenas to compel the attendance of	2574
witnesses and the production of documents upon the request of an	2575
accused person. Section 101.42 of the Revised Code shall govern	2576
the issuance of these subpoenas insofar as applicable. Upon the	2577
refusal of any person to obey a subpoena or to be sworn or to	2578
answer as a witness, the commission may apply to the court of	2579
common pleas of Franklin county under section 2705.03 of the	2580
Revised Code. The court shall hold proceedings in accordance with	2581
Chapter 2705. of the Revised Code. The commission or the accused	2582
person may take the depositions of witnesses residing within or	2583
without the state in the same manner as prescribed by law for the	2584
taking of depositions in civil actions in the court of common	2585
pleas.	2586

(E) At least once each year, the Ohio ethics commission	2587
shall report on its activities of the immediately preceding year	2588
to the majority and minority leaders of the senate and house of	2589
representatives of the general assembly. The report shall	2590
indicate the total number of complaints received, initiated, and	2591
investigated by the commission, the total number of complaints for	2592
which formal hearings were held, and the total number of	2593
complaints for which formal prosecution was recommended or	2594
requested by the commission. The report also shall indicate the	2595
nature of the inappropriate conduct alleged in each complaint and	2596
the governmental entity with which any employee or official that	2597
is the subject of a complaint was employed at the time of the	2598
alleged inappropriate conduct.	2599

(F) All papers, records, affidavits, and documents upon any	2600
complaint, inquiry, or investigation relating to the proceedings	2601
of the appropriate commission shall be sealed and are private and	2602
confidential, except as otherwise provided in this section and	2603
section 102.07 of the Revised Code.	2604

(G)(1) When a complaint or charge is before it, the Ohio	2605
ethics commission or the appropriate prosecuting authority, in	2606
consultation with the person filing the complaint or charge, the	2607
accused, and any other person the commission or prosecuting	2608
authority considers necessary, may compromise or settle the	2609
complaint or charge with the agreement of the accused. The	2610
compromise or settlement may include mediation, restitution,	2611
rescission of affected contracts, forfeiture of any benefits	2612
resulting from a violation or potential violation of law,	2613
resignation of a public official or employee, or any other relief	2614
that is agreed upon between the commission or prosecuting	2615
authority and the accused.	2616

(2) Any settlement agreement entered into under division	2617
(G)(1) of this section shall be in writing and be accompanied by a	2618
statement of the findings of the commission or prosecuting	2619
authority and the reasons for entering into the agreement. The	2620
commission or prosecuting authority shall retain the agreement and	2621
statement in itsthe commission's or hisprosecuting attorney's	2622
office and, in itsthe commission's or hisprosecuting authority's	2623
discretion, may make the agreement, the statement, and any	2624
supporting information public, unless the agreement provides	2625
otherwise.	2626

(3) If a settlement agreement is breached by the accused,	2627
the commission or prosecuting authority, in itsthe commission's	2628
or hisprosecuting authority's discretion, may rescind the	2629
agreement and reinstitute any investigation, hearing, or	2630
prosecution of the accused. No information obtained from the	2631
accused in reaching the settlement that is not otherwise	2632
discoverable from the accused shall be used in any proceeding	2633
before the commission or by the appropriate prosecuting authority	2634
in prosecuting the violation. Notwithstanding any other section of	2635
the Revised Code, if a settlement agreement is breached, any	2636
statute of limitations for a violation of this chapter or section	2637
2921.42 or 2921.43 of the Revised Code is tolled from the date the	2638
complaint or charge is filed until the date the settlement	2639
agreement is breached.	2640

Sec. 103.143.  In addition to its duties under section 103.14	2641
of the Revised Code, the legislative budget office of the	2642
legislative service commission shall, in accordance with this	2643
section, review all bills assigned to a committee of the general	2644
assembly, complete the appropriate local impact statements	2645
required by this section, and compile and distribute these	2646
statements as required by division (D) of this section.	2647

(A) Subject to division (F) of this section, whenever any	2648
bill is introduced into either house of the general assembly and	2649
receives second consideration pursuant to the rules of that house,	2650
the bill shall be reviewed immediately by the legislative budget	2651
officer. Upon completing this review, the legislative budget	2652
officer shall determine whether the bill could result in a net	2653
additional cost to school districts, counties, townships, or	2654
municipal corporations from any new or expanded program or service	2655
that school districts, counties, townships, or municipal	2656
corporations would be required to perform or administer under the	2657
bill. If the legislative budget officer determines that it could	2658
result in such a cost, the legislative budget officeservice	2659
commission shall prepare a local impact statement in the manner	2660
specified in this section. Immediately upon determining the	2661
potential for a net additional cost, the legislative budget	2662
officer shall notify the sponsor of the bill, the chairperson of	2663
the committee to which the bill has been assigned, and the	2664
presiding officer and minority leader of the house in which the	2665
bill originates of the legislative budget officer's determination	2666
by signing and dating a statement to be delivered to them.	2667

If a local impact statement is required, the legislative	2668
budget officeservice commission shall, as soon as possible but no	2669
later than thirty days after the date the bill is scheduled for a	2670
first hearing in a committee in the house in which the bill was	2671
introduced or no later than thirty days after being requested to	2672
do so by the chairperson of such a committee, prepare a statement	2673
containing the most accurate estimate possible, in dollars, of the	2674
net additional costs, if any, that will be required of school	2675
districts, counties, townships, or municipal corporations to	2676
perform or administer a new or expanded program or service	2677
required under the bill. Copies of this statement shall be sent	2678
to the governor, the speaker of the house of representatives, the	2679
president of the senate, the sponsor of the bill, the minority	2680
leader in both houses, and the chairperson of the committee to	2681
which the bill has been assigned.	2682

No bill for which a local impact statement is required by	2683
this section shall be voted out of committee until after the	2684
committee members have received and considered the statement or,	2685
if the bill was amended in committee, the revised statement,	2686
unless the bill is voted out of committee by a two-thirds vote of	2687
the membership of the committee.	2688

(B) In preparing a local impact statement, the legislative	2689
budget officeservice commission may request any department,	2690
division, institution, board, commission, authority, bureau, or	2691
other instrumentality or officer of the state, a school district,	2692
a county, a municipal corporation, or a township to provide any of	2693
the following information:	2694

(1) An estimate, in dollars, of the amount by which the bill	2695
would increase or decrease the revenues received or expenditures	2696
made by the instrumentality, officer, or entity;	2697

(2) Any other information the legislative budget office	2698
service commission considers necessary for it to understand or	2699
explain the fiscal effect of the bill.	2700

An instrumentality, officer, or entity shall comply with a	2701
request as soon as reasonably possible, but not later than fifteen	2702
days, after receiving it. The legislative budget officeservice	2703
commission shall specify the manner of compliance in its request,	2704
and if necessary may specify a period of time longer than fifteen	2705
days for compliance. The legislative budget officeservice	2706
commission may consider any information provided under division	2707
(B)(1) or (2) of this section in preparing a local impact	2708
statement.	2709

(C) Any time a bill is amended, the legislative budget	2710
officeservice commission shall, as soon as reasonably possible,	2711
revise the local impact statement to reflect changes made by	2712
amendment.	2713

(D) The legislative budget officeservice commission shall	2714
annually compile the final local impact statements completed for	2715
all laws passed by both houses of the general assembly in the	2716
preceding year. It shall send a copy of this compilation as a	2717
draft report to the state and local government commission and to	2718
associations or nonprofit organizations formed for the improvement	2719
of school districts or municipal, township, or county government	2720
or for their elected officials by the last day of July of each	2721
year. Upon receiving the draft report, the state and local	2722
government commission shall solicit comments from these	2723
associations and organizations may comment about the actual fiscal	2724
impact of bills passed during the year covered by the report. The	2725
commission shall review and comment on the draft report before	2726
returning it to the legislative budget office, along with theand	2727
forward those comments of the associations and organizations,to	2728
the legislative service commission by the last day of August. The	2729
legislative budget officeservice commission shall then prepare a	2730
final report consisting of the compiled local impact statements	2731
and all forwarded comments returned by the state and local	2732
government commission. The final report shall be completed by the	2733
last day of September and copies of the report shall be sent to	2734
the governor, the speaker of the house of representatives, and the	2735
president of the senate.	2736

(E) As used in this section, "net additional cost" means any	2737
cost incurred or anticipated to be incurred by a school district,	2738
county, township, or municipal corporation in performing or	2739
administering a new or expanded program or service required by a	2740
state law other than any of the following:	2741

(1) A cost arising from the exercise of authority granted by	2742
a state law rather than from the performance of a duty or	2743
obligation imposed by a state law;	2744

(2) New duties or obligations that create only a minimal	2745
cost for affected school districts, counties, townships, or	2746
municipal corporations. The legislative budget officeservice	2747
commission shall determine what constitutes such a minimal cost.	2748
Before making this determination, the legislative budget office	2749
service commission shall notify the state organizations that	2750
represent school districts, counties, townships, and municipal	2751
corporations regarding the proposed determination and provide a	2752
thirty-day period for these organizations and individual school	2753
districts, counties, townships, and municipal corporations to	2754
comment on it.	2755

(3) A cost arising from a law passed as a result of a	2756
federal mandate.	2757

The amounts described in division (E)(2) of this section	2758
include only the amounts remaining after subtracting from such	2759
costs any revenues received or receivable by the school district,	2760
county, township, or municipal corporation on account of the	2761
program or service, including the following:	2762

(a) Fees charged to the recipients of the program or	2763
service;	2764

(b) State or federal aid paid specifically or categorically	2765
in connection with the program or service;	2766

(c) Any offsetting savings resulting from the diminution or	2767
elimination of any other program or service directly attributable	2768
to the performance or administration of the required program or	2769
service.	2770

(F) This section does not apply to any of the following:

2771

(1) The main biennial operating appropriations bill;

2772

(2) The biennial operating appropriations bill for state	2773
agencies supported by motor fuel tax revenue;	2774

(3) The biennial operating appropriations bill or bills for	2775
the bureau of workers' compensation and the industrial commission;	2776

(4) Any other bill that makes the principal biennial	2777
operating appropriations for one or more state agencies;	2778

(5) The bill that primarily contains corrections and	2779
supplemental appropriations to the biennial operating	2780
appropriations bills;	2781

(6) The main biennial capital appropriations bill;

2782

(7) The bill that primarily contains reappropriations from	2783
previous capital appropriations bills.	2784

Sec. 103.33. This section shall be known as "The Community	2785
Organizations Access Procedure Act."	2786

Any state agency that is eligible to receive federal funds	2787
under a federal grant program and that cannot or has decided that	2788
it will not participate fully in the program shall promptly report	2789
both of the following to the joint legislative committee on	2790
federal funds:	2791

(A) That the agency cannot or has decided that it will not	2792
participate fully in the program, along with the reason;	2793

(B) Whether there is some means allowable under federal law	2794
by which counties or not-for-profit organizations can receive the	2795
federal funds to participate in the program, as by being agents or	2796
grantees of the agency.	2797

If there is a means whereby counties or not-for-profit	2798
organizations can so participate in the program, the agency shall	2799
post on a generally accessible internet website detailed	2800
information about the program and the means by which the counties	2801
or not-for-profit organizations can participate in the program.	2802
The information shall be posted within ample time for the counties	2803
or not-for-profit organizations to participate fully in the	2804
program. Any county interested in participating in the program	2805
shall apply to the agency on its own behalf. Any county that is	2806
willing to be the fiscal agent for a not-for-profit organization	2807
interested in participating and qualified to participate in the	2808
program, or that arranges with a responsible organization to be	2809
the fiscal agent for the program in the county, shall advertise or	2810
otherwise inform such organizations about the program and shall	2811
apply to the agency in conjunction with or on behalf of the	2812
not-for-profit organization. The agency shall accept applications	2813
from the counties on a first-come, first-served basis, shall apply	2814
to the federal government for the funds, and shall pay the federal	2815
funds to the counties when available.	2816

As used in this section, "not-for-profit organizations" means	2817
organizations, including faith-based organizations, exempt from	2818
federal income taxation under section 501(c)(3) of the "Internal	2819
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as	2820
amended.	2821

Sec. 105.41.  (A) There is hereby created the capitol square	2822
review and advisory board, consisting of nine members as follows:	2823

(1) Two members of the senate, appointed by the president of	2824
the senate, both of whom shall not be members of the same	2825
political party;	2826

(2) Two members of the house of representatives, appointed	2827
by the speaker of the house of representatives, both of whom shall	2828
not be members of the same political party;	2829

(3) Five members appointed by the governor, with the advice	2830
and consent of the senate, not more than three of whom shall be	2831
members of the same political party, one of whom shall represent	2832
the office of the state architect and engineer, one of whom shall	2833
represent the Ohio arts council, one of whom shall represent the	2834
Ohio historical society, one of whom shall represent the Ohio	2835
building authority, and one of whom shall represent the public at	2836
large.	2837

(B) Terms of office of each appointed member of the board	2838
shall be for three years, except that members of the general	2839
assembly appointed to the board shall be members of the board only	2840
so long as they are members of the general assembly. Each member	2841
shall hold office from the date of the member's appointment until	2842
the end of the term for which the member was appointed. In case	2843
of a vacancy occurring on the board, the president of the senate,	2844
the speaker of the house of representatives, or the governor, as	2845
the case may be, shall in the same manner prescribed for the	2846
regular appointment to the commission, fill the vacancy by	2847
appointing a member. Any member appointed to fill a vacancy	2848
occurring prior to the expiration of the term for which the	2849
member's predecessor was appointed shall hold office for the	2850
remainder of the term. Any member shall continue in office	2851
subsequent to the expiration date of the member's term until the	2852
member's successor takes office, or until a period of sixty days	2853
has elapsed, whichever occurs first.	2854

(C) The board shall hold meetings in a manner and at times	2855
prescribed by the rules adopted by the board. A majority of the	2856
board constitutes a quorum, and no action shall be taken by the	2857
board unless approved by at least five voting members. At its	2858
first meeting, the board shall adopt rules for the conduct of its	2859
business and the election of its officers, and shall organize by	2860
selecting a chairperson and other officers as it considers	2861
necessary. Board members shall serve without compensation but	2862
shall be reimbursed for actual and necessary expenses incurred in	2863
the performance of their duties.	2864

(D) The board may do any of the following:

2865

(1) Employ or hire on a consulting basis professional,	2866
technical, and clerical employees as are necessary for the	2867
performance of its duties;	2868

(2) Hold public hearings at times and places as determined	2869
by the board;	2870

(3) Adopt, amend, or rescind rules necessary to accomplish	2871
the duties of the board as set forth in this section;	2872

(4) Sponsor, conduct, and support such social events as the	2873
board may authorize and consider appropriate for the employees of	2874
the board, employees and members of the general assembly,	2875
employees of persons under contract with the board or otherwise	2876
engaged to perform services on the premises of capitol square, or	2877
other persons as the board may consider appropriate. Subject to	2878
the requirements of Chapter 4303. of the Revised Code, the board	2879
may provide beer, wine, and intoxicating liquor, with or without	2880
charge, for suchthose events and may use funds only from the sale	2881
of goods and services fund to purchase the beer, wine, and	2882
intoxicating liquor the board provides.	2883

(E) The board shall do all of the following:

2884

(1) Have sole authority to coordinate and approve any	2885
improvements, additions, and renovations that are made to the	2886
capitol square. The improvements shall include, but not be	2887
limited to, the placement of monuments and sculpture on the	2888
capitol grounds.	2889

(2) OperateSubject to section 3353.07 of the Revised Code,	2890
operate the capitol square, and have sole authority to regulate	2891
all uses of the capitol square. The uses shall include, but not	2892
be limited to, the casual and recreational use of the capitol	2893
square.	2894

(3) Employ, fix the compensation of, and prescribe the	2895
duties of the executive director of the board and such other	2896
employees as the board considers necessary for the performance of	2897
its powers and duties;	2898

(4) Establish and maintain the capitol collection trust. The	2899
capitol collection trust shall consist of furniture, antiques, and	2900
other items of personal property that the board shall store in	2901
suitable facilities until they are ready to be placed in the	2902
capitol square.	2903

(5) Perform such repair, construction, contracting,	2904
purchasing, maintenance, supervisory, and operating activities as	2905
the board determines are necessary for the operation and	2906
maintenance of the capitol square;	2907

(6) Maintain and preserve the capitol square, in accordance	2908
with guidelines issued by the United States secretary of the	2909
interior for application of the secretary's standards for	2910
rehabilitation adopted in 36 C.F.R. part 67.	2911

(F)(1) The capitol square review and advisory board shall	2912
lease capital facilities improved or financed by the Ohio building	2913
authority pursuant to Chapter 152. of the Revised Code for the use	2914
of the board, and may enter into any other agreements with the	2915
authority ancillary to improvement, financing, or leasing of such	2916
those capital facilities, including, but not limited to, any	2917
agreement required by the applicable bond proceedings authorized	2918
by Chapter 152. of the Revised Code. Any lease of capital	2919
facilities authorized by this section shall be governed by	2920
division (D) of section 152.24 of the Revised Code.	2921

(2) Fees, receipts, and revenues received by the capitol	2922
square review and advisory board from the state underground	2923
parking garage constitute available receipts as defined in section	2924
152.09 of the Revised Code, and may be pledged to the payment of	2925
bond service charges on obligations issued by the Ohio building	2926
authority pursuant to Chapter 152. of the Revised Code to improve	2927
or finance capital facilities useful to the board. The authority	2928
may, with the consent of the board, provide in the bond	2929
proceedings for a pledge of all or sucha portion of suchthose	2930
fees, receipts, and revenues as the authority determines. The	2931
authority may provide in the bond proceedings or by separate	2932
agreement with the board for the transfer of suchthose fees,	2933
receipts, and revenues to the appropriate bond service fund or	2934
bond service reserve fund as required to pay the bond service	2935
charges when due, and any such provision for the transfer of such	2936
those fees, receipts, and revenues shall be controlling	2937
notwithstanding any other provision of law pertaining to such	2938
those fees, receipts, and revenues.	2939

(3) All moneys received by the treasurer of state on account	2940
of the board and required by the applicable bond proceedings or by	2941
separate agreement with the board to be deposited, transferred, or	2942
credited to the bond service fund or bond service reserve fund	2943
established by suchthe bond proceedings shall be transferred by	2944
the treasurer of state to such fund, whether or not such fundit	2945
is in the custody of the treasurer of state, without necessity for	2946
further appropriation, upon receipt of notice from the Ohio	2947
building authority as prescribed in the bond proceedings.	2948

(G) All fees, receipts, and revenues received by the capitol	2949
square review and advisory board from the state underground	2950
parking garage shall be deposited into the state treasury to the	2951
credit of the underground parking garage operating fund, which is	2952
hereby created, to be used for the purposes specified in division	2953
(F) of this section and for the operation and maintenance of the	2954
garage. All investment earnings of the fund shall be credited to	2955
the fund.	2956

(H) All donations received by the capitol square review and	2957
advisory board shall be deposited into the state treasury to the	2958
credit of the capitol square renovation gift fund, which is hereby	2959
created. The fund shall be used by the capitol square review and	2960
advisory board as follows:	2961

(1) To provide part or all of the funding related to	2962
construction, goods, or services for the renovation of the capitol	2963
square;	2964

(2) To purchase art, antiques, and artifacts for display at	2965
the capitol square;	2966

(3) To award contracts or make grants to organizations for	2967
educating the public regarding the historical background and	2968
governmental functions of the capitol square. Chapters 125.,	2969
127., and 153. and section 3517.13 of the Revised Code do not	2970
apply to purchases made exclusively from the fund, notwithstanding	2971
anything to the contrary in those chapters or that section. All	2972
investment earnings of the fund shall be credited to the fund.	2973

(I) Except as provided in divisions (G), (H), and (J) of	2974
this section, all fees, receipts, and revenues received by the	2975
capitol square review and advisory board shall be deposited into	2976
the state treasury to the credit of the sale of goods and services	2977
fund, which is hereby created. Money credited to the fund shall	2978
be used solely to pay costs of the board other than those	2979
specified in divisions (F) and (G) of this section. All	2980
investment earnings of the fund shall be credited to the fund.	2981

(J) There is hereby created in the state treasury the	2982
capitol square improvement fund, to be used by the capitol square	2983
review and advisory board to pay construction, renovation, and	2984
other costs related to the capitol square for which money is not	2985
otherwise available to the board. Whenever the board determines	2986
that there is a need to incur suchthose costs and that the	2987
unencumbered, unobligated balance to the credit of the underground	2988
parking garage operating fund exceeds the amount needed for the	2989
purposes specified in division (F) of this section and for the	2990
operation and maintenance of the garage, the board may request the	2991
director of budget and management to transfer from the underground	2992
parking garage operating fund to the capitol square improvement	2993
fund the amount needed to pay such construction, renovation, or	2994
other costs. The director then shall thereupon transfer the	2995
amount needed from the excess balance of the underground parking	2996
garage operating fund.	2997

(K) As the operation and maintenance of the capitol square	2998
constitute essential government functions of a public purpose, the	2999
board shall not be required to pay taxes or assessments upon the	3000
square, or upon any property acquired or used by the board under	3001
this section, or upon any income generated by the operation of the	3002
square.	3003

(L) As used in this section, "capitol square" means the	3004
capitol building, senate building, capitol atrium, capitol	3005
grounds, and the state underground parking garage.	3006

(M) The capitol annex shall be known as the senate building.

3007

Sec. 107.10.  The following records shall be kept in the	3008
Governor'sgovernor's office:	3009

(A) A register of every bill passed by the general assembly	3010
whichthat has been presented to the governor, in which is entered	3011
the number of the bill, the date suchthe bill was presented to	3012
the governor, and the action taken thereonon it by the governor	3013
and the date thereofof the action;	3014

(B) An appointment record in which is entered the name of	3015
each person appointed to an office by the governor, except	3016
notaries public and commissioners, the office to which appointed,	3017
the date of the appointment, the date of the commission, the date	3018
of the beginning and expiration of the term, and, the result and	3019
date of action by the senate, if required;	3020

(C) A record of notaries public in which is entered the name,	3021
post-office address, county, date of commission, and the beginning	3022
and expiration of term of each notary public appointed;	3023

(D) A record of commissioners in which is entered the name,	3024
post-office address, the state, territory, or county where the	3025
appointee resides, the date of commission, and the beginning and	3026
expiration of term of each commissioner appointed;	3027

(E)(D) A record of requisitions in which is entered both of	3028
the following: (1) an	3029

(1) An abstract of each application for a requisition,	3030
showing date, by whom made, the name of the alleged fugitive, the	3031
offense charged, upon the executive authority of what state,	3032
territory, or country the requisition is made, and whether granted	3033
or refused; (2) an	3034

(2) An abstract of requisition received, showing date of	3035
receipt, from what state or territory issued, the name of the	3036
alleged fugitive, the offense charged, whether a warrant was	3037
issued or refused, and if issued, to the sheriff of what county,	3038
or the reason for refusing to issue a warrant;.	3039

(F)(E) A pardon record in which is entered the date of each	3040
application for pardon, reprieve, or commutation, the name of the	3041
convict, of what crime, in what county, and at what term of court	3042
hethe convict was convicted, the sentence of the court, the	3043
action of the governor, the reason thereforfor that action, and	3044
the date thereofof that action.	3045

Sec. 107.24. (A) As used in this section, "internet" means	3047
the international computer network of both federal and nonfederal	3048
interoperable packet switched data networks, including the	3049
graphical subnetwork called the world wide web.	3050

(B) The state, through its authorized officials, shall	3051
contract with an advertising service provider for the purpose of	3052
the provider's leasing to persons media space on state agency	3053
internet sites. The contract shall require the advertising	3054
service provider to do both of the following:	3055

(1) Comply with all standards pertaining to leases of media	3056
space on state agency internet sites that are adopted by the	3057
governor's council for electronic commerce. The council shall	3058
adopt standards of that nature, and they shall include, but not be	3059
limited to, user privacy standards. The council shall adopt	3060
initial standards of that nature within ninety days after the	3061
effective date of this section, and no contract shall be entered	3062
into under this section until those initial standards are adopted.	3063

(2) Limit leases of media space to advertisements of	3064
commercial transactions that are not in violation of the United	3065
States Constitution, the Ohio Constitution, federal statutes, or	3066
the statutes of this state.	3067

Sec. 111.16.  The secretary of state shall charge and	3068
collect, for the benefit of the state, the following fees:	3069

(A) For filing and recording articles of incorporation of a	3070
domestic corporation, including designation of agent:	3071

(1) Wherein the corporation shall not be authorized to issue	3072
any shares of capital stock, one hundred twenty-five dollars.;	3073

(2) Wherein the corporation shall be authorized to issue	3074
shares of capital stock, with or without par value:	3075

(a) Ten cents for each share authorized up to and including	3076
one thousand shares;	3077

(b) Five cents for each share authorized in excess of one	3078
thousand shares up to and including ten thousand shares;	3079

(c) Two cents for each share authorized in excess of ten	3080
thousand shares up to and including fifty thousand shares;	3081

(d) One cent for each share authorized in excess of fifty	3082
thousand shares up to and including one hundred thousand shares;	3083

(e) One-half cent for each share authorized in excess of one	3084
hundred thousand shares up to and including five hundred thousand	3085
shares;	3086

(f) One-quarter cent for each share authorized in excess of	3087
five hundred thousand shares; provided no fee shall be less than	3088
eighty-fiveone hundred twenty-five dollars or greater than one	3089
hundred thousand dollars.	3090

(B) For filing and recording a certificate of amendment to	3091
or amended articles of incorporation of a domestic corporation, or	3092
for filing and recording a certificate of reorganization, a	3093
certificate of dissolution, or an amendment to a foreign license	3094
application:	3095

(1) If the domestic corporation is not authorized to issue	3096
any shares of capital stock, twenty-fivefifty dollars;	3097

(2) If the domestic corporation is authorized to issue	3098
shares of capital stock, thirty-fivefifty dollars, and in case of	3099
any increase in the number of shares authorized to be issued, a	3100
further sum computed in accordance with the schedule set forth in	3101
division (A)(2) of this section less a credit computed in the same	3102
manner for the number of shares previously authorized to be issued	3103
by the corporation; provided no fee under division (B)(2) of this	3104
section shall be greater than one hundred thousand dollars;	3105

(3) If the foreign corporation is not authorized to issue	3106
any shares of capital stock, fifty dollars;	3107

(4) If the foreign corporation is authorized to issue shares	3108
of capital stock, fifty dollars.	3109

(C) For filing and recording articles of incorporation of a	3110
savings and loan association, one hundred twenty-five dollars; and	3111
for filing and recording a certificate of amendment to or amended	3112
articles of incorporation that do not involve an increase in the	3113
authorized capital stock of such corporationof a savings and loan	3114
association, twenty-fivefifty dollars; and for filing and	3115
recording a certificate of amendment to or amended articles of	3116
incorporation that do involve an increase in the authorized	3117
capital stock of such corporation, thirty-five dollars;	3118

(D) For filing and recording a certificate of merger or	3119
consolidation, fiftyone hundred twenty-five dollars and, in the	3120
case of any new corporation resulting from a consolidation or any	3121
surviving corporation that has an increased number of shares	3122
authorized to be issued resulting from a merger, an additional sum	3123
computed in accordance with the schedule set forth in division	3124
(A)(2) of this section less a credit computed in the same manner	3125
for the number of shares previously authorized to be issued or	3126
represented in this state by each of the corporations for which a	3127
consolidation or merger is effected by the certificate;	3128

(E) For filing and recording articles of incorporation of a	3129
credit union or the American credit union guaranty association,	3130
thirty-fiveone hundred twenty-five dollars, and for filing and	3131
recording a certificate of increase in capital stock or any other	3132
amendment of the articles of incorporation of a credit union or	3133
the association, twenty-fivefifty dollars;	3134

(F) For filing and recording articles of organization of a	3135
limited liability company or, for filing and recording an	3136
application to become a registered foreign limited liability	3137
company, for filing and recording a registration application to	3138
become a domestic limited liability partnership, or for filing and	3139
recording an application to become a registered foreign limited	3140
liability partnership, eighty-fiveone hundred twenty-five	3141
dollars;	3142

(G) For filing and recording a certificate of limited	3143
partnership or an application for registration as a foreign	3144
limited partnership the following apply:	3145

(1) If the certificate or application is for a limited	3146
partnership or foreign limited partnership described in division	3147
(A)(1) of section 1782.63 of the Revised Code, and the partnership	3148
has complied with divisions (A)(1)(a) to (e) of that section, no	3149
fee;	3150

(2) If the certificate or application is for a limited	3151
partnership or foreign limited partnership other than a	3152
partnership described in division (G)(1) of this section,	3153
eighty-five, one hundred twenty-five dollars.	3154

(H) For filing a copy of papers evidencing the incorporation	3155
of a municipal corporation or of annexation of territory by a	3156
municipal corporation, five dollars, to be paid by the municipal	3157
corporation, the petitioners therefor, or their agent;	3158

(I) For filing and recording any of the following:

3159

(1) A license to transact business in this state by a	3160
foreign corporation for profit pursuant to section 1703.04 of the	3161
Revised Code or a foreign nonprofit corporation pursuant to	3162
section 1703.27 of the Revised Code, one hundred twenty-five	3163
dollars;	3164

(2) An annual report or annual statement pursuant to section	3165
1775.63 or 1785.06 of the Revised Code, tentwenty-five dollars;	3166

(3) AnyExcept as otherwise provided in this section or any	3167
other section of the Revised Code, any other certificate or paper	3168
that is required to be filed and recorded or is permitted by any	3169
provision of the Revised Code to be filed and recorded by any	3170
provision of the Revised Code with the secretary of state, ten	3171
twenty-five dollars.	3172

(J) For filing any certificate or paper not required to be	3173
recorded, five dollars;	3174

(K)(1) For making copies of any certificate or other paper	3175
filed in the office of the secretary of state, the cost shalla	3176
fee not to exceed one dollar per page, except as otherwise	3177
provided in the Revised Code, and for creating and affixing the	3178
seal of the office of the secretary of state to any good standing	3179
or other certificate, five dollars, except that for. For copies	3180
of certificates or papers required by state officers for official	3181
purpose, no charge shall be made;.	3182

(2) For creating and affixing the seal of the office of the	3183
secretary of state to the certificates described in division (E)	3184
of section 1701.81, division (E) of section 1705.38, or division	3185
(D) of section 1702.43 of the Revised Code, twenty-five dollars.	3186

(L) For a minister's license to solemnize marriages, ten	3187
dollars;	3188

(M) For examining documents to be filed at a later date for	3189
the purpose of advising as to the acceptability of the proposed	3190
filing, tenfifty dollars;	3191

(N) For expedited filing service for filings referred to in	3192
divisions (A), (B), (C), (D), (E), (F), and (G) of this section,	3193
ten dollars in addition to the fee for filing and recording	3194
provided in those divisionsFifty dollars for filing and recording	3195
any of the following:	3196

(1) A certificate of dissolution and accompanying documents,	3197
or a certificate of cancellation, under section 1701.86, 1702.47,	3198
1705.43, or 1782.10 of the Revised Code;	3199

(2) A notice of dissolution of a foreign licensed	3200
corporation or a certificate of surrender of license by a foreign	3201
licensed corporation under section 1703.17 of the Revised Code;	3202

(3) The withdrawal of registration of a foreign or domestic	3203
limited liability partnership under section 1775.61 or 1775.64 of	3204
the Revised Code, or the certificate of cancellation of	3205
registration of a foreign limited liability company under section	3206
1705.57 of the Revised Code;	3207

(4) The filing of a cancellation of disclaimer of general	3208
partner status under Chapter 1782. of the Revised Code.	3209

(O) FeesFor filing a statement of continued existence by a	3210
nonprofit corporation, twenty-five dollars;	3211

(P) For filing a restatement under section 1705.08 or	3212
1782.09 of the Revised Code, an amendment to a certificate of	3213
cancellation under section 1782.10 of the Revised Code, an	3214
amendment under section 1705.08 or 1782.09 of the Revised Code, or	3215
a correction under section 1705.55, 1775.61, 1775.64, or 1782.52	3216
of the Revised Code, fifty dollars;	3217

(Q) For filing for reinstatement of an entity cancelled by	3218
operation of law, by the secretary of state, by order of the	3219
department of taxation, or by order of a court, twenty-five	3220
dollars;	3221

(R) For filing a change of agent, resignation of agent, or	3222
change of agent's address under section 1701.07, 1702.06,	3223
1703.041, 1703.27, 1705.06, 1705.55, 1746.04, 1747.03, or 1782.04	3224
of the Revised Code, twenty-five dollars;	3225

(S) For filing and recording any of the following:

3226

(1) An application for the exclusive right to use a name or	3227
an application to reserve a name for future use under section	3228
1701.05, 1702.05, 1703.31, 1705.05, or 1746.06 of the Revised	3229
Code, fifty dollars;	3230

(2) A trade name or fictitious name registration or report,	3231
fifty dollars;	3232

(3) An application to renew any item covered by division	3233
(S)(1) or (2) of this section that is permitted to be renewed,	3234
twenty-five dollars;	3235

(4) An assignment of rights for use of a name covered by	3236
division (S)(1), (2), or (3) of this section, the cancellation of	3237
a name registration or name reservation that is so covered, or	3238
notice of a change of address of the registrant of a name that is	3239
so covered, twenty-five dollars.	3240

(T) For filing and recording a report to operate a business	3241
trust or a real estate investment trust, either foreign or	3242
domestic, one hundred twenty-five dollars; and for filing and	3243
recording an amendment to a report or associated trust instrument,	3244
or a surrender of authority, to operate a business trust or real	3245
estate investment trust, fifty dollars;	3246

(U)(1) For filing and recording the registration of a	3247
trademark, service mark, or mark of ownership, one hundred	3248
twenty-five dollars;	3249

(2) For filing and recording the change of address of a	3250
registrant, the assignment of rights to a registration, a renewal	3251
of a registration, or the cancellation of a registration	3252
associated with a trademark, service mark, or mark of ownership,	3253
twenty-five dollars.	3254

Fees specified in this section may be paid by cash, check, or	3255
money order, by credit cardin accordance with section 113.40 of	3256
the Revised Code, or by an alternative payment program in	3257
accordance with division (B) of section 111.18 of the Revised	3258
Code. Any credit card number or the expiration date of any credit	3259
card is not subject to disclosure under Chapter 149. of the	3260
Revised Code.	3261

Sec. 111.18.  (A) The secretary of state shall keep a record	3262
of all fees collected by the secretary of state and, except as	3263
otherwise provided in thissubject to division (B) of section and	3264
in sections 1309.401 and 1329.68 and division (C)(2) of section	3265
3506.05 of the Revised Code and except as otherwise provided in	3266
the Revised Code, shall pay, through June 30, 2001, fifty per cent	3267
of them into the state treasury to the credit of the general	3268
revenue fund and fifty per cent of them into the state treasury to	3269
the credit of the corporate and uniform commercial code filing	3270
fund created underby section 1309.401 of the Revised Code and	3271
shall pay, on and after July 1, 2001, all of them into the state	3272
treasury to the credit of the general revenue fund. Through June	3273
30, 2001, all of the fees collected under divisions (I)(2) and (N)	3274
of section 111.16 of the Revised Code shall be paid into the state	3275
treasury to the credit of that corporate and uniform commercial	3276
code filing fund. On and after July 1, 2001, the following fees	3277
shall be paid into the state treasury to the credit of that	3278
corporate and uniform commercial code filing fund:	3279

(1) Twenty-five dollars of each fee collected under	3280
divisions (A)(2), (F), (G)(2), and (I)(1) of section 111.16 of the	3281
Revised Code;	3282

(2) Twenty-five dollars of each fee collected under division	3283
(C) of section 1703.031 of the Revised Code;	3284

(3) All fees collected under divisions (I)(2) and (N) of	3285
section 111.16 of the Revised Code;	3286

(4) All fees collected under section 1703.08 of the Revised	3287
Code;	3288

(5) Each fifty-dollar fee for amendments filed by foreign	3289
nonprofit corporations under section 1703.27 of the Revised Code.	3290

(B) The secretary of state may implement a credit card	3291
payment program permitting payment of any fee charged by the	3292
secretary of state by means of a credit card. The secretary of	3293
state may open an account outside the state treasury in a	3294
financial institution for the purpose of depositing credit card	3295
receipts. Within forty-eight hours following the deposit of the	3296
receipts, the financial institution shall make available to the	3297
secretary of state funds in the amount of the receipts. The	3298
secretary of state shall then pay these funds into the state	3299
treasury to the credit of the general revenue fund, except as	3300
otherwise provided by the Revised Code.	3301

The secretary of state may pay the cost of any service charge	3302
required by a financial institution or credit card company in	3303
connection with a credit card payment program.	3304

The secretary of state shall adopt rules as necessary to	3305
carry out the purposes of this division. The rules shall include	3306
standards for determining eligible financial institutions and the	3307
manner in which funds shall be made available and shall be	3308
consistent with the standards contained in sections 135.03,	3309
135.18, and 135.181 of the Revised Code.	3310

The secretary of state may implement alternative payment	3311
programs that permit payment of any fee charged by the secretary	3312
of state by means other than cash, check, money order, or credit	3313
card; an alternative payment program may include, but is not	3314
limited to, one that permits a fee to be paid by electronic means	3315
of transmission. Fees paid under an alternative payment program	3316
shall be deposited to the credit of the secretary of state	3317
alternative payment program fund, which is hereby created. The	3318
secretary of state alternative payment program fund shall be in	3319
the custody of the treasurer of state but shall not be part of the	3320
state treasury. Any investment income of the secretary of state	3321
alternative payment program fund shall be credited to that fund	3322
and used to operate the alternative payment program. Within two	3323
working days following the deposit of funds to the credit of the	3324
secretary of state alternative payment program fund, the secretary	3325
of state shall pay those funds into the state treasury to the	3326
credit of the corporate and uniform commercial code filing fund,	3327
subject to division (B) of section 1309.401 of the Revised Code	3328
and except as otherwise provided in the Revised Code.	3329

The secretary of state shall adopt rules necessary to carry	3330
out the purposes of this division.	3331

Sec. 111.23. (A) The secretary of state, by rule, shall	3332
establish, and prescribe guidelines and fees for the use of, an	3333
"expedited filing service" that provides, at the option of the	3334
person making such a filing, expeditious processing of any filing	3335
with the secretary of state under ChaptersChapter 1309. andor	3336
1329. and of any filing referred to in divisions (A), (B), (C),	3337
(D), (E), (F), and (G) of section 111.16or Title XVII of the	3338
Revised Code.	3339

(B) The secretary of state may adopt rules establishing, and	3340
prescribing guidelines and fees for the use of, a bulk filing	3341
service that provides, at the option of the person making a	3342
filing, a method for providing large amounts of information. The	3343
secretary of state may charge and collect fees for filings made	3344
through a bulk filing service at reduced amounts from those	3345
otherwise specified in or authorized by the Revised Code.	3346

(C) The secretary of state may adopt rules establishing, and	3347
prescribing guidelines and fees for the use of, alternative filing	3348
procedures in making filings with the secretary of state. Under	3349
these rules, the secretary of state may accept any filing and	3350
payment of associated fees through any electronic, digital,	3351
facsimile, or other means of transmission. The filings shall be	3352
made on a form prescribed by the secretary of state and shall	3353
comply fully with any other requirements of the Revised Code	3354
applicable to the type of filing being made.	3355

Sec. 111.25. (A) The secretary of state shall prescribe the	3356
following forms for persons to use in complying with the	3357
requirements of Chapter 1309. of the Revised Code for the filing	3358
of financing statements and related documents:	3359

(A)(1) The financing statement described in division (A) of	3360
section 1309.39 of the Revised Code;	3361

(B)(2) A form for the amendment of a financing statement	3362
described in division (C) of section 1309.39 of the Revised Code;	3363

(C)(3) A continuation statement described in division (C) of	3364
section 1309.40 of the Revised Code;	3365

(D)(4) A termination statement described in division (A) of	3366
section 1309.41 of the Revised Code;	3367

(E)(5) A form for an assignment of rights under a financing	3368
statement described in section 1309.42 of the Revised Code;	3369

(F)(6) A statement of release described in section 1309.43	3370
of the Revised Code.	3371

(B) The secretary of state shall prescribe the forms for	3372
persons to use in complying with the requirements of Title XVII of	3373
the Revised Code to the extent that those requirements relate to	3374
filings with the secretary of state's office.	3375

Sec. 118.08.  (A) The members of the financial planning and	3376
supervision commission shall serve without compensation, but shall	3377
be paid by the commission their necessary and actual expenses	3378
incurred while engaged in the business of the commission.	3379

(B) All expenses incurred for services rendered by the	3380
financial supervisor for a period of twenty-four months shall be	3381
paid by the commission pursuant to an appropriation made by the	3382
general assembly for this purpose. Expenses incurred for services	3383
rendered by the financial supervisor beyond this period shall be	3384
borne by the municipal corporation, county, or township unless the	3385
director of budget and management waives the costs and allows	3386
payment in accordance with the following:	3387

(1) If the continued performance of the financial supervisor	3388
is required for a period of twenty-five to thirty months, the	3389
municipal corporation, county, or township is responsible for	3390
twenty per cent of the compensation due.	3391

(2) If the continued performance of the financial supervisor	3392
is required for a period of thirty-one to thirty-six months, the	3393
municipal corporation, county, or township is responsible for	3394
fifty per cent of the compensation due.	3395

(3) If the continued performance of the financial supervisor	3396
is required for a period of thirty-seven months or more, the	3397
municipal corporation, county, or township is responsible for one	3398
hundred per cent of the compensation due except as otherwise	3399
provided in division (B)(4) of this section.	3400

(4) Beginning in fiscal year 2000, ifIf the continued	3401
performance of the financial supervisor has been required longer	3402
than eight fiscal years for any municipal corporation, county, or	3403
township declared to be in a fiscal emergency prior to fiscal year	3404
1996, that municipal corporation, county, or township is	3405
responsible for fifty per cent of the compensation due in its	3406
ninth fiscal year 2000while in fiscal emergency and one hundred	3407
per cent of the compensation due in its tenth fiscal year 2001and	3408
every fiscal year thereafter while in fiscal emergency.	3409

(C) If the municipal corporation, county, or township fails	3410
to make any payment to the financial supervisor as required by	3411
this chapter, the financial supervisor may certify to the county	3412
auditor the amount due, and that amount shall be withheld from the	3413
municipal corporation, county, or township from any fund or funds	3414
in the custody of the county auditor for distribution to the	3415
municipal corporation, county, or township, except for those	3416
reserved for payment of local government fund notes. Upon	3417
receiving suchthe certification from the auditor of state	3418
financial supervisor, the county auditor shall draw a voucher for	3419
the amount against suchthose fund or funds in favor of the	3420
financial supervisor.	3421

Sec. 120.06.  (A)(1) The state public defender, when	3422
designated by the court or requested by a county public defender	3423
or joint county public defender, may provide legal representation	3424
in all courts throughout the state to indigent adults and	3425
juveniles who are charged with the commission of an offense or act	3426
for which the penalty or any possible adjudication includes the	3427
potential loss of liberty.	3428

(2) The state public defender may provide legal	3429
representation to any indigent person who, while incarcerated in	3430
any state correctional institution, is charged with a felony	3431
offense, for which the penalty or any possible adjudication that	3432
may be imposed by a court upon conviction includes the potential	3433
loss of liberty.	3434

(3) The state public defender may provide legal	3435
representation to any person incarcerated in any correctional	3436
institution of the state, in any matter in which the person	3437
asserts the person is unlawfully imprisoned or detained.	3438

(4) The state public defender, in any case in which the	3439
state public defender has provided legal representation or is	3440
requested to do so by a county public defender or joint county	3441
public defender, may provide legal representation on appeal.	3442

(5) The state public defender, when designated by the court	3443
or requested by a county public defender, joint county public	3444
defender, or the director of rehabilitation and correction, shall	3445
provide legal representation in parole and probation revocation	3446
matters, unless the state public defender finds that the alleged	3447
parole or probation violator has the financial capacity to retain	3448
the alleged violator's own counsel.	3449

(6) If the state public defender contracts with a county	3450
public defender commission, a joint county public defender	3451
commission, or a board of county commissioners for the provision	3452
of services, under authority of division (C)(7) of section 120.04	3453
of the Revised Code, the state public defender shall provide legal	3454
representation in accordance with the contract.	3455

(B) The state public defender shall not be required to	3456
prosecute any appeal, postconviction remedy, or other proceeding	3457
pursuant to division (A)(3), (4), or (5) of this section, unless	3458
the state public defender first is satisfied that there is	3459
arguable merit to the proceeding.	3460

(C) A court may appoint counsel or allow an indigent person	3461
to select the indigent's own personal counsel to assist the state	3462
public defender as co-counsel when the interests of justice so	3463
require. When co-counsel is appointed to assist the state public	3464
defender, the co-counsel shall receive any compensation that the	3465
court may approve, not to exceed the amounts provided for in	3466
section 2941.51 of the Revised Code.	3467

(D) When the state public defender is designated by the	3468
court or requested by a county public defender or joint county	3469
public defender to provide legal representation for an indigent	3470
person in any case, other than pursuant to a contract entered into	3471
under authority of division (C)(7) of section 120.04 of the	3472
Revised Code, the state public defender shall send to the county	3473
in which the case is filed an itemized bill for fifty per cent of	3474
the actual cost of the representation. The county, upon receipt	3475
of an itemized bill from the state public defender pursuant to	3476
this division, shall pay fifty per cent of the actual cost of the	3477
legal representation as set forth in the itemized bill. There is	3478
hereby created in the state treasury the county representation	3479
fund for the deposit of moneys received from counties under this	3480
division. All moneys credited to the fund shall be used by the	3481
state public defender to provide legal representation for indigent	3482
persons when designated by the court or requested by a county or	3483
joint county public defender.	3484

(E)(1) Notwithstanding any contrary provision of sections	3485
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	3486
that pertains to representation by the attorney general, an	3487
assistant attorney general, or special counsel of an officer or	3488
employee, as defined in section 109.36 of the Revised Code, or of	3489
an entity of state government, the state public defender may elect	3490
to contract with, and to have the state pay pursuant to division	3491
(E)(2) of this section for the services of, private legal counsel	3492
to represent the Ohio public defender commission, the state public	3493
defender, assistant state public defenders, other employees of the	3494
commission or the state public defender, and attorneys described	3495
in division (C) of section 120.41 of the Revised Code in a	3496
malpractice or other civil action or proceeding that arises from	3497
alleged actions or omissions related to responsibilities derived	3498
pursuant to this chapter, or in a civil action that is based upon	3499
alleged violations of the constitution or statutes of the United	3500
States, including section 1983 of Title 42 of the United States	3501
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	3502
arises from alleged actions or omissions related to	3503
responsibilities derived pursuant to this chapter, if the state	3504
public defender determines, in good faith, that the defendant in	3505
the civil action or proceeding did not act manifestly outside the	3506
scope of the defendant's employment or official responsibilities,	3507
with malicious purpose, in bad faith, or in a wanton or reckless	3508
manner. If the state public defender elects not to contract	3509
pursuant to this division for private legal counsel in a civil	3510
action or proceeding, then, in accordance with sections 109.02,	3511
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	3512
attorney general shall represent or provide for the representation	3513
of the Ohio public defender commission, the state public defender,	3514
assistant state public defenders, other employees of the	3515
commission or the state public defender, or attorneys described in	3516
division (C) of section 120.41 of the Revised Code in the civil	3517
action or proceeding.	3518

(2)(a) Subject to division (E)(2)(b) of this section,	3519
payment from the state treasury for the services of private legal	3520
counsel with whom the state public defender has contracted	3521
pursuant to division (E)(1) of this section shall be accomplished	3522
only through the following procedure:	3523

(i) The private legal counsel shall file with the attorney	3524
general a copy of the contract; a request for an award of legal	3525
fees, court costs, and expenses earned or incurred in connection	3526
with the defense of the Ohio public defender commission, the state	3527
public defender, an assistant state public defender, an employee,	3528
or an attorney in a specified civil action or proceeding; a	3529
written itemization of those fees, costs, and expenses, including	3530
the signature of the state public defender and the state public	3531
defender's attestation that the fees, costs, and expenses were	3532
earned or incurred pursuant to division (E)(1) of this section to	3533
the best of the state public defender's knowledge and information;	3534
a written statement whether the fees, costs, and expenses are for	3535
all legal services to be rendered in connection with that defense,	3536
are only for legal services rendered to the date of the request	3537
and additional legal services likely will have to be provided in	3538
connection with that defense, or are for the final legal services	3539
rendered in connection with that defense; a written statement	3540
indicating whether the private legal counsel previously submitted	3541
a request for an award under division (E)(2) of this section in	3542
connection with that defense and, if so, the date and the amount	3543
of each award granted; and, if the fees, costs, and expenses are	3544
for all legal services to be rendered in connection with that	3545
defense or are for the final legal services rendered in connection	3546
with that defense, a certified copy of any judgment entry in the	3547
civil action or proceeding or a signed copy of any settlement	3548
agreement entered into between the parties to the civil action or	3549
proceeding.	3550

(ii) Upon receipt of a request for an award of legal fees,	3551
court costs, and expenses and the requisite supportive	3552
documentation described in division (E)(2)(a)(i) of this section,	3553
the attorney general shall review the request and documentation;	3554
determine whether any of the limitations specified in division	3555
(E)(2)(b) of this section apply to the request; and, if an award	3556
of legal fees, court costs, or expenses is permissible after	3557
applying the limitations, prepare a document awarding legal fees,	3558
court costs, or expenses to the private legal counsel. The	3559
document shall name the private legal counsel as the recipient of	3560
the award; specify the total amount of the award as determined by	3561
the attorney general; itemize the portions of the award that	3562
represent legal fees, court costs, and expenses; specify any	3563
limitation applied pursuant to division (E)(2)(b) of this section	3564
to reduce the amount of the award sought by the private legal	3565
counsel; state that the award is payable from the state treasury	3566
pursuant to division (E)(2)(a)(iii) of this section; and be	3567
approved by the inclusion of the signatures of the attorney	3568
general, the state public defender, and the private legal counsel.	3569

(iii) The attorney general shall forward a copy of the	3570
document prepared pursuant to division (E)(2)(a)(ii) of this	3571
section to the director of budget and management. The award of	3572
legal fees, court costs, or expenses shall be paid out of the	3573
state public defender's appropriations, to the extent there is a	3574
sufficient available balance in those appropriations. If the	3575
state public defender does not have a sufficient available balance	3576
in the state public defender's appropriations to pay the entire	3577
award of legal fees, court costs, or expenses, the director shall	3578
make application for a transfer of appropriations out of the	3579
emergency purposes account or any other appropriation for	3580
emergencies or contingencies in an amount equal to the portion of	3581
the award that exceeds the sufficient available balance in the	3582
state public defender's appropriations. A transfer of	3583
appropriations out of the emergency purposes account or any other	3584
appropriation for emergencies or contingencies shall be authorized	3585
if there are sufficient moneys greater than the sum total of then	3586
pending emergency purposes account requests, or requests for	3587
releases from the other appropriation. If a transfer of	3588
appropriations out of the emergency purposes account or other	3589
appropriation for emergencies or contingencies is made to pay an	3590
amount equal to the portion of the award that exceeds the	3591
sufficient available balance in the state public defender's	3592
appropriations, the director shall cause the payment to be made to	3593
the private legal counsel. If sufficient moneys do not exist in	3594
the emergency purposes account or other appropriation for	3595
emergencies or contingencies to pay an amount equal to the portion	3596
of the award that exceeds the sufficient available balance in the	3597
state public defender's appropriations, the private legal counsel	3598
shall request the general assembly to make an appropriation	3599
sufficient to pay an amount equal to the portion of the award that	3600
exceeds the sufficient available balance in the state public	3601
defender's appropriations, and no payment in that amount shall be	3602
made until the appropriation has been made. The private legal	3603
counsel shall make the request during the current biennium and	3604
during each succeeding biennium until a sufficient appropriation	3605
is made.	3606

(b) An award of legal fees, court costs, and expenses	3607
pursuant to division (E) of this section is subject to the	3608
following limitations:	3609

(i) The maximum award or maximum aggregate of a series of	3610
awards of legal fees, court costs, and expenses to the private	3611
legal counsel in connection with the defense of the Ohio public	3612
defender commission, the state public defender, an assistant state	3613
public defender, an employee, or an attorney in a specified civil	3614
action or proceeding shall not exceed fifty thousand dollars.	3615

(ii) The private legal counsel shall not be awarded legal	3616
fees, court costs, or expenses to the extent the fees, costs, or	3617
expenses are covered by a policy of malpractice or other	3618
insurance.	3619

(iii) The private legal counsel shall be awarded legal fees	3620
and expenses only to the extent that the fees and expenses are	3621
reasonable in light of the legal services rendered by the private	3622
legal counsel in connection with the defense of the Ohio public	3623
defender commission, the state public defender, an assistant state	3624
public defender, an employee, or an attorney in a specified civil	3625
action or proceeding.	3626

(c) If, pursuant to division (E)(2)(a) of this section, the	3627
attorney general denies a request for an award of legal fees,	3628
court costs, or expenses to private legal counsel because of the	3629
application of a limitation specified in division (E)(2)(b) of	3630
this section, the attorney general shall notify the private legal	3631
counsel in writing of the denial and of the limitation applied.	3632

(d) If, pursuant to division (E)(2)(c) of this section, a	3633
private legal counsel receives a denial of an award notification	3634
or if a private legal counsel refuses to approve a document under	3635
division (E)(2)(a)(ii) of this section because of the proposed	3636
application of a limitation specified in division (E)(2)(b) of	3637
this section, the private legal counsel may commence a civil	3638
action against the attorney general in the court of claims to	3639
prove the private legal counsel's entitlement to the award sought,	3640
to prove that division (E)(2)(b) of this section does not prohibit	3641
or otherwise limit the award sought, and to recover a judgment for	3642
the amount of the award sought. A civil action under division	3643
(E)(2)(d) of this section shall be commenced no later than two	3644
years after receipt of a denial of award notification or, if the	3645
private legal counsel refused to approve a document under division	3646
(E)(2)(a)(ii) of this section because of the proposed application	3647
of a limitation specified in division (E)(2)(b) of this section,	3648
no later than two years after the refusal. Any judgment of the	3649
court of claims in favor of the private legal counsel shall be	3650
paid from the state treasury in accordance with division (E)(2)(a)	3651
of this section.	3652

(F) If a court appoints the office of the state public	3653
defender to represent a petitioner in a postconviction relief	3654
proceeding under section 2953.21 of the Revised Code, the	3655
petitioner has received a sentence of death, and the proceeding	3656
relates to that sentence, all of the attorneys who represent the	3657
petitioner in the proceeding pursuant to the appointment, whether	3658
an assistant state public defender, the state public defender, or	3659
another attorney, shall be certified under Rule 6520 of the Rules	3660
of Superintendence for Common Pleasthe Courts of Ohio to	3661
represent indigent defendants charged with or convicted of an	3662
offense for which the death penalty can be or has been imposed.	3663

Sec. 120.16.  (A)(1) The county public defender shall	3664
provide legal representation to indigent adults and juveniles who	3665
are charged with the commission of an offense or act that is a	3666
violation of a state statute and for which the penalty or any	3667
possible adjudication includes the potential loss of liberty and	3668
in postconviction proceedings as defined in this section.	3669

(2) The county public defender may provide legal	3670
representation to indigent adults and juveniles charged with the	3671
violation of an ordinance of a municipal corporation for which the	3672
penalty or any possible adjudication includes the potential loss	3673
of liberty, if the county public defender commission has	3674
contracted with the municipal corporation to provide legal	3675
representation for indigent persons charged with a violation of an	3676
ordinance of the municipal corporation.	3677

(B) The county public defender shall provide the legal	3678
representation authorized by division (A) of this section at every	3679
stage of the proceedings following arrest, detention, service of	3680
summons, or indictment.	3681

(C) The county public defender may request the state public	3682
defender to prosecute any appeal or other remedy before or after	3683
conviction that the county public defender decides is in the	3684
interests of justice, and may provide legal representation in	3685
parole and probation revocation matters.	3686

(D) The county public defender shall not be required to	3687
prosecute any appeal, postconviction remedy, or other proceeding,	3688
unless the county public defender is first satisfied there is	3689
arguable merit to the proceeding.	3690

(E) Nothing in this section shall prevent a court from	3691
appointing counsel other than the county public defender or from	3692
allowing an indigent person to select the indigent person's own	3693
personal counsel to represent the indigent person. A court may	3694
also appoint counsel or allow an indigent person to select the	3695
indigent person's own personal counsel to assist the county public	3696
defender as co-counsel when the interests of justice so require.	3697

(F) Information as to the right to legal representation by	3698
the county public defender or assigned counsel shall be afforded	3699
to an accused person immediately upon arrest, when brought before	3700
a magistrate, or when formally charged, whichever occurs first.	3701

(G) If a court appoints the office of the county public	3702
defender to represent a petitioner in a postconviction relief	3703
proceeding under section 2953.21 of the Revised Code, the	3704
petitioner has received a sentence of death, and the proceeding	3705
relates to that sentence, all of the attorneys who represent the	3706
petitioner in the proceeding pursuant to the appointment, whether	3707
an assistant county public defender or the county public defender,	3708
shall be certified under Rule 6520 of the Rules of	3709
Superintendence for Common Pleasthe Courts of Ohio to represent	3710
indigent defendants charged with or convicted of an offense for	3711
which the death penalty can be or has been imposed.	3712

Sec. 120.26.  (A)(1) The joint county public defender shall	3713
provide legal representation to indigent adults and juveniles who	3714
are charged with the commission of an offense or act that is a	3715
violation of a state statute and for which the penalty or any	3716
possible adjudication includes the potential loss of liberty and	3717
in postconviction proceedings as defined in this section.	3718

(2) The joint county public defender may provide legal	3719
representation to indigent adults and juveniles charged with the	3720
violation of an ordinance of a municipal corporation for which the	3721
penalty or any possible adjudication includes the potential loss	3722
of liberty, if the joint county public defender commission has	3723
contracted with the municipal corporation to provide legal	3724
representation for indigent persons charged with a violation of an	3725
ordinance of the municipal corporation.	3726

(B) The joint county public defender shall provide the legal	3727
representation authorized by division (A) of this section at every	3728
stage of the proceedings following arrest, detention, service of	3729
summons, or indictment.	3730

(C) The joint county public defender may request the Ohio	3731
public defender to prosecute any appeal or other remedy before or	3732
after conviction that the joint county public defender decides is	3733
in the interests of justice and may provide legal representation	3734
in parole and probation revocation matters.	3735

(D) The joint county public defender shall not be required	3736
to prosecute any appeal, postconviction remedy, or other	3737
proceeding, unless the joint county public defender is first	3738
satisfied that there is arguable merit to the proceeding.	3739

(E) Nothing in this section shall prevent a court from	3740
appointing counsel other than the joint county public defender or	3741
from allowing an indigent person to select the indigent person's	3742
own personal counsel to represent the indigent person. A court	3743
may also appoint counsel or allow an indigent person to select the	3744
indigent person's own personal counsel to assist the joint county	3745
public defender as co-counsel when the interests of justice so	3746
require.	3747

(F) Information as to the right to legal representation by	3748
the joint county public defender or assigned counsel shall be	3749
afforded to an accused person immediately upon arrest, when	3750
brought before a magistrate, or when formally charged, whichever	3751
occurs first.	3752

(G) If a court appoints the office of the joint county	3753
public defender to represent a petitioner in a postconviction	3754
relief proceeding under section 2953.21 of the Revised Code, the	3755
petitioner has received a sentence of death, and the proceeding	3756
relates to that sentence, all of the attorneys who represent the	3757
petitioner in the proceeding pursuant to the appointment, whether	3758
an assistant joint county defender or the joint county public	3759
defender, shall be certified under Rule 6520 of the Rules of	3760
Superintendence for Common Pleasthe Courts of Ohio to represent	3761
indigent defendants charged with or convicted of an offense for	3762
which the death penalty can be or has been imposed.	3763

Sec. 120.33.  (A) In lieu of using a county public defender	3764
or joint county public defender to represent indigent persons in	3765
the proceedings set forth in division (A) of section 120.16 of the	3766
Revised Code, the board of county commissioners of any county may	3767
adopt a resolution to pay counsel who are either personally	3768
selected by the indigent person or appointed by the court. The	3769
resolution shall include those provisions the board of county	3770
commissioners considers necessary to provide effective	3771
representation of indigent persons in any proceeding for which	3772
counsel is provided under this section. The resolution shall	3773
include provisions for contracts with any municipal corporation	3774
under which the municipal corporation shall reimburse the county	3775
for counsel appointed to represent indigent persons charged with	3776
violations of the ordinances of the municipal corporation.	3777

(1) In a county that adopts a resolution to pay counsel, an	3778
indigent person shall have the right to do either of the	3779
following:	3780

(a) To select the person's own personal counsel to represent	3781
the person in any proceeding included within the provisions of the	3782
resolution;	3783

(b) To request the court to appoint counsel to represent the	3784
person in such a proceeding.	3785

(2) The court having jurisdiction over the proceeding in a	3786
county that adopts a resolution to pay counsel shall, after	3787
determining that the person is indigent and entitled to legal	3788
representation under this section, do either of the following:	3789

(a) By signed journal entry recorded on its docket, enter	3790
the name of the lawyer selected by the indigent person as counsel	3791
of record;	3792

(b) Appoint counsel for the indigent person if the person	3793
has requested the court to appoint counsel and, by signed journal	3794
entry recorded on its dockets, enter the name of the lawyer	3795
appointed for the indigent person as counsel of record.	3796

(3) The board of county commissioners shall establish a	3797
schedule of fees by case or on an hourly basis to be paid to	3798
counsel for legal services provided pursuant to a resolution	3799
adopted under this section. Prior to establishing the schedule,	3800
the board of county commissioners shall request the bar	3801
association or associations of the county to submit a proposed	3802
schedule. The schedule submitted shall be subject to the review,	3803
amendment, and approval of the board of county commissioners.	3804

(4) Counsel selected by the indigent person or appointed by	3805
the court at the request of an indigent person in a county that	3806
adopts a resolution to pay counsel, except for counsel appointed	3807
to represent a person charged with any violation of an ordinance	3808
of a municipal corporation that has not contracted with the county	3809
commissioners for the payment of appointed counsel, shall be paid	3810
by the county and shall receive the compensation and expenses the	3811
court approves. Each request for payment shall be accompanied by	3812
a financial disclosure form and an affidavit of indigency that are	3813
completed by the indigent person on forms prescribed by the state	3814
public defender. Compensation and expenses shall not exceed the	3815
amounts fixed by the board of county commissioners in the schedule	3816
adopted pursuant to division (A)(3) of this section. No court	3817
shall approve compensation and expenses that exceed the amount	3818
fixed pursuant to division (A)(3) of this section.	3819

The fees and expenses approved by the court shall not be	3820
taxed as part of the costs and shall be paid by the county.	3821
However, if the person represented has, or may reasonably be	3822
expected to have, the means to meet some part of the cost of the	3823
services rendered to the person, the person shall pay the county	3824
an amount that the person reasonably can be expected to pay.	3825
Pursuant to section 120.04 of the Revised Code, the county shall	3826
pay to the state public defender a percentage of the payment	3827
received from the person in an amount proportionate to the	3828
percentage of the costs of the person's case that were paid to the	3829
county by the state public defender pursuant to this section. The	3830
money paid to the state public defender shall be credited to the	3831
client payment fund created pursuant to division (B)(5) of section	3832
120.04 of the Revised Code.	3833

The county auditor shall draw a warrant on the county	3834
treasurer for the payment of counsel in the amount fixed by the	3835
court, plus the expenses the court fixes and certifies to the	3836
auditor. The county auditor shall report periodically, but not	3837
less than annually, to the board of county commissioners and to	3838
the Ohio public defender commission the amounts paid out pursuant	3839
to the approval of the court. The board of county commissioners,	3840
after review and approval of the auditor's report, may then	3841
certify it to the state public defender for reimbursement. If a	3842
request for reimbursement is not accompanied by a financial	3843
disclosure form and an affidavit of indigency completed by the	3844
indigent person on forms prescribed by the state public defender,	3845
the state public defender shall not pay the requested	3846
reimbursement. If a request for the reimbursement of the cost of	3847
counsel in any case is not received by the state public defender	3848
within ninety days after the end of the calendar month in which	3849
the case is finally disposed of by the court, unless the county	3850
has requested and the state public defender has granted an	3851
extension of the ninety-day limit, the state public defender shall	3852
not pay the requested reimbursement. The state public defender	3853
shall also review the report and, in accordance with the	3854
standards, guidelines, and maximums established pursuant to	3855
divisions (B)(7) and (8) of section 120.04 of the Revised Code,	3856
prepare a voucher for fifty per cent of the total cost of each	3857
county appointed counsel system in the period of time covered by	3858
the certified report and a voucher for fifty per cent of the costs	3859
and expenses that are reimbursable under section 120.35 of the	3860
Revised Code, if any, or, if the amount of money appropriated by	3861
the general assembly to reimburse counties for the operation of	3862
county public defender offices, joint county public defender	3863
offices, and county appointed counsel systems is not sufficient to	3864
pay fifty per cent of the total cost of all of the offices and	3865
systems other than costs and expenses that are reimbursable under	3866
section 120.35 of the Revised Code, for the lesser amount required	3867
by section 120.34 of the Revised Code.	3868

(5) If any county appointed counsel system fails to maintain	3869
the standards for the conduct of the system established by the	3870
rules of the Ohio public defender commission pursuant to divisions	3871
(B) and (C) of section 120.03 or the standards established by the	3872
state public defender pursuant to division (B)(7) of section	3873
120.04 of the Revised Code, the Ohio public defender commission	3874
shall notify the board of county commissioners of the county that	3875
the county appointed counsel system has failed to comply with its	3876
rules or the standards of the state public defender. Unless the	3877
board of county commissioners corrects the conduct of its	3878
appointed counsel system to comply with the rules and standards	3879
within ninety days after the date of the notice, the state public	3880
defender may deny all or part of the county's reimbursement from	3881
the state provided for in division (A)(4) of this section.	3882

(B) In lieu of using a county public defender or joint	3883
county public defender to represent indigent persons in the	3884
proceedings set forth in division (A) of section 120.16 of the	3885
Revised Code, and in lieu of adopting the resolution and following	3886
the procedure described in division (A) of this section, the board	3887
of county commissioners of any county may contract with the state	3888
public defender for the state public defender's legal	3889
representation of indigent persons. A contract entered into	3890
pursuant to this division may provide for payment for the services	3891
provided on a per case, hourly, or fixed contract basis.	3892

(C) If a court appoints an attorney pursuant to this section	3893
to represent a petitioner in a postconviction relief proceeding	3894
under section 2953.21 of the Revised Code, the petitioner has	3895
received a sentence of death, and the proceeding relates to that	3896
sentence, the attorney who represents the petitioner in the	3897
proceeding pursuant to the appointment shall be certified under	3898
Rule 6520 of the Rules of Superintendence for Common Pleasthe	3899
Courts of Ohio to represent indigent defendants charged with or	3900
convicted of an offense for which the death penalty can be or has	3901
been imposed.	3902

Sec. 121.40.  (A) There is hereby created the governor's	3903
Ohio community service council consisting of twenty-one members	3904
including the superintendent of public instruction or the	3905
superintendent's designee, the chancellor of the Ohio board of	3906
regents or the chancellor's designee, the director of natural	3907
resources or the director's designee, the director of youth	3908
services or the director's designee, the director of aging or the	3909
director's designee, the director of job and family services or	3910
the director's designee, the chairperson of the committee of the	3911
house of representatives dealing with education or the	3912
chairperson's designee, the chairperson of the committee of the	3913
senate dealing with education or the chairperson's designee, and	3914
thirteen members who shall be appointed by the governor with the	3915
advice and consent of the senate and who shall serve terms of	3916
office of three years. The appointees shall include educators,	3917
including teachers and administrators; representatives of youth	3918
organizations; students and parents; representatives of	3919
organizations engaged in volunteer program development and	3920
management throughout the state, including youth and conservation	3921
programs; and representatives of business, government, nonprofit	3922
organizations, social service agencies, veterans organizations,	3923
religious organizations, or philanthropies that support or	3924
encourage volunteerism within the state. Members of the council	3925
shall receive no compensation, but shall be reimbursed for actual	3926
and necessary expenses incurred in the performance of their	3927
official duties.	3928

(B) The council shall appoint an executive director for the	3929
council, who shall be in the unclassified civil service. The	3930
executive director shall supervise the council's activities and	3931
report to the council on the progress of those activities. The	3932
executive director shall do all things necessary for the efficient	3933
and effective implementation of the duties of the council.	3934

The responsibilities assigned to the executive director do	3935
not relieve the members of the council from final responsibility	3936
for the proper performance of the requirements of this division	3937
section.	3938

(C) The council or its designee shall do all of the	3939
following:	3940

(1) Employ, promote, supervise, and remove all employees as	3941
needed in connection with the performance of its duties under this	3942
section and may assign duties to those employees as necessary to	3943
achieve the most efficient performance of its functions, and to	3944
that end may establish, change, or abolish positions, and assign	3945
and reassign duties and responsibilities of any employee of the	3946
council. Personnel employed by the council who are subject to	3947
Chapter 4117. of the Revised Code shall retain all of their rights	3948
and benefits conferred pursuant to that chapter. Nothing in this	3949
chapter shall be construed as eliminating or interfering with	3950
Chapter 4117. of the Revised Code or the rights and benefits	3951
conferred under that chapter to public employees or to any	3952
bargaining unit.	3953

(2) Maintain its office in Columbus, and may hold sessions	3954
at any place within the state;	3955

(3) Acquire facilities, equipment, and supplies necessary to	3956
house the council, its employees, and files and records under its	3957
control, and to discharge any duty imposed upon it by law. The	3958
expense of these acquisitions shall be audited and paid for in the	3959
same manner as other state expenses. For that purpose, the	3960
council shall prepare and submit to the office of budget and	3961
management a budget for each biennium according to sections	3962
101.532 and 107.03 of the Revised Code. The budget submitted	3963
shall cover the costs of the council and its staff in the	3964
discharge of any duty imposed upon the council by law. The	3965
council shall not delegate any authority to obligate funds.	3966

(4) Pay its own payroll and other operating expenses from	3967
line items designated by the general assembly;	3968

(5) Retain its fiduciary responsibility as appointing	3969
authority. Any transaction instructions shall be certified by the	3970
appointing authority or its designee.	3971

(6) Establish the overall policy and management of the	3972
council in accordance with this chapter;	3973

(7) Assist in coordinating and preparing the state	3974
application for funds under sections 101 to 184 of the "National	3975
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42	3976
U.S.C.A. 12411 to 12544, and amendments theretoas amended, assist	3977
in administering and overseeing the "National and Community	3978
Service Trust Act of 1993," P.L. 103-82, 107 Stat. 785, and the	3979
americorps program in this state, and assist in developing	3980
objectives for a comprehensive strategy to encourage and expand	3981
community service programs throughout the state;	3982

(8) Assist the state board of education, school districts,	3983
the board of regents, and institutions of higher education in	3984
coordinating community service education programs through	3985
cooperative efforts between institutions and organizations in the	3986
public and private sectors;	3987

(9) Assist the departments of natural resources, youth	3988
services, aging, and job and family services in coordinating	3989
community service programs through cooperative efforts between	3990
institutions and organizations in the public and private sectors;	3991

(10) Suggest individuals and organizations that are	3992
available to assist school districts, institutions of higher	3993
education, and the departments of natural resources, youth	3994
services, aging, and job and family services in the establishment	3995
of community service programs and assist in investigating sources	3996
of funding for implementing suchthese programs;	3997

(11) Assist in evaluating the state's efforts in providing	3998
community service programs using standards and methods that are	3999
consistent with any statewide objectives for suchthese programs	4000
and provide information to the state board of education, school	4001
districts, the board of regents, institutions of higher education,	4002
and the departments of natural resources, youth services, aging,	4003
and job and family services to guide them in making decisions	4004
about these programs;	4005

(12) Assist the state board of education in complying with	4006
section 3301.70 of the Revised Code and the board of regents in	4007
complying with division (B)(2) of section 3333.043 of the Revised	4008
Code.	4009

(D) The department of aging shall serve as the council's	4010
fiscal agent. Beginning on July 1, 1997, whenever reference is	4011
made in any law, contract, or document to the functions of the	4012
department of youth services as fiscal agent to the council, the	4013
reference shall be deemed to refer to the department of aging. The	4014
department of aging shall have no responsibility for or obligation	4015
to the council prior to July 1, 1997. Any validation, cure,	4016
right, privilege, remedy, obligation, or liability shall be	4017
retained by the council.	4018

As used in this section, "fiscal agent" means technical	4019
support and includes the following technical support services:	4020

(1) Preparing and processing payroll and other personnel	4021
documents that the council executes as the appointing authority.	4022
The department of aging shall not approve any payroll or other	4023
personnel-related documents.	4024

(2) Maintaining ledgers of accounts and reports of account	4025
balances, and monitoring budgets and allotment plans in	4026
consultation with the council. The department shall not approve	4027
any biennial budget, grant, expenditure, audit, or fiscal-related	4028
document.	4029

(3) Performing other routine support services that the	4030
director of aging or the director's designee and the council or	4031
its designee consider appropriate to achieve efficiency.	4032

(E) The council or its designee has the following authority	4033
and responsibility relative to fiscal matters:	4034

(1) Sole authority to draw funds for any and all federal	4035
programs in which the council is authorized to participate;	4036

(2) Sole authority to expend funds from their accounts for	4037
programs and any other necessary expenses the council may incur	4038
and its subgrantees may incur;	4039

(3) Responsibility to cooperate with and inform the	4040
department of aging as fiscal agent to ensure that the department	4041
is fully apprised of all financial transactions.	4042

The council shall follow all state procurement requirements.

4043

The department of aging shall determine fees to be charged to	4044
the council, which shall be in proportion to the services	4045
performed for the council.	4046

The council shall pay fees owed to the department of aging	4047
from a general revenue fund of the council or from any other fund	4048
from which the operating expenses of the council are paid. Any	4049
amounts set aside for a fiscal year for the payment of suchthese	4050
fees shall be used only for the services performed for the council	4051
by the department of aging in that fiscal year.	4052

Sec. 121.63.  (A) Each executive agency lobbyist and each	4053
employer shall file with the joint legislative ethics committee,	4054
with the updated registration statement required by division (B)	4055
of section 121.62 of the Revised Code, a statement of expenditures	4056
as specified in divisions (B) and (C) of this section. An	4057
executive agency lobbyist shall file a separate statement of	4058
expenditures under this section for each employer that engages him	4059
the executive agency lobbyist.	4060

(B)(1) In addition to the information required by divisions	4061
(B)(2) and (3) of this section, a statement filed by an executive	4062
agency lobbyist shall show the total amount of expenditures made	4063
during the reporting period covered by the statement by the	4064
executive agency lobbyist.	4065

(2) If, during a reporting period covered by a statement, an	4066
employer or any executive agency lobbyist hethe employer engaged	4067
made, either separately or in combination with each other,	4068
expenditures to, at the request of, for the benefit of, or on	4069
behalf of a particular elected executive official, the director of	4070
a department created under section 121.02 of the Revised Code, a	4071
particular executive agency official, or a particular member of	4072
the staff of any public officer listed in division (B)(2) of this	4073
section, the employer or executive agency lobbyist also shall	4074
state the name of the public officer or employee to whom, at whose	4075
request, for whose benefit, or on whose behalf the expenditures	4076
were made, the total amount of the expenditures made, a brief	4077
description of the expenditures made, the approximate date the	4078
expenditures were made, the executive agency decision, if any,	4079
sought to be influenced, and the identity of the client on whose	4080
behalf the expenditure was made.	4081

As used in division (B)(2) of this section, "expenditures"	4082
does not include expenditures made by an executive agency lobbyist	4083
as payment for meals and other food and beverages.	4084

(3) If, during a reporting period covered by a statement, an	4085
executive agency lobbyist made expenditures as payment for meals	4086
and other food and beverages, other than for meals and other food	4087
and beverages provided at a meeting at which the person	4088
participated in a panel, seminar, or speaking engagement or at a	4089
meeting or convention of a national organization to which either	4090
house of the general assembly, any legislative agency, or any	4091
other state agency, including, but not limited to, any legislative	4092
agencyor state institution of higher education as defined in	4093
section 3345.011 of the Revised Code, pays membership dues, that,	4094
when added to the amount of previous payments made for meals and	4095
other food and beverages by that executive agency lobbyist during	4096
that same calendar year, exceeded a total of fifty dollars to, at	4097
the request of, for the benefit of, or on behalf of a particular	4098
elected executive official, the director of a department created	4099
under section 121.02 of the Revised Code, a particular executive	4100
agency official, or any particular member of the staff of any of	4101
the public officers or employees listed in division (B)(3) of this	4102
section, then the executive agency lobbyist shall also state	4103
regarding those expenditures the name of the public officer or	4104
employee to whom, at whose request, for whose benefit, or on whose	4105
behalf the expenditures were made, the total amount of the	4106
expenditures made, a brief description of the expenditures made,	4107
the approximate date the expenditures were made, the executive	4108
agency decision, if any, sought to be influenced, and the identity	4109
of the client on whose behalf the expenditure was made.	4110

(C) In addition to the information required by divisions	4111
(B)(2) and (3) of this section, a statement filed by an employer	4112
shall show the total amount of expenditures made by the employer	4113
filing the statement during the period covered by the statement.	4114
As used in this section, "expenditures" does not include the	4115
expenses of maintaining office facilities, or the compensation	4116
paid to executive agency lobbyists engaged to influence executive	4117
agency decisions or conduct executive agency lobbying activity.	4118

No employer shall be required to show any expenditure on a	4119
statement filed under this division if the expenditure is reported	4120
on a statement filed under division (B)(1), (2), or (3) of this	4121
section by an executive agency lobbyist engaged by the employer.	4122

(D) Any statement required to be filed under this section	4123
shall be filed at the times specified in section 121.62 of the	4124
Revised Code. Each statement shall cover expenditures made during	4125
the four-calendar-month period that ended on the last day of the	4126
month immediately preceding the month in which the statement is	4127
required to be filed.	4128

(E) If it is impractical or impossible for an executive	4129
agency lobbyist or employer to determine exact dollar amounts or	4130
values of expenditures, reporting of good faith estimates, based	4131
on reasonable accounting procedures, constitutes compliance with	4132
this division.	4133

(F) Executive agency lobbyists and employers shall retain	4134
receipts or maintain records for all expenditures that are	4135
required to be reported pursuant to this section. These receipts	4136
or records shall be maintained for a period ending on the	4137
thirty-first day of December of the second calendar year after the	4138
year in which the expenditure was made.	4139

(G)(1) At least ten days before the date on which the	4140
statement is filed, each employer or executive agency lobbyist who	4141
is required to file an expenditure statement under division (B)(2)	4142
or (3) of this section shall deliver a copy of the statement, or	4143
the portion showing the expenditure, to the public officer or	4144
employee who is listed in the statement as having received the	4145
expenditure or on whose behalf it was made.	4146

(2) If, during a reporting period covered by an expenditure	4147
statement filed under division (B)(2) of this section, an employer	4148
or any executive agency lobbyist hethe employer engaged made,	4149
either separately or in combination with each other, either	4150
directly or indirectly, expenditures for an honorarium or for	4151
transportation, lodging, or food and beverages purchased for	4152
consumption on the premises in which the food and beverages were	4153
sold to, at the request of, for the benefit or, or on behalf of	4154
any of the public officers or employees described in division	4155
(B)(2) of this section, the employer or executive agency lobbyist	4156
shall deliver to the public officer or employee a statement that	4157
contains all of the nondisputed information prescribed in division	4158
(B)(2) of this section with respect to the expenditures described	4159
in division (G)(2) of this section. The statement of expenditures	4160
made under division (G)(2) of this section shall be delivered to	4161
the public officer or employee to whom, at whose request, for	4162
whose benefit, or on whose behalf those expenditures were made on	4163
the same day in which a copy of the expenditure statement or of a	4164
portion showing the expenditure is delivered to the public officer	4165
or employee under division (G)(1) of this section. An employer is	4166
not required to show any expenditure on a statement delivered	4167
under division (G)(2) of this section if the expenditure is shown	4168
on a statement delivered under division (G)(2) of this section by	4169
a legislative agent engaged by the employer.	4170

Sec. 122.011.  (A) The department of development shall	4171
develop and promote plans and programs designed to assure that	4172
state resources are efficiently used, economic growth is properly	4173
balanced, community growth is developed in an orderly manner, and	4174
local governments are coordinated with each other and the state,	4175
and for such purposes may do all of the following:	4176

(1) Serve as a clearinghouse for information, data, and	4177
other materials that may be helpful or necessary to persons or	4178
local governments, as provided in section 122.07 of the Revised	4179
Code;	4180

(2) Prepare and activate plans for the retention,	4181
development, expansion, and use of the resources and commerce of	4182
the state, as provided in section 122.04 of the Revised Code;	4183

(3) Assist and cooperate with federal, state, and local	4184
governments and agencies of federal, state, and local governments	4185
in the coordination of programs to carry out the functions and	4186
duties of the department;	4187

(4) Encourage and foster research and development	4188
activities, conduct studies related to the solution of community	4189
problems, and develop recommendations for administrative or	4190
legislative actions, as provided in section 122.03 of the Revised	4191
Code;	4192

(5) Serve as the economic and community development planning	4193
agency, which shall prepare and recommend plans and programs for	4194
the orderly growth and development of this state and which shall	4195
provide planning assistance, as provided in section 122.06 of the	4196
Revised Code;	4197

(6) Cooperate with and provide technical assistance to state	4198
departments, political subdivisions, regional and local planning	4199
commissions, tourist associations, councils of government,	4200
community development groups, community action agencies, and other	4201
appropriate organizations for carrying out the functions and	4202
duties of the department or for the solution of community	4203
problems;	4204

(7) Coordinate the activities of state agencies that have an	4205
impact on carrying out the functions and duties of the department;	4206

(8) Encourage and assist the efforts of and cooperate with	4207
local governments to develop mutual and cooperative solutions to	4208
their common problems that relate to carrying out the purposes of	4209
this section;	4210

(9) Study existing structure, operations, and financing of	4211
regional or local government and those state activities that	4212
involve significant relations with regional or local governmental	4213
units, recommend to the governor and to the general assembly such	4214
changes in these provisions and activities as will improve the	4215
operations of regional or local government, and conduct other	4216
studies of legal provisions that affect problems related to	4217
carrying out the purposes of this section;	4218

(10) Appoint, with the approval of the governor, technical	4219
and other advisory councils as it considers appropriate, as	4220
provided in section 122.09 of the Revised Code;	4221

(11) Create and operate a division of community development	4222
to develop and administer programs and activities that are	4223
authorized by federal statute or the Revised Code;	4224

(12) Until July 1, 2001, review, analyze, and summarize	4225
applications and information regarding the family farm loan	4226
program forwarded to the department by a financial institution	4227
pursuant to section 901.81 of the Revised Code, and forward the	4228
applications, information, analyses, and summaries to the director	4229
of agriculture;	4230

(13) Until July 1, 20012003, establish fees and charges, in	4231
consultation with the director of agriculture, for purchasing	4232
loans from financial institutions and providing loan guarantees	4233
under the family farm loan program created under sections 901.80	4234
to 901.83 of the Revised Code;	4235

(14)(13) Provide loan servicing for the loans purchased and	4236
loan guarantees provided under section 901.80 of the Revised Code	4237
as that section existed prior to July 1, 20012003;	4238

(15)(14) Until July 1, 20012003, and upon approval by the	4239
controlling board under division (A)(3) of section 901.82 of the	4240
Revised Code of the release of money to be used for purchasing a	4241
loan or providing a loan guarantee, request the release of that	4242
money in accordance with division (B) of section 166.03 of the	4243
Revised Code for use for the purposes of the fund created by	4244
section 166.031 of the Revised Code.	4245

(B) The department, by rule, shall establish criteria	4246
defining nonprofit corporations that are eligible for appointment	4247
as qualified agents pursuant to sections 135.81 to 135.88 of the	4248
Revised Code. The criteria shall require that a corporation be	4249
organized pursuant to Chapter 1702. of the Revised Code and have	4250
as its primary purpose the promotion of economic development or	4251
the creation or retention of jobs and job opportunities. The	4252
criteria may include a specification as to the professional	4253
qualifications of the corporation employees, a minimum elapsed	4254
period of time since the corporation was organized, current and	4255
former activities of the corporation, and such other criteria	4256
reasonably related to the foregoing that relate to the ability of	4257
the corporation to act as a qualified agent for the purposes of	4258
sections 135.51135.81 to 135.88 of the Revised Code.	4259

(C) The director of development may request the attorney	4260
general to, and the attorney general, in accordance with section	4261
109.02 of the Revised Code, shall bring a civil action in any	4262
court of competent jurisdiction. The director may be sued in the	4263
director's official capacity, in connection with this chapter, in	4264
accordance with Chapter 2743. of the Revised Code.	4265

Sec. 122.71.  As used in sections 122.71 to 122.83 of the	4266
Revised Code:	4267

(A) "Financial institution" means any banking corporation,	4268
trust company, insurance company, savings and loan association,	4269
building and loan association, or corporation, partnership,	4270
federal lending agency, foundation, or other institution engaged	4271
in lending or investing funds for industrial or business purposes.	4272

(B) "Project" means any real or personal property connected	4273
with or being a part of an industrial, distribution, commercial,	4274
or research facility to be acquired, constructed, reconstructed,	4275
enlarged, improved, furnished, or equipped, or any combination	4276
thereof, with the aid provided under sections 122.71 to 122.83 of	4277
the Revised Code, for industrial, commercial, distribution, and	4278
research development of the state.	4279

(C) "Mortgage" means the lien imposed on a project by a	4280
mortgage on real property, or by financing statements on personal	4281
property, or a combination of a mortgage and financing statements	4282
when a project consists of both real and personal property.	4283

(D) "Mortgagor" means the principal user of a project or the	4284
person, corporation, partnership, or association unconditionally	4285
guaranteeing performance by the principal user of its obligations	4286
under the mortgage.	4287

(E)(1) "Minority business enterprise" means an individual who	4288
is a United States citizen and owns and controls a business, or a	4289
partnership, corporation, or joint venture of any kind that is	4290
owned and controlled by United States citizens who, which citizen	4291
or citizens are residents of this state or nonresidents of this	4292
state who have a significant presence in this state, and who are	4293
members of one of the following economically disadvantaged groups:	4294
Blacks, American Indians, Hispanics, and Orientals.	4295

(2) "Owned and controlled" means that at least fifty-one per	4296
cent of the business, including corporate stock if a corporation,	4297
is owned by persons who belong to one or more of the groups set	4298
forth in division (E)(1) of this section, and that those owners	4299
have control over the management and day-to-day operations of the	4300
business and an interest in the capital, assets, and profits and	4301
losses of the business proportionate to their percentage of	4302
ownership. In order to qualify as a minority business enterprise,	4303
a business shall have been owned and controlled by those persons	4304
at least one year prior to being awarded a contract pursuant to	4305
this section.	4306

(F) "Community improvement corporation" means a corporation	4307
organized under Chapter 1724. of the Revised Code.	4308

(G) "Ohio development corporation" means a corporation	4309
organized under Chapter 1726. of the Revised Code.	4310

(H) "Minority contractors business assistance organization"	4311
means an entity engaged in the provision of management and	4312
technical business assistance to minority business enterprise	4313
entrepreneurs.	4314

(I) "Minority business supplier development council" means a	4315
nonprofit organization established as an affiliate of the national	4316
minority supplier development council.	4317

Sec. 122.76.  (A) The director of development, with	4318
controlling board approval, may lend funds to minority business	4319
enterprises and to community improvement corporations and, Ohio	4320
development corporations, minority contractors business assistance	4321
organizations, and minority business supplier development	4322
councils for the purpose of loaning funds to minority business	4323
enterprises and for the purpose of procuring or improving real or	4324
personal property, or both, for the establishment, location, or	4325
expansion of industrial, distribution, commercial, or research	4326
facilities in the state, if the director determines, in the	4327
director's sole discretion, that all of the following apply:	4328

(1) The project is economically sound and will benefit the	4329
people of the state by increasing opportunities for employment, by	4330
strengthening the economy of the state, or expanding minority	4331
business enterprises;.	4332

(2) The proposed minority business enterprise borrower is	4333
unable to finance the proposed project through ordinary financial	4334
channels at comparable terms;.	4335

(3) The value of the project is, or, upon completion	4336
thereof, will be, at least equal to the total amount of the money	4337
expended in the procurement or improvement of the project, and of	4338
which amount one or more financial institutions or other	4339
governmental entities have loaned not less than thirty per cent;	4340
of that amount.	4341

(4) The amount to be loaned by the director will not exceed	4342
sixty per cent of the total amount expended in the procurement or	4343
improvement of the project;.	4344

(5) The amount to be loaned by the director will be	4345
adequately secured by a first or second mortgage upon the project,	4346
or by mortgages, leases, liens, assignments, or pledges on or of	4347
other property or contracts as the director requires, and that	4348
such mortgage will not be subordinate to any other liens or	4349
mortgages except the liens securing loans or investments made by	4350
financial institutions referred to in division (A)(3) of this	4351
section, and the liens securing loans previously made by any	4352
financial institution in connection with the procurement or	4353
expansion of all or part of a project.	4354

(B) Any proposed minority business enterprise borrower	4355
submitting an application for assistance under this section shall	4356
not have defaulted on a previous loan from the director, and no	4357
full or limited partner, or major shareholder, or holder of an	4358
equity interest of the proposed minority business enterprise	4359
borrower shall have defaulted on a loan from the director;.	4360

(C) The proposed minority business enterprise borrower shall	4361
demonstrate to the satisfaction of the director that it is able to	4362
successfully compete in the private sector if it obtains the	4363
necessary financial, technical, or managerial support and that	4364
support is available through the director, the minority business	4365
development office of the department of development, or other	4366
identified and acceptable sources. In determining whether a	4367
minority business enterprise borrower will be able to successfully	4368
compete, the director may give consideration to such factors as	4369
the successful completion of or participation in courses of study,	4370
recognized by the board of regents as providing financial,	4371
technical, or managerial skills related to the operation of the	4372
business, by the economically disadvantaged individual, owner, or	4373
partner, and the prior success of the individual, owner, or	4374
partner in personal, career, or business activities, as well as to	4375
other factors identified by the director.	4376

(D) The director shall not lend funds for the purpose of	4377
procuring or improving motor vehicles, power-driven vehicles,	4378
office equipment, raw materials, small tools, supplies,	4379
inventories, or accounts receivable.	4380

Sec. 122.92.  There is hereby created in the department of	4381
development a minority business development division. The	4382
division shall do all of the following:	4383

(A) Provide technical, managerial, and counseling services	4384
and assistance to minority business enterprises;	4385

(B) Provide procurement and bid packaging assistance to	4386
minority business enterprises;	4387

(C) Provide bonding technical assistance to minority	4388
business enterprises;	4389

(D) Participate with other state departments and agencies as	4390
appropriate in developing specific plans and specific program	4391
goals for programs to assist in the establishment and development	4392
of minority business enterprises and establish regular performance	4393
monitoring and reporting systems to ensure that those goals are	4394
being achieved;	4395

(E) Implement state law and policy supporting minority	4396
business enterprise development, and assist in the coordination of	4397
plans, programs, and operations of state government which affect	4398
or may contribute to the establishment, preservation, and	4399
strengthening of minority business enterprises;	4400

(F) Assist in the coordination of activities and resources	4401
of state agencies and local governments, business and trade	4402
associations, universities, foundations, professional	4403
organizations, and volunteer and other groups, to promote the	4404
growth of minority business enterprises;	4405

(G) Establish a center for the development, collection, and	4406
dissemination of information that will be helpful to persons in	4407
establishing or expanding minority business enterprises in this	4408
state;	4409

(H) Design, implement, and assist in experimental and	4410
demonstration projects designed to overcome the special problems	4411
of minority business enterprises;	4412

(I) Coordinate reviews of all proposed state training and	4413
technical assistance activities in direct support of minority	4414
business enterprise programs to ensure consistency with program	4415
goals and to preclude duplication of efforts by other state	4416
agencies;	4417

(J) Recommend appropriate legislative or executive actions	4418
to enhance minority business enterprise opportunities in the	4419
state;	4420

(K) Assist minority business enterprises in obtaining	4421
governmental or commercial financing for business expansion,	4422
establishment of new businesses, or industrial development	4423
projects;	4424

(L) Assist minority business enterprises in contract	4425
procurement from government and commercial sources;	4426

(M) Establish procedures to identify groups who have been	4427
disadvantaged because of racial, cultural, or ethnic circumstances	4428
without regard to the individual qualities of the members of the	4429
group;	4430

(N) Establish procedures to identify persons who have been	4431
economically disadvantaged;	4432

(O) Provide grant assistance to nonprofit entities that	4433
promote economic development, development corporations, community	4434
improvement corporations, and incubator business entities, if the	4435
entities or corporations focus on business, technical, and	4436
financial assistance to minority business enterprises to assist	4437
the enterprises with fixed asset financing;	4438

(P) Do all acts and things necessary or proper to carry out	4439
the powers expressly granted and duties imposed by sections 122.92	4440
to 122.94 of the Revised Code.	4441

Sec. 124.24.  Notwithstanding sections 124.01 to 124.64 and	4442
Chapter 145. of the Revised Code, the examinations of applicants	4443
for the positions of deputy mine inspector, superintendent of	4444
rescue stations, assistant superintendent of rescue stations,	4445
electrical inspectors, gas storage well inspector, and mine	4446
chemists in the division of mineral resources management,	4447
department of natural resources, as provided in Chapters 1561.,	4448
1563., 1565., and 1567. of the Revised Code shall be provided for,	4449
conducted, and administered by the mine examining board created by	4450
section 1561.10 of the Revised Codechief of the division of	4451
mineral resources management.	4452

From the returns of the examinations the mine examining board	4453
chief shall prepare eligible lists of the persons whose general	4454
average standing upon examinations for such grade or class is not	4455
less than the minimum fixed by the rules of the boardadopted	4456
under section 1561.05 of the Revised Code and who are otherwise	4457
eligible. All appointments to a position shall be made from such	4458
eligible list in the same manner as appointments are made from	4459
eligible lists prepared by the director of administrative	4460
services. Any person upon being appointed to fill one of the	4461
positions provided for in this section, from any such eligible	4462
list, shall have the same standing, rights, privileges, and status	4463
as other state employees in the classified service.	4464

Sec. 124.82.  (A) Except as provided in division (D) of this	4465
section, the department of administrative services, in	4466
consultation with the superintendent of insurance, shall, in	4467
accordance with competitive selection procedures of Chapter 125.	4468
of the Revised Code, contract with an insurance company or a	4469
health plan in combination with an insurance company, authorized	4470
to do business in this state, for the issuance of a policy or	4471
contract of health, medical, hospital, dental, or surgical	4472
benefits, or any combination thereofof those benefits, covering	4473
state employees who are paid directly by warrant of the auditor of	4474
state, including elected state officials. The department may	4475
fulfill its obligation under this division by exercising its	4476
authority under division (A)(2) of section 124.81 of the Revised	4477
Code.	4478

(B) The department may, in addition, in consultation with	4479
the superintendent of insurance, negotiate and contract with	4480
health insuring corporations holding a certificate of authority	4481
under Chapter 1751. of the Revised Code, in their approved service	4482
areas only, for issuance of a contract or contracts of health care	4483
services, covering state employees who are paid directly by	4484
warrant of the auditor of state, including elected state	4485
officials. Except for health insuring corporations, no more than	4486
one insurance carrier or health plan shall be contracted with to	4487
provide the same plan of benefits, provided that:	4488

(1) The amount of the premium or cost for such coverage	4489
contributed by the state, for an individual or for an individual	4490
and the individual's family, does not exceed that same amount of	4491
the premium or cost contributed by the state under division (A) of	4492
this section;	4493

(2) The employee be permitted to exercise the option as to	4494
which plan the employee will select under division (A) or (B) of	4495
this section, at a time that shall be determined by the	4496
department;	4497

(3) The health insuring corporations do not refuse to accept	4498
the employee, or the employee and the employee's family, if the	4499
employee exercises the option to select care provided by the	4500
corporations;	4501

(4) The employee may choose participation in only one of the	4502
plans sponsored by the department;	4503

(5) The director of health examines and certifies to the	4504
department that the quality and adequacy of care rendered by the	4505
health insuring corporations meet at least the standards of care	4506
provided by hospitals and physicians in that employee's community,	4507
who would be providing such care as would be covered by a contract	4508
awarded under division (A) of this section.	4509

(C) All or any portion of the cost, premium, or charge for	4510
the coverage in divisions (A) and (B) of this section may be paid	4511
in such manner or combination of manners as the department	4512
determines and may include the proration of health care costs,	4513
premiums, or charges for part-time employees.	4514

(D) Notwithstanding division (A) of this section, the	4515
department may provide benefits equivalent to those that may be	4516
paid under a policy or contract issued by an insurance company or	4517
a health plan pursuant to division (A) of this section.	4518

(E) This section does not prohibit the state office of	4519
collective bargaining from entering into an agreement with an	4520
employee representative for the purposes of providing fringe	4521
benefits, including, but not limited to, hospitalization, surgical	4522
care, major medical care, disability, dental care, vision care,	4523
medical care, hearing aids, prescription drugs, group life	4524
insurance, sickness and accident insurance, group legal services	4525
or other benefits, or any combination thereof, to employees paid	4526
directly by warrant of the auditor of state through a jointly	4527
administered trust fund. The employer's contribution for the cost	4528
of the benefit care shall be mutually agreed to in the	4529
collectively bargained agreement. The amount, type, and structure	4530
of fringe benefits provided under this division is subject to the	4531
determination of the board of trustees of the jointly administered	4532
trust fund. Notwithstanding any other provision of the Revised	4533
Code, competitive bidding does not apply to the purchase of fringe	4534
benefits for employees under this division when such benefits are	4535
provided through a jointly administered trust fund.	4536

(F) Members of state boards and commissions who are members	4537
of the public employees retirement system may be covered by any	4538
policy, contract, or plan of benefits or services described in	4539
division (A) or (B) of this section if they pay the entire amount	4540
of the premiums, costs, or charges for that coverage.	4541

Sec. 125.22.  (A) The department of administrative services	4542
shall establish the central service agency to perform routine	4543
support for the following boards and commissions:	4544

(1) State board of examiners of architects;

4545

(2) Barber board;

4546

(3) State chiropractic board;

4547

(4) State board of cosmetology;

4548

(5) Accountancy board;

4549

(6) State dental board;

4550

(7) State board of optometry;

4551

(8) Ohio occupational therapy, physical therapy, and	4552
athletic trainers board;	4553

(9) State board of registration for professional engineers	4554
and surveyors;	4555

(10) State board of sanitarian registration;

4556

(11) Board of embalmers and funeral directors;

4557

(12) State board of psychology;

4558

(13) Ohio optical dispensers board;

4559

(14) Board of speech pathology and audiology;

4560

(15) Counselor and social worker board;

4561

(16) State veterinary medical licensing board;

4562

(17) Ohio board of dietetics;

4563

(18) Commission on Hispanic-Latino affairs;

4564

(19) Ohio respiratory care board;

4565

(20) Ohio commission on African-American males.

4566

(B)(1) Notwithstanding any other section of the Revised	4567
Code, the agency shall perform the following routine support	4568
services for the boards and commissions named in division (A) of	4569
this section unless the controlling board exempts a board or	4570
commission from this requirement on the recommendation of the	4571
director of administrative services:	4572

(a) Preparing and processing payroll and other personnel	4573
documents;	4574

(b) Preparing and processing vouchers, purchase orders,	4575
encumbrances, and other accounting documents;	4576

(c) Maintaining ledgers of accounts and balances;

4577

(d) Preparing and monitoring budgets and allotment plans in	4578
consultation with the boards and commissions;	4579

(e) Maintaining information required by section 3729.40 of	4580
the Revised Code;	4581

(f) Other routine support services that the director of	4582
administrative services considers appropriate to achieve	4583
efficiency.	4584

(2) The agency may perform other services which a board or	4585
commission named in division (A) of this section delegates to the	4586
agency and the agency accepts.	4587

(3) The agency may perform any service for any professional	4588
or occupational licensing board not named in division (A) of this	4589
section or any commission if the board or commission requests such	4590
service and the agency accepts.	4591

(C) The director of administrative services shall be the	4592
appointing authority for the agency.	4593

(D) The agency shall determine the fees to be charged to the	4594
boards and commissions, which shall be in proportion to the	4595
services performed for each board or commission.	4596

(E) Each board or commission named in division (A) of this	4597
section and any other board or commission requesting services from	4598
the agency shall pay these fees to the agency from the general	4599
revenue fund maintenance account of the board or commission or	4600
from such other fund as the operating expenses of the board or	4601
commission are paid. Any amounts set aside for a fiscal year by a	4602
board or commission to allow for the payment of fees shall be used	4603
only for the services performed by the agency in that fiscal year.	4604
All receipts collected by the agency shall be deposited in the	4605
state treasury to the credit of the central service agency fund,	4606
which is hereby created. All expenses incurred by the agency in	4607
performing services for the boards or commissions shall be paid	4608
from the fund.	4609

(F) Nothing in this section shall be construed as a grant of	4610
authority for the central service agency to initiate or deny	4611
personnel or fiscal actions for the boards and commissions.	4612

Sec. 126.11.  (A)(1) The director of budget and management	4613
shall, upon consultation with the treasurer of state, coordinate	4614
and approve the scheduling of initial sales of publicly offered	4615
securities of the state and of publicly offered fractionalized	4616
interests in or securitized issues of public obligations of the	4617
state. The director shall from time to time develop and	4618
distribute to state issuers an approved sale schedule for each of	4619
the obligations covered by this division (A) or (B) of this	4620
section. This divisionDivision (A) of this section applies only	4621
to those obligations on which the state or a state agency is the	4622
direct obligor or obligor on any backup security or related credit	4623
enhancement facility or source of money subject to state	4624
appropriations that is intended for payment of those obligations.	4625

(2) The issuers of obligations pursuant to section 151.03,	4626
151.04, 151.05, or 151.07 or Chapter 152. of the Revised Code	4627
shall submit to the director:	4628

(a) For review and approval: the projected sale date,	4629
amount, and type of obligations proposed to be sold; their	4630
purpose, security, and source of payment; and the proposed	4631
structure and maturity schedule;	4632

(b) For review and comment: the authorizing order or	4633
resolution; preliminary and final offering documents; method of	4634
sale; preliminary and final pricing information; and any written	4635
reports or recommendations of financial advisors or consultants	4636
relating to those obligations;	4637

(c) Promptly after each sale of those obligations: final	4638
terms, including sale price, maturity schedule and yields, and	4639
sources and uses; names of the original purchasers or	4640
underwriters; a copy of the final offering document and of the	4641
transcript of proceedings; and any other pertinent information	4642
requested by the director.	4643

(3) The issuer of obligations pursuant to section 151.06 or	4644
151.08 or Chapter 154. or 3318. of the Revised Code shall submit	4645
to the director:	4646

(a) For review and mutual agreement: the projected sale	4647
date, amount, and type of obligations proposed to be sold; their	4648
purpose, security, and source of payment; and the proposed	4649
structure and maturity schedule;	4650

(b) For review and comment: the authorizing order or	4651
resolution; preliminary and final offering documents; method of	4652
sale; preliminary and final pricing information; and any written	4653
reports or recommendations of financial advisors or consultants	4654
relating to those obligations;	4655

(c) Promptly after each sale of those obligations: final	4656
terms, including sale price, maturity schedule and yields, and	4657
sources and uses; names of the original purchasers or	4658
underwriters; a copy of the final offering document and of the	4659
transcript of proceedings; and any other pertinent information	4660
requested by the director.	4661

(4) The issuers of obligations pursuant to Chapter 166.,	4662
4981., 5540., or 6121., or section 5531.10, of the Revised Code	4663
shall submit to the director:	4664

(a) For review and comment: the projected sale date, amount,	4665
and type of obligations proposed to be sold; the purpose,	4666
security, and source of payment; and preliminary and final	4667
offering documents;	4668

(b) Promptly after each sale of those obligations: final	4669
terms, including a maturity schedule; names of the original	4670
purchasers or underwriters; a copy of the complete continuing	4671
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	4672
rule as from time to time in effect; and any other pertinent	4673
information requested by the director.	4674

(5) Not later than thirty days after the end of a fiscal	4675
year, each issuer of obligations subject to divisions (A) and (B)	4676
of this section shall submit to the director and to the treasurer	4677
of state a sale plan for the then current fiscal year for each	4678
type of obligation, projecting the amount and term of each	4679
issuance, the method of sale, and the month of sale.	4680

(B) Issuers of obligations pursuant to section 3318.085 or	4681
Chapter 122., 166., 175., 3345., 3347., 3366., 3377., 3706.,	4682
3737., 5537., 6121., or 6123. of the Revised Code, and issuers of	4683
securities issued pursuant to Chapter 165. of the Revised Code	4684
other than a county or municipal corporation, shall submit to the	4685
director copies of the preliminary and final offering documents	4686
upon their availability if not previously submitted pursuant to	4687
division (A) of this section.	4688

(C) Not later than the first day of January of each year,	4689
every state agency obligated to make payments on outstanding	4690
public obligations with respect to which fractionalized interests	4691
have been publicly issued, such as certificates of participation,	4692
shall submit a report to the director of the amounts payable from	4693
state appropriations under those public obligations during the	4694
then current and next two fiscal years, identifying the	4695
appropriation or intended appropriation from which payment is	4696
expected to be made.	4697

(D)(1) Information relating generally to the historic,	4698
current, or future demographics or economy or financial condition	4699
or funds or general operations of the state, and descriptions of	4700
any state contractual obligations relating to public obligations,	4701
to be contained in any offering document, continuing disclosure	4702
document, or written presentation prepared, approved, or provided,	4703
or committed to be provided, by an issuer in connection with the	4704
original issuance and sale of, or rating, remarketing, or credit	4705
enhancement facilities relating to, public obligations referred to	4706
in division (A) of this section shall be approved as to format and	4707
accuracy by the director before being presented, published, or	4708
disseminated in preliminary, draft, or final form, or publicly	4709
filed in paper, electronic, or other format.	4710

(2) Except for information described in division (D)(1) of	4711
this section that is to be contained in an offering document,	4712
continuing disclosure document, or written presentation, division	4713
(D)(1) of this section does not inhibit direct communication	4714
between an issuer and a rating agency, remarketing agent, or	4715
credit enhancement provider concerning an issuance of public	4716
obligations referred to in division (A) of this section or matters	4717
associated with that issuance.	4718

(3) The materials approved and provided pursuant to division	4719
(D) of this section are the information relating to the particular	4720
subjects provided by the state or state agencies that are required	4721
or contemplated by any applicable state or federal securities laws	4722
and any commitments by the state or state agencies made under	4723
those laws. Reliance for the purpose should not be placed on any	4724
other information publicly provided, in any format including	4725
electronic, by any state agency for other purposes, including	4726
general information provided to the public or to portions of the	4727
public. A statement to that effect shall be included in those	4728
materials so approved or provided.	4729

(E) Issuers of obligations referred to in division (A) of	4730
this section may take steps, by formal agreement, covenants in the	4731
proceedings, or otherwise, as may be necessary or appropriate to	4732
comply or permit compliance with applicable lawful disclosure	4733
requirements relating to those obligations, and may, subject to	4734
division (D) of this section, provide, make available, or file	4735
copies of any required disclosure materials as necessary or	4736
appropriate. Any such formal agreement or covenant relating to	4737
subjects referred to in division (D) of this section, and any	4738
description of that agreement or covenant to be contained in any	4739
offering document, shall be approved by the director before being	4740
entered into or published or publicly disseminated in preliminary,	4741
draft, or final form or publicly filed in paper, electronic, or	4742
other format. The director shall be responsible for making all	4743
filings in compliance with those requirements relating to direct	4744
obligations of the state, including fractionalized interests in	4745
those obligations.	4746

(F) No state agency or official shall, without the approval	4747
of the director of budget and management, do either of the	4748
following:	4749

(1) Enter into or commit to enter into a public obligation	4750
under which fractionalized interests in the payments are to be	4751
publicly offered, which payments are anticipated to be made from	4752
money from any source appropriated or to be appropriated by the	4753
general assembly or in which the provision stated in section 9.94	4754
of the Revised Code is not included;	4755

(2) Except as otherwise expressly authorized for the purpose	4756
by law, agree or commit to provide, from money from any source to	4757
be appropriated in the future by the general assembly, financial	4758
assistance to or participation in the costs of capital facilities,	4759
or the payment of debt charges, directly or by way of a credit	4760
enhancement facility, a reserve, rental payments, or otherwise, on	4761
obligations issued to pay costs of capital facilities.	4762

(G) As used in this section, "credit enhancement	4763
facilities," "debt charges," "fractionalized interests in public	4764
obligations," "obligor," "public issuer," and "securities" have	4765
the same meanings as in section 133.01 of the Revised Code;	4766
"public obligation" has the same meaning as in division (GG)(2) of	4767
section 133.01 of the Revised Code; "obligations" means securities	4768
or public obligations or fractionalized interests in them;	4769
"issuers" means issuers of securities or state obligors on public	4770
obligations; "offering document" means an official statement,	4771
offering circular, private placement memorandum, or prospectus, or	4772
similar document; and "director" means the director of budget and	4773
management or the employee of the office of budget and management	4774
designated by the director for the purpose.	4775

Sec. 126.21.  (A) The director of budget and management	4776
shall do all of the following:	4777

(1) Keep all necessary accounting records;

4778

(2) Prescribe and maintain the accounting system of the	4779
state and establish appropriate accounting procedures and charts	4780
of accounts;	4781

(3) Establish procedures for the use of written, electronic,	4782
optical, or other communications media for approving payment	4783
vouchers;	4784

(4) Reconcile, in the case of any variation between the	4785
amount of any appropriation and the aggregate amount of items of	4786
the appropriation, with the advice and assistance of the state	4787
agency affected by it and the legislative budget office of the	4788
legislative service commission, totals so as to correspond in the	4789
aggregate with the total appropriation. In the case of a conflict	4790
between the item and the total of which it is a part, the item	4791
shall be considered the intended appropriation.	4792

(5) Evaluate on an ongoing basis and, if necessary,	4793
recommend improvements to the internal controls used in state	4794
agencies;	4795

(6) Authorize the establishment of petty cash accounts. The	4796
director of budget and management may withdraw approval for any	4797
petty cash account and require the officer in charge to return to	4798
the state treasury any unexpended balance shown by the officer's	4799
accounts to be on hand. Any officer who is issued a warrant for	4800
petty cash shall render a detailed account of the expenditures of	4801
the petty cash and shall report when requested the balance of	4802
petty cash on hand at any time.	4803

(7) Process orders, invoices, vouchers, claims, and payrolls	4804
and prepare financial reports and statements;	4805

(8) Perform extensions, reviews, and compliance checks prior	4806
to approving a payment as the director considers necessary;	4807

(9) Issue the official comprehensive annual financial report	4808
of the state. The report shall cover all funds and account groups	4809
of the state reporting entity and shall include general purpose	4810
basic financial statements and required supplementary information	4811
prepared in accordance with generally accepted accounting	4812
principles and other information as the director provides. All	4813
state agencies, authorities, institutions, offices, retirement	4814
systems, and other component units of the state reporting entity	4815
as determined by the director shall furnish the director whatever	4816
financial statements and other information the director requests	4817
for the report, in the form, at the times, covering the periods,	4818
and with the attestation the director prescribes. The information	4819
for state institutions of higher education, as defined in section	4820
3345.011 of the Revised Code, shall be submitted to the director	4821
by the Ohio board of regents. The board shall establish a due	4822
date by which each such institution shall submit the information	4823
to the board, but no such date shall be later than one hundred	4824
twenty days after the end of the state fiscal year unless a later	4825
date is approved by the director.	4826

(B) In addition to the director's duties under division (A)	4827
of this section, the director of budget and management may	4828
establish and administer one or more state payment card programs	4829
that permit or require state agencies to use a payment card to	4830
purchase equipment, materials, supplies, or services in accordance	4831
with guidelines issued by the director. The director may contract	4832
with one or more vendors to provide the payment cards and payment	4833
card services. State agencies may only participate in state	4834
payment card programs that the director establishes pursuant to	4835
this section.	4836

Sec. 127.16.  (A) Upon the request of either a state agency	4837
or the director of budget and management and after the controlling	4838
board determines that an emergency or a sufficient economic reason	4839
exists, the controlling board may approve the making of a purchase	4840
without competitive selection as provided in division (B) of this	4841
section.	4842

(B) Except as otherwise provided in this section, no state	4843
agency, using money that has been appropriated to it directly,	4844
shall:	4845

(1) Make any purchase from a particular supplier, that would	4846
amount to fifty thousand dollars or more when combined with both	4847
the amount of all disbursements to the supplier during the fiscal	4848
year for purchases made by the agency and the amount of all	4849
outstanding encumbrances for purchases made by the agency from the	4850
supplier, unless the purchase is made by competitive selection or	4851
with the approval of the controlling board;	4852

(2) Lease real estate from a particular supplier, if the	4853
lease would amount to seventy-five thousand dollars or more when	4854
combined with both the amount of all disbursements to the supplier	4855
during the fiscal year for real estate leases made by the agency	4856
and the amount of all outstanding encumbrances for real estate	4857
leases made by the agency from the supplier, unless the lease is	4858
made by competitive selection or with the approval of the	4859
controlling board.	4860

(C) Any person who authorizes a purchase in violation of	4861
division (B) of this section shall be liable to the state for any	4862
state funds spent on the purchase, and the attorney general shall	4863
collect the amount from the person.	4864

(D) Nothing in division (B) of this section shall be	4865
construed as:	4866

(1) A limitation upon the authority of the director of	4867
transportation as granted in sections 5501.17, 5517.02, and	4868
5525.14 of the Revised Code;	4869

(2) Applying to medicaid provider agreements under Chapter	4870
5111. of the Revised Code or payments or provider agreements under	4871
disability assistance medical assistance established under Chapter	4872
5115. of the Revised Code;	4873

(3) Applying to the purchase of examinations from a sole	4874
supplier by a state licensing board under Title XLVII of the	4875
Revised Code;	4876

(4) Applying to entertainment contracts for the Ohio state	4877
fair entered into by the Ohio expositions commission, provided	4878
that the controlling board has given its approval to the	4879
commission to enter into such contracts and has approved a total	4880
budget amount for such contracts as agreed upon by commission	4881
action, and that the commission causes to be kept itemized records	4882
of the amounts of money spent under each contract and annually	4883
files those records with the clerk of the house of representatives	4884
and the clerk of the senate following the close of the fair;	4885

(5) Limiting the authority of the chief of the division of	4886
mineral resources management to contract for reclamation work with	4887
an operator mining adjacent land as provided in section 1513.27 of	4888
the Revised Code;	4889

(6) Applying to investment transactions and procedures of	4890
any state agency, except that the agency shall file with the board	4891
the name of any person with whom the agency contracts to make,	4892
broker, service, or otherwise manage its investments, as well as	4893
the commission, rate, or schedule of charges of such person with	4894
respect to any investment transactions to be undertaken on behalf	4895
of the agency. The filing shall be in a form and at such times as	4896
the board considers appropriate.	4897

(7) Applying to purchases made with money for the per cent	4898
for arts program established by section 3379.10 of the Revised	4899
Code;	4900

(8) Applying to purchases made by the rehabilitation	4901
services commission of services, or supplies, that are provided to	4902
persons with disabilities, or to purchases made by the commission	4903
in connection with the eligibility determinations it makes for	4904
applicants of programs administered by the social security	4905
administration;	4906

(9) Applying to payments by the department of job and family	4907
services under section 5111.13 of the Revised Code for group	4908
health plan premiums, deductibles, coinsurance, and other	4909
cost-sharing expenses;	4910

(10) Applying to any agency of the legislative branch of the	4911
state government;	4912

(11) Applying to agreements or contracts entered into under	4913
section 5101.11, 5101.21, or 5101.211 of the Revised Code;	4914

(12) Applying to purchases of services by the adult parole	4915
authority under section 2967.14 of the Revised Code or by the	4916
department of youth services under section 5139.08 of the Revised	4917
Code;	4918

(13) Applying to dues or fees paid for membership in an	4919
organization or association;	4920

(14) Applying to purchases of utility services pursuant to	4921
section 9.30 of the Revised Code;	4922

(15) Applying to purchases made in accordance with rules	4923
adopted by the department of administrative services of motor	4924
vehicle, aviation, or watercraft fuel, or emergency repairs of	4925
such vehicles;	4926

(16) Applying to purchases of tickets for passenger air	4927
transportation;	4928

(17) Applying to purchases necessary to provide public	4929
notifications required by law or to provide notifications of job	4930
openings;	4931

(18) Applying to the judicial branch of state government;

4932

(19) Applying to purchases of liquor for resale by the	4933
division of liquor control;	4934

(20) Applying to purchases of motor courier and freight	4935
services made in accordance with department of administrative	4936
services rules;	4937

(21) Applying to purchases from the United States postal	4938
service and purchases of stamps and postal meter replenishment	4939
from vendors at rates established by the United States postal	4940
service;	4941

(22) Applying to purchases of books, periodicals, pamphlets,	4942
newspapers, maintenance subscriptions, and other published	4943
materials;	4944

(23) Applying to purchases from other state agencies,	4945
including state-assisted institutions of higher education;	4946

(24) Limiting the authority of the director of environmental	4947
protection to enter into contracts under division (D) of section	4948
3745.14 of the Revised Code to conduct compliance reviews, as	4949
defined in division (A) of that section;	4950

(25) Applying to purchases from a qualified nonprofit agency	4951
pursuant to sections 4115.31 to 4115.35 of the Revised Code;	4952

(26) Applying to payments by the department of job and	4953
family services to the United States department of health and	4954
human services for printing and mailing notices pertaining to the	4955
tax refund offset program of the internal revenue service of the	4956
United States department of the treasury;	4957

(27) Applying to contracts entered into by the department of	4958
mental retardation and developmental disabilities under sections	4959
5123.18, 5123.182, and 5111.252 of the Revised Code;	4960

(28) Applying to payments made by the department of mental	4961
health under a physician recruitment program authorized by section	4962
5119.101 of the Revised Code;	4963

(29) Applying to contracts entered into with persons by the	4964
director of commerce for unclaimed funds collection and remittance	4965
efforts as provided in division (F) of section 169.03 of the	4966
Revised Code. The director shall keep an itemized accounting of	4967
unclaimed funds collected by those persons and amounts paid to	4968
them for their services.	4969

(30) Applying to purchases made by a state institution of	4970
higher education in accordance with the terms of a contract	4971
between the vendor and an inter-university purchasing group	4972
comprised of purchasing officers of state institutions of higher	4973
education;	4974

(31) Applying to the department of job and family services'	4975
purchases of health assistance services under the children's	4976
health insurance program part I provided for under section 5101.50	4977
of the Revised Code or the children's health insurance program	4978
part II provided for under section 5101.51 of the Revised Code;	4979

(32) Applying to payments by the attorney general from the	4980
reparations fund to hospitals and other emergency medical	4981
facilities for performing medical examinations to collect physical	4982
evidence pursuant to section 2907.28 of the Revised Code;	4983

(33) Applying to contracts with a contracting authority or	4984
administrative receiver under division (G)(2) of section 5126.055	4985
of the Revised Code.	4986

(E) Notwithstanding division (B)(1) of this section, the	4987
cumulative purchase threshold shall be seventy-five thousand	4988
dollars for the departments of mental retardation and	4989
developmental disabilities, mental health, rehabilitation and	4990
correction, and youth services.	4991

(F) When determining whether a state agency has reached the	4992
cumulative purchase thresholds established in divisions (B)(1),	4993
(B)(2), and (E) of this section, all of the following purchases by	4994
such agency shall not be considered:	4995

(1) Purchases made through competitive selection or with	4996
controlling board approval;	4997

(2) Purchases listed in division (D) of this section;

4998

(3) For the purposes of the thresholds of divisions (B)(1)	4999
and (E) of this section only, leases of real estate.	5000

(G) As used in this section, "competitive selection,"	5001
"purchase," "supplies," and "services" have the same meanings as	5002
in section 125.01 of the Revised Code.	5003

Sec. 131.01.  As used in Chapters 113., 117., 123., 124.,	5004
125., 126., 127., and 131. of the Revised Code, and any statute	5005
that uses the terms in connection with state accounting or	5006
budgeting:	5007

(A) "Account" means any record, element, or summary in which	5008
financial transactions are identified and recorded as debit or	5009
credit transactions in order to summarize items of a similar	5010
nature or classification.	5011

(B) "Accounting procedure" means the arrangement of all	5012
processes which discover, record, and summarize financial	5013
information to produce financial statements and reports and to	5014
provide internal control.	5015

(C) "Accounting system" means the total structure of records	5016
and procedures which discover, record, classify, and report	5017
information on the financial position and operations of a	5018
governmental unit or any of its funds, balanced account groups,	5019
and organizational components.	5020

(D) "Allocation" means a portion of an appropriation which is	5021
designated for expenditure by specific organizational units or for	5022
special purposes, activities, or objects that do not relate to a	5023
period of time.	5024

(E) "Allotment" means all or part of an appropriation which	5025
may be encumbered or expended within a specific period of time.	5026

(F) "Appropriation" means an authorization granted by the	5027
general assembly to make expenditures and to incur obligations for	5028
specific purposes.	5029

(G) "Assets" means resources owned, controlled, or otherwise	5030
used or held by the state which have monetary value.	5031

(H) "Budget" means the plan of financial operation embodying	5032
an estimate of proposed expenditures and obligations for a given	5033
period and the proposed means of financing them.	5034

(I) "Direct deposit" is a form of electronic funds transfer	5035
in which money is electronically deposited into the account of a	5036
person or entity at a financial institution.	5037

(J) "Disbursement" means a payment made for any purpose.

5038

(K) "Electronic benefit transfer" means the electronic	5039
delivery of benefits through automated teller machines, point of	5040
sale terminals, or other electronic media pursuant to section	5041
5101.33 of the Revised Code.	5042

(L) "Electronic funds transfer" means the electronic movement	5043
of funds via automated clearing house or wire transfer.	5044

(M) "Encumbrancing document" means a document reserving all	5045
or part of an appropriation.	5046

(N) "Expenditure" means a reduction of the balance of an	5047
appropriation after legal requirements have been met.	5048

(O) "Fund" means an independent fiscal and accounting entity	5049
with a self-balancing set of accounts recording cash or other	5050
resources, together with all related liabilities, obligations,	5051
reserves, and fund balances which are segregated for the purpose	5052
of carrying on specific activities or attaining certain objectives	5053
in accordance with special rules, restrictions, or limitations.	5054

(P) "Lapse" means the automatic termination of an	5055
appropriation at the end of the fiscal period for which it was	5056
appropriated.	5057

(Q) "Reappropriation" means an appropriation of a previous	5058
appropriation that is continued in force in a succeeding	5059
appropriation period. "Reappropriation" shall be equated with and	5060
incorporated in the term "appropriation."	5061

(R) "Voucher" means the document used to transmit a claim for	5062
payment and evidentiary matter related to the claim.	5063

(S) "Warrant" means an order drawn upon the treasurer of	5064
state by the auditor of state directing the treasurer of state to	5065
pay a specified amount, including an order to make a lump-sum	5066
payment to a financial institution for the transfer of funds by	5067
direct deposit or the drawdown of funds by electronic benefit	5068
transfer, and the resulting electronic transfer to or by the	5069
ultimate payees.	5070

The terms defined in this section shall be used, on all	5071
accounting forms, reports, formal rules, and budget requests	5072
produced by a state agency, only as defined in this section.	5073

Sec. 133.021.  The general assembly hereby finds and declares	5074
that the "Tax Reform Act of 1986" (the "Act") establishes a	5075
unified volume ceiling on the aggregate amount of private activity	5076
bonds whichthat can be issued in each state. The amount of the	5077
unified volume ceiling is the product of seventy-five dollars	5078
multiplied by the state population in 1987 and fifty dollars	5079
multiplied by the state population in each succeeding calendar	5080
yearshall be the amount determined as set forth in section 146(d)	5081
of the Internal Revenue Code.	5082

The general assembly further finds and declares that the Act	5083
requires the state to allocate its volume ceiling according to a	5084
specified formula unless a different procedure is established by	5085
the governor or general assembly.	5086

The general assembly further finds and declares that pursuant	5087
to authorization of state legislation the general assembly has, by	5088
division (D)(3) of section 133.02 of the Revised Code, effective	5089
October 30, 1989, provided for delegating such function to the	5090
governor and for further delegation as therein provided, subject	5091
to such prospectively effective actions as may subsequently be	5092
taken by the general assembly.	5093

The general assembly further finds and declares that it	5094
desires to by legislation provide for an efficient, effective, and	5095
equitable procedure under which the state will allocate the	5096
unified volume ceiling.	5097

The general assembly therefore finds and declares that it is	5098
necessary to create the joint select committee on volume cap to	5099
create a process for the allocation of the unified volume ceiling.	5100

(A) Pursuant to section 146(e)(2)(B)(ii) of the Internal	5101
Revenue Code, which provides that a state may by law provide a	5102
different formula for allocating the state ceiling, there is	5103
hereby created the joint select committee on volume cap to provide	5104
for the allocation and the reallocation of the unified volume	5105
ceiling among the governmental units (or other authorities) in the	5106
state having authority to issue tax exempt private activity bonds.	5107

(B) The committee shall consist of eight members. Two	5108
members shall be from the house of representatives appointed by	5109
the speaker of the house of representatives; two members shall be	5110
from the senate appointed by the president of the senate; and four	5111
members shall be appointed by the governor. Each member shall be	5112
selected for his or herthe member's knowledge and experience in	5113
tax exempt private activity bonds. The members shall serve at the	5114
pleasure of the appointing authority. A vacancy shall be filled	5115
in the same manner as the original appointment.	5116

(C) The purpose of the committee shall be to maximize the	5117
economic benefits of the unified volume ceiling to all citizens of	5118
the state. To this end, the joint select committee on volume cap	5119
shall:	5120

(1) Annually, survey the governmental units (or other	5121
authorities) in the state having authority to issue tax exempt	5122
private activity bonds concerning:	5123

(a) The amount of tax exempt private activity bonds issued	5124
for the previous calendar year; and	5125

(b) The amount requested for the calendar year allocation	5126
currently under consideration.	5127

(2) Set forth procedures for making allocations,	5128
reallocation and carry forward of the state's unified volume	5129
ceiling in accordance with the Act;	5130

(3)(2) Develop strategies for allocating and reallocating	5131
the unified volume ceiling which are designed to maximize the	5132
availability of tax exempt private activity bonds among competing	5133
sectors of the state.	5134

(D) To provide for the orderly and prompt issuance of	5135
private activity bonds, the committee is authorized to allocate	5136
the unified volume ceiling among those governmental units (or	5137
other authorities) in the state having authority to issue tax	5138
exempt private activity bonds. The committee shall reserve a	5139
portion of the unified volume ceiling to be allocated for	5140
multi-family rental housing projects. The committee in	5141
determination of unified volume ceiling allocations and	5142
reallocations shall consider the following:	5143

(1) The interest of the state with regard to long-term	5144
economic development, housing, education, redevelopment, and solid	5145
waste management;	5146

(2) The projected increase of jobs in the state;

5147

(3) The needs of political subdivisions.

5148

(E) The director of development shall adopt rules in	5149
accordance with Chapter 119. of the Revised Code to carry out the	5150
purposes of this section.	5151

Sec. 133.06.  (A) A school district shall not incur, without	5152
a vote of the electors, net indebtedness that exceeds an amount	5153
equal to one-tenth of one per cent of its tax valuation, except as	5154
provided in divisions (G) and (H) of this section and in division	5155
(C) of section 3313.372 of the Revised Code, or as prescribed in	5156
section 3318.052 of the Revised Code.	5157

(B) Except as provided in divisions (E) and, (F), and (I) of	5158
this section, a school district shall not incur net indebtedness	5159
that exceeds an amount equal to nine per cent of its tax	5160
valuation.	5161

(C) A school district shall not submit to a vote of the	5162
electors the question of the issuance of securities in an amount	5163
that will make the district's net indebtedness after the issuance	5164
of the securities exceed an amount equal to four per cent of its	5165
tax valuation, unless the superintendent of public instruction,	5166
acting under policies adopted by the state board of education, and	5167
the tax commissioner, acting under written policies of the	5168
commissioner, consent to the submission. A request for the	5169
consents shall be made at least thirty days prior to the election	5170
at which the question is to be submitted, except that the	5171
superintendent of public instruction and the tax commissioner may	5172
waive this thirty-day deadline or grant their consents after the	5173
election if the school district shows good cause for such waiver	5174
or consent after the election.	5175

(D) In calculating the net indebtedness of a school	5176
district, none of the following shall be considered:	5177

(1) Securities issued to acquire school buses and other	5178
equipment used in transporting pupils or issued pursuant to	5179
division (D) of section 133.10 of the Revised Code;	5180

(2) Securities issued under division (F) of this section,	5181
under section 133.301 of the Revised Code, and, to the extent in	5182
excess of the limitation stated in division (B) of this section,	5183
under division (E) of this section;	5184

(3) Indebtedness resulting from the dissolution of a joint	5185
vocational school district under section 3311.217 of the Revised	5186
Code, evidenced by outstanding securities of that joint vocational	5187
school district;	5188

(4) Loans, evidenced by any securities, received under	5189
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	5190
Revised Code;	5191

(5) Debt incurred under section 3313.374 of the Revised	5192
Code;	5193

(6) Debt incurred pursuant to division (B)(5) of section	5194
3313.37 of the Revised Code to acquire computers and related	5195
hardware;	5196

(7) Debt incurred under section 3318.041 of the Revised	5197
Code.	5198

(E) A school district may become a special needs district as	5199
to certain securities as provided in division (E) of this section.	5200

(1) A board of education, by resolution, may declare its	5201
school district to be a special needs district by determining both	5202
of the following:	5203

(a) The student population is not being adequately serviced	5204
by the existing permanent improvements of the district.	5205

(b) The district cannot obtain sufficient funds by the	5206
issuance of securities within the limitation of division (B) of	5207
this section to provide additional or improved needed permanent	5208
improvements in time to meet the needs.	5209

(2) The board of education shall certify a copy of that	5210
resolution to the superintendent of public instruction with a	5211
statistical report showing all of the following:	5212

(a) A history of and a projection of the growth of the	5213
student population;	5214

(b) The history of and a projection of the growth of the tax	5215
valuation;	5216

(c) The projected needs;

5217

(d) The estimated cost of permanent improvements proposed to	5218
meet such projected needs.	5219

(3) The superintendent of public instruction shall certify	5220
the district as an approved special needs district if the	5221
superintendent finds both of the following:	5222

(a) The district does not have available sufficient	5223
additional funds from state or federal sources to meet the	5224
projected needs.	5225

(b) The projection of the potential average growth of tax	5226
valuation during the next five years, according to the information	5227
certified to the superintendent and any other information the	5228
superintendent obtains, indicates a likelihood of potential	5229
average growth of tax valuation of the district during the next	5230
five years of an average of not less than three per cent per year.	5231
The findings and certification of the superintendent shall be	5232
conclusive.	5233

(4) An approved special needs district may incur net	5234
indebtedness by the issuance of securities in accordance with the	5235
provisions of this chapter in an amount that does not exceed an	5236
amount equal to the greater of the following:	5237

(a) Nine per cent of the sum of its tax valuation plus an	5238
amount that is the product of multiplying that tax valuation by	5239
the percentage by which the tax valuation has increased over the	5240
tax valuation on the first day of the sixtieth month preceding the	5241
month in which its board determines to submit to the electors the	5242
question of issuing the proposed securities;	5243

(b) Nine per cent of the sum of its tax valuation plus an	5244
amount that is the product of multiplying that tax valuation by	5245
the percentage, determined by the superintendent of public	5246
instruction, by which that tax valuation is projected to increase	5247
during the next ten years.	5248

(F) A school district may issue securities for emergency	5249
purposes, in a principal amount that does not exceed an amount	5250
equal to three per cent of its tax valuation, as provided in this	5251
division.	5252

(1) A board of education, by resolution, may declare an	5253
emergency if it determines both of the following:	5254

(a) School buildings or other necessary school facilities in	5255
the district have been wholly or partially destroyed, or condemned	5256
by a constituted public authority, or that such buildings or	5257
facilities are partially constructed, or so constructed or planned	5258
as to require additions and improvements to them before the	5259
buildings or facilities are usable for their intended purpose, or	5260
that corrections to permanent improvements are necessary to remove	5261
or prevent health or safety hazards.	5262

(b) Existing fiscal and net indebtedness limitations make	5263
adequate replacement, additions, or improvements impossible.	5264

(2) Upon the declaration of an emergency, the board of	5265
education may, by resolution, submit to the electors of the	5266
district pursuant to section 133.18 of the Revised Code the	5267
question of issuing securities for the purpose of paying the cost,	5268
in excess of any insurance or condemnation proceeds received by	5269
the district, of permanent improvements to respond to the	5270
emergency need.	5271

(3) The procedures for the election shall be as provided in	5272
section 133.18 of the Revised Code, except that:	5273

(a) The form of the ballot shall describe the emergency	5274
existing, refer to this division as the authority under which the	5275
emergency is declared, and state that the amount of the proposed	5276
securities exceeds the limitations prescribed by division (B) of	5277
this section;	5278

(b) The resolution required by division (B) of section	5279
133.18 of the Revised Code shall be certified to the county	5280
auditor and the board of elections at least seventy-five days	5281
prior to the election;	5282

(c) The county auditor shall advise and, not later than	5283
sixty-five days before the election, confirm that advice by	5284
certification to, the board of education of the information	5285
required by division (C) of section 133.18 of the Revised Code;	5286

(d) The board of education shall then certify its resolution	5287
and the information required by division (D) of section 133.18 of	5288
the Revised Code to the board of elections not less than sixty	5289
days prior to the election.	5290

(4) Notwithstanding division (B) of section 133.21 of the	5291
Revised Code, the first principal payment of securities issued	5292
under this division may be set at any date not later than sixty	5293
months after the earliest possible principal payment otherwise	5294
provided for in that division.	5295

(G) The board of education may contract with an architect,	5296
professional engineer, or other person experienced in the design	5297
and implementation of energy conservation measures for an analysis	5298
and recommendations pertaining to installations, modifications of	5299
installations, or remodeling that would significantly reduce	5300
energy consumption in buildings owned by the district. The report	5301
shall include estimates of all costs of such installations,	5302
modifications, or remodeling, including costs of design,	5303
engineering, installation, maintenance, repairs, and debt service,	5304
and estimates of the amounts by which energy consumption and	5305
resultant operational and maintenance costs, as defined by the	5306
Ohio school facilities commission, would be reduced.	5307

If the board finds after receiving the report that the amount	5308
of money the district would spend on such installations,	5309
modifications, or remodeling is not likely to exceed the amount of	5310
money it would save in energy and resultant operational and	5311
maintenance costs over the ensuing fifteen years, the board may	5312
submit to the commission a copy of its findings and a request for	5313
approval to incur indebtedness to finance the making or	5314
modification of installations or the remodeling of buildings for	5315
the purpose of significantly reducing energy consumption.	5316

If the commission determines that the board's findings are	5317
reasonable, it shall approve the board's request. Upon receipt of	5318
the commission's approval, the district may issue securities	5319
without a vote of the electors in a principal amount not to exceed	5320
nine-tenths of one per cent of its tax valuation for the purpose	5321
of making such installations, modifications, or remodeling, but	5322
the total net indebtedness of the district without a vote of the	5323
electors incurred under this and all other sections of the Revised	5324
Code shall not exceed one per cent of the district's tax	5325
valuation.	5326

So long as any securities issued under division (G) of this	5327
section remain outstanding, the board of education shall monitor	5328
the energy consumption and resultant operational and maintenance	5329
costs of buildings in which installations or modifications have	5330
been made or remodeling has been done pursuant to division (G) of	5331
this section and shall maintain and annually update a report	5332
documenting the reductions in energy consumption and resultant	5333
operational and maintenance cost savings attributable to such	5334
installations, modifications, or remodeling. The report shall be	5335
certified by an architect or engineer independent of any person	5336
that provided goods or services to the board in connection with	5337
the energy conservation measures that are the subject of the	5338
report. The resultant operational and maintenance cost savings	5339
shall be certified by the school district treasurer. The report	5340
shall be made available to the commission upon request.	5341

(H) With the consent of the superintendent of public	5342
instruction, a school district may incur without a vote of the	5343
electors net indebtedness that exceeds the amounts stated in	5344
divisions (A) and (G) of this section for the purpose of paying	5345
costs of permanent improvements, if and to the extent that both of	5346
the following conditions are satisfied:	5347

(1) The fiscal officer of the school district estimates that	5348
receipts of the school district from payments made under or	5349
pursuant to agreements entered into pursuant to section 725.02,	5350
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	5351
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	5352
Code, or distributions under division (C) of section 5709.43 of	5353
the Revised Code, or any combination thereof, are, after	5354
accounting for any appropriate coverage requirements, sufficient	5355
in time and amount, and are committed by the proceedings, to pay	5356
the debt charges on the securities issued to evidence that	5357
indebtedness and payable from those receipts, and the taxing	5358
authority of the district confirms the fiscal officer's estimate,	5359
which confirmation is approved by the superintendent of public	5360
instruction;	5361

(2) The fiscal officer of the school district certifies, and	5362
the taxing authority of the district confirms, that the district,	5363
at the time of the certification and confirmation, reasonably	5364
expects to have sufficient revenue available for the purpose of	5365
operating such permanent improvements for their intended purpose	5366
upon acquisition or completion thereof, and the superintendent of	5367
public instruction approves the taxing authority's confirmation.	5368

The maximum maturity of securities issued under division (H)	5369
of this section shall be the lesser of twenty years or the maximum	5370
maturity calculated under section 133.20 of the Revised Code.	5371

(I) A school district may incur net indebtedness by the	5372
issuance of securities in accordance with the provisions of this	5373
chapter in excess of the limit specified in division (B) of this	5374
section when necessary to raise the school district portion of the	5375
basic project cost pursuant to Chapter 3318. of the Revised Code.	5376
The school facilities commission shall notify the superintendent	5377
of public instruction whenever a school district will exceed the	5378
nine per cent limit pursuant to this division.	5379

Sec. 133.07.  (A) A county shall not incur, without a vote	5380
of the electors, either of the following:	5381

(1) Net indebtedness for all purposes that exceeds an amount	5382
equal to one per cent of its tax valuation;	5383

(2) Net indebtedness for the purpose of paying the county's	5384
share of the cost of the construction, improvement, maintenance,	5385
or repair of state highways that exceeds an amount equal to	5386
one-half of one per cent of its tax valuation.	5387

(B) A county shall not incur total net indebtedness that	5388
exceeds an amount equal to one of the following limitations that	5389
applies to the county:	5390

(1) A county with a valuation not exceeding one hundred	5391
million dollars, three per cent of that tax valuation;	5392

(2) A county with a tax valuation exceeding one hundred	5393
million dollars but not exceeding three hundred million dollars,	5394
three million dollars plus one and one-half per cent of that tax	5395
valuation in excess of one hundred million dollars;	5396

(3) A county with a tax valuation exceeding three hundred	5397
million dollars, six million dollars plus two and one-half per	5398
cent of that tax valuation in excess of three hundred million	5399
dollars.	5400

(C) In calculating the net indebtedness of a county, none of	5401
the following securities shall be considered:	5402

(1) Securities described in section 307.201 of the Revised	5403
Code;	5404

(2) Self-supporting securities issued for any purposes,	5405
including, but not limited to, any of the following general	5406
purposes:	5407

(a) Water systems or facilities;

5408

(b) Sanitary sewerage systems or facilities, or surface and	5409
storm water drainage and sewerage systems or facilities, or a	5410
combination of those systems or facilities;	5411

(c) County or joint county scrap tire collection, storage,	5412
monocell, monofill, or recovery facilities, or any combination of	5413
those facilities;	5414

(d) Off-street parking lots, facilities, or buildings, or	5415
on-street parking facilities, or any combination of off-street and	5416
on-street parking facilities;	5417

(e) Facilities for the care or treatment of the sick or	5418
infirm, and for housing the persons providing that care or	5419
treatment and their families;	5420

(f) Recreational, sports, convention, auditorium, museum,	5421
trade show, and other public attraction facilities;	5422

(g) Facilities for natural resources exploration,	5423
development, recovery, use, and sale;	5424

(h) Correctional and detention facilities and related	5425
rehabilitation facilities.	5426

(3) Securities issued for the purpose of purchasing,	5427
constructing, improving, or extending water or sanitary or surface	5428
and storm water sewerage systems or facilities, or a combination	5429
of those systems or facilities, to the extent that an agreement	5430
entered into with another subdivision requires the other	5431
subdivision to pay to the county amounts equivalent to debt	5432
charges on the securities;	5433

(4) Voted general obligation securities issued for the	5434
purpose of permanent improvements for sanitary sewerage or water	5435
systems or facilities to the extent that the total principal	5436
amount of voted securities outstanding for the purpose does not	5437
exceed an amount equal to two per cent of the county's tax	5438
valuation;	5439

(5) Securities issued for permanent improvements to house	5440
agencies, departments, boards, or commissions of the county or of	5441
any municipal corporation located, in whole or in part, in the	5442
county, to the extent that the revenues, other than revenues from	5443
unvoted county property taxes, derived from leases or other	5444
agreements between the county and those agencies, departments,	5445
boards, commissions, or municipal corporations relating to the use	5446
of the permanent improvements are sufficient to cover the cost of	5447
all operating expenses of the permanent improvements paid by the	5448
county and debt charges on the securities;	5449

(6) Securities issued pursuant to section 133.08 of the	5450
Revised Code;	5451

(7) Securities issued for the purpose of acquiring or	5452
constructing roads, highways, bridges, or viaducts, for the	5453
purpose of acquiring or making other highway permanent	5454
improvements, or for the purpose of procuring and maintaining	5455
computer systems for the office of the clerk of any	5456
county-operated municipal court, for the office of the clerk of	5457
the court of common pleas, or for the office of the clerk of the	5458
probate, juvenile, or domestic relations division of the court of	5459
common pleas to the extent that the legislation authorizing the	5460
issuance of the securities includes a covenant to appropriate from	5461
moneys distributed to the county pursuant to division (B) of	5462
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	5463
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	5464
sufficient amount to cover debt charges on and financing costs	5465
relating to the securities as they become due;	5466

(8) Securities issued for the purpose of acquiring,	5467
constructing, improving, and equipping a county, multicounty, or	5468
multicounty-municipal jail, workhouse, juvenile detention	5469
facility, or correctional facility;	5470

(9) Securities issued for the acquisition, construction,	5471
equipping, or repair of any permanent improvement or any class or	5472
group of permanent improvements enumerated in a resolution adopted	5473
pursuant to division (D) of section 5739.026 of the Revised Code	5474
to the extent that the legislation authorizing the issuance of the	5475
securities includes a covenant to appropriate from moneys received	5476
from the taxes authorized under section 5739.023 and division	5477
(A)(5) of section 5739.026 of the Revised Code an amount	5478
sufficient to pay debt charges on the securities and those moneys	5479
shall be pledged for that purpose;	5480

(10) Securities issued for county or joint county solid	5481
waste or hazardous waste collection, transfer, or disposal	5482
facilities, or resource recovery and solid or hazardous waste	5483
recycling facilities, or any combination of those facilities;	5484

(11) Securities issued for the acquisition, construction,	5485
and equipping of a port authority educational and cultural	5486
facility under section 307.671 of the Revised Code;	5487

(12) Securities issued for the acquisition, construction,	5488
equipping, and improving of a municipal educational and cultural	5489
facility under division (B)(1) of section 307.672 of the Revised	5490
Code;	5491

(13) Securities issued for energy conservation measures	5492
under section 307.041 of the Revised Code;	5493

(14) Securities issued for the acquisition, construction,	5494
equipping, improving, or repair of a sports facility, including	5495
obligations issued to pay costs of a sports facility under section	5496
307.673 of the Revised Code;	5497

(15) Securities issued under section 755.17 of the Revised	5498
Code if the legislation authorizing issuance of the securities	5499
includes a covenant to appropriate from revenue received from a	5500
tax authorized under division (A)(5) of section 5739.026 and	5501
section 5741.023 of the Revised Code an amount sufficient to pay	5502
debt charges on the securities, and the board of county	5503
commissioners pledges that revenue for that purpose, pursuant to	5504
section 755.171 of the Revised Code;	5505

(16) Sales tax supported bonds issued pursuant to section	5506
133.081 of the Revised Code for the purpose of acquiring,	5507
constructing, improving, or equipping any permanent improvement to	5508
the extent that the legislation authorizing the issuance of the	5509
sales tax supported bonds pledges county sales taxes to the	5510
payment of debt charges on the sales tax supported bonds and	5511
contains a covenant to appropriate from county sales taxes a	5512
sufficient amount to cover debt charges or the financing costs	5513
related to the sales tax supported bonds as they become due.;	5514

(17) Bonds or notes issued under section 133.60 of the	5515
Revised Code if the legislation authorizing issuance of the bonds	5516
or notes includes a covenant to appropriate from revenue received	5517
from a tax authorized under division (A)(9) of section 5739.026	5518
and section 5741.023 of the Revised Code an amount sufficient to	5519
pay the debt charges on the bonds or notes, and the board of	5520
county commissioners pledges that revenue for that purpose.;	5521

(18) Securities issued under section 3707.55 of the Revised	5522
Code for the acquisition of real property by a general health	5523
district;	5524

(19) Securities issued under division (A)(3) of section	5525
3313.37 of the Revised Code for the acquisition of real and	5526
personal property by an educational service center.	5527

(D) In calculating the net indebtedness of a county, no	5528
obligation incurred under division (D) of section 339.06 of the	5529
Revised Code shall be considered.	5530

Sec. 135.80.  (A) The legislative authority of a municipal	5531
corporation, by ordinance, or the board of county commissioners,	5532
by resolution, may establish a linked deposit program authorizing	5533
the treasurer or governing board of the municipal corporation or	5534
the investing authority of the county as created or designated by	5535
the ordinance or resolution to place certificates of deposit at up	5536
to three per cent below market rates with an eligible lending	5537
institution applying for interim moneys as provided in section	5538
135.08 of the Revised Code or inactive moneys as provided in	5539
section 135.32 of the Revised Code, provided the institution	5540
agrees either to lend the value of such deposit to eligible	5541
borrowers at up to three per cent below the present borrowing rate	5542
applicable to each borrower, or to enter into an agreement with an	5543
eligible government, as defined in section 135.81 of the Revised	5544
Code, to provide that eligible government with a certificate of	5545
deposit, investment agreement, or other investment in the value of	5546
the linked deposit at an interest rate at up to three per cent	5547
above current market rates, as determined by the eligible	5548
government. The ordinance or resolution shall include such	5549
requirements and provisions as are necessary to establish the	5550
program, including, but not limited to:	5551

(1) Eligibility requirements for borrowers who may receive	5552
reduced rate loans under the program;	5553

(2) Application procedures for borrowers and institutions	5554
wishing to participate in the program;	5555

(3) Review procedures for applications and criteria for	5556
acceptance or rejection of applications for reduced rate loans;	5557

(4) Necessary agreements between the eligible institution	5558
and the treasurer or governing board of the municipal corporation	5559
or the investing authority of the county to carry out the purposes	5560
of the linked deposit program;	5561

(5) Annual reports regarding the operation of the program to	5562
be made by the treasurer or governing board to the legislative	5563
authority or the investing authority to the board of county	5564
commissioners.	5565

(B) The municipal corporation and the treasurer or governing	5566
board, and the county and the investing authority or the board of	5567
county commissioners, are not liable to any eligible lending	5568
institution in any manner for the payment of the principal or	5569
interest on any reduced rate loan made under the program, and any	5570
delay in payment or default on the part of any borrower does not	5571
in any manner affect the deposit agreement between the eligible	5572
lending institution and the treasurer or governing board or the	5573
investing authority or board of county commissioners.	5574

Sec. 135.81.  As used in sections 135.81 to 135.88 of the	5575
Revised Code:	5576

(A) "Above-market investment" means a certificate of deposit,	5577
investment agreement, or other investment bearing an interest rate	5578
at up to three per cent above current market rates as determined	5579
and calculated by the treasurer of state.	5580

(B) "Community improvement corporation" means a corporation	5581
organized under Chapter 1724. of the Revised Code.	5582

(B)(C) "Depressed economic area linked deposit" means a	5583
certificate of deposit in any amount placed by the treasurer of	5584
state with an eligible lending institution at up to three per cent	5585
below current market rates as determined and calculated by the	5586
treasurer of state, provided the institution agrees either to lend	5587
the value of the deposit, according to the deposit agreement	5588
provided in division (C) of section 135.86 of the Revised Code to	5589
eligible businesses at up to three per cent below the present	5590
borrowing rate applicable to each specific business at the time of	5591
the deposit of state funds in the institution, or to enter into an	5592
agreement with an eligible government to provide that eligible	5593
government with an above-market investment in the value of the	5594
depressed economic area linked deposit.	5595

(C)(D) "Eligible business" means an eligible steel company	5596
or any person that possesses all of the following characteristics:	5597

(1) Maintains or, because of the depressed economic area	5598
linked deposit loan, will maintain offices and operating	5599
facilities in an eligible county in this state and transacts	5600
business in the county;	5601

(2) Is organized for profit.

5602

(D)(E) "Eligible county" means any county in this state with	5603
a rate of unemployment as determined by the director of job and	5604
family services that is at least one per cent higher than the	5605
statewide average rate of unemployment.	5606

(E)(F) "Eligible government" means the state or a county,	5607
municipal corporation, or other political subdivision of the state	5608
that has made or guaranteed a loan to a business that is an	5609
eligible steel company. For this purpose, the state or a county,	5610
municipal corporation, or other political subdivision shall be	5611
regarded as having guaranteed a loan to an eligible steel company	5612
if the state, county, municipal corporation, or other political	5613
subdivision has incurred a direct or contingent legal obligation	5614
to repay all or any portion of a loan made to an eligible steel	5615
company, any of the interest accrued on any such loan, or any	5616
amount owed to any person with respect to any letter of credit,	5617
guarantee, surety bond, insurance policy, or other form of credit	5618
facility or credit enhancement provided by that person with	5619
respect to any such loan.	5620

(G) "Eligible lending institution" means a financial	5621
institution that:	5622

(1) Is eligible to make commercial loans;

5623

(2) Is a public depository of state funds under section	5624
135.03 of the Revised Code;	5625

(3) Agrees to participate in the depressed economic area	5626
linked deposit program.	5627

(F)(H) "Eligible steel company" means a corporation or other	5628
person engaged within this state in the production and manufacture	5629
of a product defined by the American iron and steel institute as a	5630
basic steel mill product, including ingots, slab and billets,	5631
plates, flat-rolled steel, sections and structural products, bars,	5632
rail-type products, pipe and tube, and wire rod, or a company	5633
engaged in business in this state that would otherwise be treated	5634
under the Federal Steel Loan Act as a "qualified steel company,"	5635
provided that the corporation or other person is an "eligible	5636
borrower" under the Federal Steel Loan Act.	5637

(I) "Federal Steel Loan Act" means the federal "Emergency	5638
Steel Loan Guarantee Act of 1999," 113 Stat. 252, 15 U.S.C. 1841	5639
(note), as amended, and the regulations thereunder.	5640

(J) "Qualified agent" means a:

5641

(1) Community improvement corporation;

5642

(2) Corporation organized under Chapter 1702. of the Revised	5643
Code that the board of county commissioners of an eligible county	5644
determines meets the criteria established by the director of	5645
development pursuant to section 122.011 of the Revised Code.	5646

Sec. 135.82.  (A) The general assembly finds that several	5647
areas in the state are experiencing economic stagnation or decline	5648
because business activity in those areas is at a level that is too	5649
low to sustain an adequate level of prosperity and a decent	5650
standard of living for area residents. A major factor	5651
contributing to the low level of business activity is the	5652
inability of businesses to obtain needed financing at reasonable	5653
interest rates so as to sustain their operations or to expand	5654
operations. The depressed economic area linked deposit program	5655
provided for in sections 135.81 to 135.88 of the Revised Code is	5656
intended to provide a targeted availability of lower cost funds	5657
for lending purposes that will materially contribute to the	5658
economic revitalization of depressed economic areas in this state	5659
to allow the residents of those areas to enjoy the same level of	5660
prosperity and well being that other residents of the state are	5661
able to enjoy. Accordingly, it is declared to be the public	5662
policy of the state through the depressed economic area linked	5663
deposit program to create an availability of lower cost funds to	5664
inject needed capital into the business community, sustain or	5665
improve business profitability, preserve existing employment and	5666
create new job opportunities, and thereby enhance the economic	5667
prosperity of the affected areas.	5668

(B) The general assembly finds and declares it to be the	5669
public policy of this state, consistent with the purposes of the	5670
steel futures program created under section 122.37 of the Revised	5671
Code, to assist steel companies operating in this state by	5672
expanding forms of assistance available under the depressed	5673
economic area linked deposit program provided for in sections	5674
135.81 to 135.88 of the Revised Code, as amended by the main	5675
operating appropriations act for the 2001-2003 biennium.	5676

(C) The depressed economic area linked deposit program	5677
authorized pursuant to sections 135.81 to 135.88 of the Revised	5678
Code is in addition to and separate from the linked deposit	5679
program authorized pursuant to sections 135.61 to 135.67 of the	5680
Revised Code and the agricultural linked deposit program	5681
authorized pursuant to sections 135.71 to 135.76 of the Revised	5682
Code.	5683

Sec. 135.83.  (A) The treasurer of state may invest in	5684
depressed economic area linked deposits, provided that at the time	5685
of placement of the linked deposit, not more than three per cent	5686
of the state's total investment portfolio is so invested and, in	5687
the case of linked deposits with respect to which an above-market	5688
investment will be provided to an eligible government or a reduced	5689
rate loan will be made for the benefit of an eligible steel	5690
company, the amount of the linked deposit does not exceed the	5691
product of fifteen thousand dollars, multiplied by the number of	5692
employees, as of the time of placement of the linked deposit,	5693
whose employment was reasonably expected to be created or	5694
preserved as a result of the financial assistance provided under	5695
sections 135.81 to 135.88 of the Revised Code.	5696

(B) The amounts the treasurer is authorized to invest	5697
pursuant to division (A) of this section are in addition to the	5698
amounts the treasurer may invest pursuant to section 135.63 of the	5699
Revised Code.	5700

(C) The treasurer of state may not invest more than one	5701
million dollars in depressed economic area linked deposits per	5702
county in any two-year period, excluding deposits linked to	5703
above-market investments held by eligible governments.	5704

Sec. 135.84.  (A) A board of county commissioners of an	5705
eligible county may authorize the county's participation in the	5706
depressed economic area linked deposit program established	5707
pursuant to sections 135.81 to 135.88 of the Revised Code. For	5708
that purpose, the board may:	5709

(1) Appoint a qualified agent to operate the program on	5710
behalf of the board;	5711

(2) Secure eligible lending institutions to participate in	5712
the program. The board shall make every effort to secure eligible	5713
lending institutions located within the county. If no eligible	5714
lending institution located within the county agrees to	5715
participate in the program, the board may secure the participation	5716
of the nearest available eligible lending institution.	5717

(3) Approve loan applications from eligible businesses prior	5718
to the transmittal of depressed economic area linked deposit loan	5719
to the treasurer of state;	5720

(4) Secure and encourage eligible businesses to make loan	5721
applications;	5722

(5) Employ staff, develop forms, and procedures as will	5723
effectuate the county's participation in the program;	5724

(6) Establish, with the approval of the treasurer of state,	5725
a service charge to cover the costs to the board of the county's	5726
participation in the depressed economic area linked deposit	5727
program;	5728

(7) Fix the amount of a loan that is eligible for a reduced	5729
rate based upon a depressed economic area linked deposit, which in	5730
no event, may exceed fifty per cent of the total loan.	5731

(B) If the treasurer of state determines that an eligible	5732
county ceases to be eligible to participate in the depressed	5733
economic area linked deposit program, the treasurer shall notify	5734
the board of county commissioners together with all affected	5735
eligible lending institutions and any qualified agent. Effective	5736
with the first day of the month following the month in which	5737
notification is given, the board shall suspend participation of	5738
the county in the program and shall not approve any further loan	5739
applications pursuant to the program, except that this division	5740
shall not be construed to affect the review and approval or denial	5741
of loan applications that are pending on the date the suspension	5742
takes effect nor the repayment or servicing of loans already made.	5743
If the county subsequently again becomes eligible to participate	5744
in the program, the board may, with the approval of the treasurer	5745
of state, commence operation of the program in the county the	5746
first day of the month following the month in which the treasurer	5747
of state grants approval.	5748

(C) The board of county commissioners may, with the approval	5749
of the treasurer of state, establish a service fee to be charged	5750
in connection with the application of an eligible business for	5751
that portion of a total loan which represents a depressed economic	5752
area linked deposit loan. The eligible business shall pay the	5753
service fee to the board. The board shall use the service fee	5754
solely to pay the costs incurred by the board or its qualified	5755
agent in effectuating the county's participation in the depressed	5756
economic area linked deposit program. The amount of the fee shall	5757
be no more than will recover to the county its costs and may not	5758
exceed an amount equal to one-half of one per cent of that portion	5759
of a loan that is based upon a depressed economic area linked	5760
deposit.	5761

(D) The board of county commissioners, in lieu of directly	5762
operating the depressed economic area linked deposit loan program	5763
for the county, may appoint a qualified agent upon terms as are	5764
agreed to between the board and the agent. Where the board	5765
appoints a community improvement corporation as its qualified	5766
agent pursuant to sections 135.81 to 135.88 of the Revised Code,	5767
the appointment does not constitute an appointment of the	5768
corporation as the county agent for the purposes of section	5769
1724.10 of the Revised Code, unless the board separately appoints	5770
the corporation pursuant to that section, nor does appointment of	5771
the corporation pursuant to section 1724.10 of the Revised Code	5772
constitute appointment of the corporation for the purposes of	5773
sections 135.81 to 135.88 of the Revised Code.	5774

(E) The board of county commissioners of any county that is	5775
an eligible government, and the legislative authority of any	5776
municipal corporation that is an eligible government, may	5777
authorize that eligible government to participate with the	5778
treasurer of state in the depressed economic area linked deposit	5779
program established pursuant to sections 135.81 to 135.88 of the	5780
Revised Code on such terms as may be agreed upon between the	5781
eligible government and the treasurer of state.	5782

Sec. 135.85.  (A) An eligible business desiring to receive a	5783
loan from an eligible lending institution up to fifty per cent of	5784
which is a depressed economic area linked deposit reduced rate	5785
loan, shall make application to the institution upon such forms as	5786
the institution requires. The business shall certify on its loan	5787
application that the total loan will be used exclusively to	5788
preserve existing jobs or employment opportunities or create new	5789
jobs and will materially contribute to the preservation or	5790
expansion of the business. Whoever knowingly makes a false	5791
statement concerning such application is guilty of the offense of	5792
falsification under section 2921.13 of the Revised Code. In	5793
making its decision with respect to a loan application, the	5794
eligible lending institution shall apply all usual lending	5795
institution standards to determine the creditworthiness of each	5796
eligible business.	5797

(B) The eligible lending institution shall forward completed	5798
loan applications the institution approves to the board of county	5799
commissioners or the qualified agent of the board. The board or	5800
agent shall approve or disapprove the loan within fourteen working	5801
days from receipt of the application from the eligible lending	5802
institution. In considering which loan applications to approve,	5803
the board of county commissioners or its qualified agent shall	5804
give priority to the immediacy of a business's financial need for	5805
the loan, the economic needs of the area in which the business is	5806
located, the number of jobs to be created or preserved by the	5807
receipt of the loan, and such other factors as the board or the	5808
agent consider appropriate to determine the relative financial	5809
need of the eligible business and the county as a whole. The	5810
eligible lending institution also shall forward to the board of	5811
county commissioners or its qualified agent those loan	5812
applications it rejects together with a statement of the reason	5813
for the rejection.	5814

(C) The eligible lending institution shall forward to the	5815
treasurer of state a depressed economic area linked deposit	5816
package, based upon loans which the board of county commissioners	5817
or the qualified agent have approved, in the form and manner	5818
prescribed by the treasurer of state. The package shall include	5819
information regarding the amount of the loan requested by each	5820
eligible business and such other information regarding each	5821
business as the treasurer of state requires. The institution	5822
shall certify that each applicant is an eligible business, that	5823
the depressed economic area linked deposit for which the	5824
institution is making application represents no more than fifty	5825
per cent of the total loan for which the eligible business is	5826
applying, and shall, for each business, certify the present	5827
borrowing rate applicable to the depressed economic area linked	5828
deposit portion of the loan applicable to each specific eligible	5829
business.	5830

(D) An eligible lending institution and eligible government	5831
may forward to the treasurer of state, either separately or in	5832
conjunction with a depressed economic area linked deposit package,	5833
a proposal for the eligible lending institution to provide the	5834
eligible government with an above-market investment on such terms	5835
as may be agreed upon between the eligible lending institution and	5836
the eligible government.	5837

Sec. 135.86.  (A) The treasurer of state may accept or	5838
reject a depressed economic area linked deposit loan or loan	5839
package, including a proposal for an above-market investment to be	5840
held by an eligible government, or any portion of a loan package	5841
based on the treasurer's evaluation of the eligible businesses or	5842
eligible governments included, the amount of individual loans	5843
involved, and the amount of the total package. The treasurer of	5844
state may consult with the director of development as the	5845
treasurer finds necessary in making the decision. The treasurer	5846
shall give priority to a business's or an eligible government's	5847
need for the loan, the economic needs of the area where the	5848
business or eligible government is located, and the ratio of state	5849
funds to be deposited with the eligible lending institution to the	5850
jobs sustained or created. The treasurer also shall consider any	5851
reports, statements, or plans applicable to the business or	5852
eligible government, the overall financial need of the business or	5853
eligible government, and such other factors as the treasurer	5854
considers appropriate. Whenever the department of development	5855
believes that the economic needs of a county or the state require	5856
the suspension or redirection of depressed economic area linked	5857
deposits with respect to a county or that a linked deposit loan	5858
will be improperly made, it may make such recommendations to the	5859
treasurer of state as the department considers appropriate to its	5860
concerns.	5861

(B) Upon acceptance of the depressed economic area loan	5862
package or any portion thereof, the treasurer of state may place	5863
certificates of deposit with the eligible lending institution at a	5864
rate of up to three per cent below current market rates as	5865
determined and calculated by the treasurer of state. When	5866
necessary, the treasurer may place certificates of deposit prior	5867
to acceptance of a depressed economic area linked deposit loan	5868
package.	5869

(C) The eligible lending institution shall enter into a	5870
depressed economic area linked deposit agreement with the	5871
treasurer of state which shall include requirements necessary to	5872
carry out the purposes of sections 135.81 to 135.88 of the Revised	5873
Code. The requirements shall include an agreement by the eligible	5874
lending institution either to lend the value of the depressed	5875
economic area linked deposit to eligible businesses at a rate of	5876
up to three per cent below the present borrowing rate applicable	5877
to each specific business in the loan package, or to enter into an	5878
agreement with an eligible government to provide that eligible	5879
government with an above-market investment in the value of the	5880
depressed economic area linked deposit. The requirements also	5881
shall reflect the market conditions prevailing in the eligible	5882
lending institution's lending area. The agreement may include a	5883
specification of the period of time in which the lending	5884
institution is to lend funds or to provide an above-market	5885
investment upon the placement of the linked deposit and shall	5886
include provisions for the certificates of deposit to be placed	5887
for any maturity considered appropriate by the treasurer of state,	5888
not to exceed two years. Certificates of deposit may be renewed	5889
for additional periods not to exceed two years at the option of	5890
the treasurer of state. Interest shall be paid at the times	5891
determined by the treasurer of state.	5892

(D) Notwithstanding any other provision of this chapter to	5893
the contrary, an above-market investment entered into by an	5894
eligible government with an eligible lending institution in	5895
compliance with the provisions of this chapter that refer	5896
expressly to above-market investments shall be a legal and	5897
authorized investment for the interim or inactive moneys of that	5898
government.	5899

(E) Eligible lending institutions shall comply fully with	5900
sections 135.81 to 135.88 of the Revised Code.	5901

Sec. 135.87.  (A) Upon placement of a depressed economic	5902
area linked deposit with an eligible lending institution, the	5903
institution is required either to lend such funds to each approved	5904
eligible business listed in the depressed economic area linked	5905
deposit loan package required by division (C) of section 135.85 of	5906
the Revised Code, or to enter in above-market investments with	5907
eligible governments or eligible lending institutions in	5908
accordance with the terms of the proposal submitted to the	5909
treasurer of state under division (D) of section 135.85 of the	5910
Revised Code, in each case in accordance with the deposit	5911
agreement required by division (C) of section 135.86 of the	5912
Revised Code. The loan shall be at a rate that is up to three per	5913
cent below the present borrowing rate applicable to each business,	5914
and any above-market investment shall bear interest at a rate that	5915
is up to three per cent above current market rates as determined	5916
by the treasurer of state. A certificate of compliance with this	5917
section in the form and manner prescribed by the treasurer of	5918
state shall be required of the eligible lending institution.	5919

(B) The treasurer of state shall take any and all steps	5920
necessary to implement the depressed economic area linked deposit	5921
program, including the development of guidelines as necessary, and	5922
monitor compliance of eligible lending institutions and, eligible	5923
businesses, and eligible governments. The treasurer of state and	5924
the department of development shall notify each other at least	5925
quarterly of the names of the eligible businesses and eligible	5926
governments receiving financial assistance from their respective	5927
programs.	5928

Annually, by the first day of February, the treasurer of	5929
state shall report on the depressed economic area linked deposit	5930
program for the preceding calendar year to the governor, the	5931
speaker of the house of representatives, the president of the	5932
senate, and to the chairmenchairpersons of the standing	5933
committees in each house that customarily consider economic	5934
development legislation. The report shall set forth the depressed	5935
economic area linked deposits made by the treasurer of state under	5936
the program during the prior calendar year and shall include	5937
information regarding the nature, terms, and amounts of the loans	5938
upon which the deposits were based and the eligible businesses and	5939
eligible governments to which loans were madefinancial assistance	5940
was provided.	5941

Sec. 140.01.  As used in this chapter:

5942

(A) "Hospital agency" means any public hospital agency or any	5943
nonprofit hospital agency.	5944

(B) "Public hospital agency" means any county, board of	5945
county hospital trustees established pursuant to section 339.02 of	5946
the Revised Code, county hospital commission established pursuant	5947
to section 339.14 of the Revised Code, municipal corporation, new	5948
community authority organized under Chapter 349. of the Revised	5949
Code, joint township hospital district, state or municipal	5950
university or college operating or authorized to operate a	5951
hospital facility, or the state.	5952

(C) "Nonprofit hospital agency" means a corporation or	5953
association not for profit, no part of the net earnings of which	5954
inures or may lawfully inure to the benefit of any private	5955
shareholder or individual, that has authority to own or operate a	5956
hospital facility or provides or is to provide services to one or	5957
more other hospital agencies.	5958

(D) "Governing body" means, in the case of a county, the	5959
board of county commissioners or other legislative body; in the	5960
case of a board of county hospital trustees, the board; in the	5961
case of a county hospital commission, the commission; in the case	5962
of a municipal corporation, the council or other legislative	5963
authority; in the case of a new community authority, its board of	5964
trustees; in the case of a joint township hospital district, the	5965
joint township district hospital board; in the case of a state or	5966
municipal university or college, its board of trustees or board of	5967
directors; in the case of a nonprofit hospital agency, the board	5968
of trustees or other body having general management thereofof the	5969
agency; and, in the case of the state, the director of development	5970
or the Ohio higher educational facility commission.	5971

(E) "Hospital facilities" means buildings, structures and	5972
other improvements, additions thereto and extensions thereof,	5973
furnishings, equipment, and real estate and interests in real	5974
estate, used or to be used for or in connection with one or more	5975
hospitals, emergency, intensive, intermediate, extended,	5976
long-term, or self-care facilities, diagnostic and treatment and	5977
out-patient facilities, facilities related to programs for home	5978
health services, clinics, laboratories, public health centers,	5979
research facilities, and rehabilitation facilities, for or	5980
pertaining to diagnosis, treatment, care, or rehabilitation of	5981
sick, ill, injured, infirm, impaired, disabled, or handicapped	5982
persons, or the prevention, detection, and control of disease, and	5983
also includes education, training, and food service facilities for	5984
health professions personnel, housing facilities for such	5985
personnel and their families, and parking and service facilities	5986
in connection with any of the foregoing; and includes any one,	5987
part of, or any combination of the foregoing; and further includes	5988
site improvements, utilities, machinery, facilities, furnishings,	5989
and any separate or connected buildings, structures, improvements,	5990
sites, utilities, facilities, or equipment to be used in, or in	5991
connection with the operation or maintenance of, or supplementing	5992
or otherwise related to the services or facilities to be provided	5993
by, any one or more of such hospital facilities.	5994

(F) "Costs of hospital facilities" means the costs of	5995
acquiring or constructing hospital facilities, costs of improving	5996
one or more hospital facilities, including reconstructing,	5997
rehabilitating, remodeling, renovating, and enlarging, costs of	5998
equipping and furnishing such facilities, and all financing costs	5999
pertaining thereto, including, without limitation thereto, costs	6000
of engineering, architectural, and other professional services,	6001
designs, plans, specifications and surveys, and estimates of cost,	6002
costs of tests and inspections, the costs of any indemnity or	6003
surety bonds and premiums on insurance, all related direct or	6004
allocable administrative expenses pertaining thereto, fees and	6005
expenses of trustees, depositories, and paying agents for the	6006
obligations, cost of issuance of the obligations and financing	6007
charges and fees and expenses of financial advisors, attorneys,	6008
accountants, consultants and rating services in connection	6009
therewith, capitalized interest on the obligations, amounts	6010
necessary to establish reserves as required by the bond	6011
proceedings, the reimbursement of all moneys advanced or applied	6012
by the hospital agency or others or borrowed from others for the	6013
payment of any item or items of costs of such facilities, and all	6014
other expenses necessary or incident to planning or determining	6015
feasibility or practicability with respect to such facilities, and	6016
such other expenses as may be necessary or incident to the	6017
acquisition, construction, reconstruction, rehabilitation,	6018
remodeling, renovation, enlargement, improvement, equipment, and	6019
furnishing of such facilities, the financing thereof, and the	6020
placing of the same in use and operation, including any one, part	6021
of, or combination of such classes of costs and expenses, and	6022
means the costs of refinancing obligations issued by, or	6023
reimbursement of money advanced by, nonprofit hospital agencies or	6024
others the proceeds of which were used for the payment of costs of	6025
hospital facilities, if the governing body of the public hospital	6026
agency determines that the refinancing or reimbursement advances	6027
the purposes of this chapter, whether or not the refinancing or	6028
reimbursement is in conjunction with the acquisition or	6029
construction of additional hospital facilities.	6030

(G) "Hospital receipts" means all moneys received by or on	6031
behalf of a hospital agency from or in connection with the	6032
ownership, operation, acquisition, construction, improvement,	6033
equipping, or financing of any hospital facilities, including,	6034
without limitation thereto, any rentals and other moneys received	6035
from the lease, sale, or other disposition of hospital facilities,	6036
and any gifts, grants, interest subsidies, or other moneys	6037
received under any federal program for assistance in financing the	6038
costs of hospital facilities, and any other gifts, grants, and	6039
donations, and receipts therefrom, available for financing the	6040
costs of hospital facilities.	6041

(H) "Obligations" means bonds, notes, or other evidences of	6042
indebtedness or obligation, including interest coupons pertaining	6043
thereto, issued or issuable by a public hospital agency to pay	6044
costs of hospital facilities.	6045

(I) "Bond service charges" means principal, interest, and	6046
call premium, if any, required to be paid on obligations.	6047

(J) "Bond proceedings" means one or more ordinances,	6048
resolutions, trust agreements, indentures, and other agreements or	6049
documents, and amendments and supplements to the foregoing, or any	6050
combination thereof, authorizing or providing for the terms,	6051
including any variable interest rates, and conditions applicable	6052
to, or providing for the security of, obligations and the	6053
provisions contained in such obligations.	6054

(K) "Nursing home" has the same meaning as in division (A)(1)	6055
of section 5701.13 of the Revised Code.	6056

(L) "Residential care facility" has the same meaning as in	6057
division (A)(2) of section 5701.13 of the Revised Code.	6058

(M) "Adult care facility" has the same meaning as in division	6059
(A)(3) of section 5701.13 of the Revised Code.	6060

(N) "Independent living facility" means any self-care	6061
facility or other housing facility designed or used as a residence	6062
for elderly persons. An "independent living facility" does not	6063
include a residential facility, or that part of a residential	6064
facility, that is any of the following:	6065

(1) A hospital required to be certified by section 3727.02	6066
of the Revised Code;	6067

(2) A nursing home or residential care facility;

6068

(3) An adult care facility;

6069

(4) A hospice licensed under section 3712.04 of the Revised	6070
Code;	6071

(5) A habilitation center as defined in section 5123.041 of	6072
the Revised Code;	6073

(6) A residential facility for the mentally ill licensed by	6074
the department of mental health under section 5119.22 of the	6075
Revised Code;	6076

(7) A facility licensed to provide methadone treatment under	6077
section 3793.11 of the Revised Code;	6078

(8) A facility certified as an alcohol and drug addiction	6079
program under section 3793.06 of the Revised Code;	6080

(9) A residential facility licensed under section 5123.19 of	6081
the Revised Code or a facility providing services under a contract	6082
with the department of mental retardation and developmental	6083
disabilities under section 5123.18 of the Revised Code;	6084

(10) A residential facility used as part of a hospital to	6085
provide housing for staff of the hospital or students pursuing a	6086
course of study at the hospital.	6087

Sec. 145.01.  As used in this chapter:

6088

(A) "Public employee" means:

6089

(1) Any person holding an office, not elective, under the	6090
state or any county, township, municipal corporation, park	6091
district, conservancy district, sanitary district, health	6092
district, metropolitan housing authority, state retirement board,	6093
Ohio historical society, public library, county law library, union	6094
cemetery, joint hospital, institutional commissary, state	6095
university, or board, bureau, commission, council, committee,	6096
authority, or administrative body as the same are, or have been,	6097
created by action of the general assembly or by the legislative	6098
authority of any of the units of local government named in	6099
division (A)(1) of this section, or employed and paid in whole or	6100
in part by the state or any of the authorities named in division	6101
(A)(1) of this section in any capacity not covered by section	6102
742.01, 3307.01, 3309.01, or 5505.01 of the Revised Code.	6103

(2) A person who is a member of the public employees	6104
retirement system and who continues to perform the same or similar	6105
duties under the direction of a contractor who has contracted to	6106
take over what before the date of the contract was a publicly	6107
operated function. The governmental unit with which the contract	6108
has been made shall be deemed the employer for the purposes of	6109
administering this chapter.	6110

(3) Any person who is an employee of a public employer,	6111
notwithstanding that the person's compensation for that employment	6112
is derived from funds of a person or entity other than the	6113
employer. Credit for such service shall be included as total	6114
service credit, provided that the employee makes the payments	6115
required by this chapter, and the employer makes the payments	6116
required by sections 145.48 and 145.51 of the Revised Code.	6117

(4) A person who elects in accordance with section 145.015	6118
of the Revised Code to remain a contributing member of the public	6119
employees retirement system.	6120

In all cases of doubt, the public employees retirement board	6121
shall determine whether any person is a public employee, and its	6122
decision is final.	6123

(B) "Member" means any public employee, other than a public	6124
employee excluded or exempted from membership in the retirement	6125
system by section 145.03, 145.031, 145.032, 145.033, 145.034,	6126
145.035, or 145.38 of the Revised Code. "Member" includes a PERS	6127
retirant who becomes a member under division (C) of section 145.38	6128
of the Revised Code. "Member" also includes a disability benefit	6129
recipient.	6130

(C) "Head of the department" means the elective or	6131
appointive head of the several executive, judicial, and	6132
administrative departments, institutions, boards, and commissions	6133
of the state and local government as the same are created and	6134
defined by the laws of this state or, in case of a charter	6135
government, by that charter.	6136

(D) "Employer" or "public employer" means the state or any	6137
county, township, municipal corporation, park district,	6138
conservancy district, sanitary district, health district,	6139
metropolitan housing authority, state retirement board, Ohio	6140
historical society, public library, county law library, union	6141
cemetery, joint hospital, institutional commissary, state medical	6142
college, state university, or board, bureau, commission, council,	6143
committee, authority, or administrative body as the same are, or	6144
have been, created by action of the general assembly or by the	6145
legislative authority of any of the units of local government	6146
named in this division not covered by section 742.01, 3307.01,	6147
3309.01, or 5505.01 of the Revised Code. In addition, "employer"	6148
means the employer of any public employee.	6149

(E) "Prior service" means all service as a public employee	6150
rendered before January 1, 1935, and all service as an employee of	6151
any employer who comes within the state teachers retirement system	6152
or of the school employees retirement system or of any other	6153
retirement system established under the laws of this state	6154
rendered prior to January 1, 1935, provided that if the employee	6155
claiming the service was employed in any capacity covered by that	6156
other system after that other system was established, credit for	6157
the service may be allowed by the public employees retirement	6158
system only when the employee has made payment, to be computed on	6159
the salary earned from the date of appointment to the date	6160
membership was established in the public employees retirement	6161
system, at the rate in effect at the time of payment, and the	6162
employer has made payment of the corresponding full liability as	6163
provided by section 145.44 of the Revised Code. "Prior service"	6164
also means all service credited for active duty with the armed	6165
forces of the United States as provided in section 145.30 of the	6166
Revised Code.	6167

If an employee who has been granted prior service credit by	6168
the public employees retirement system for service rendered prior	6169
to January 1, 1935, as an employee of a board of education	6170
establishes, before retirement, one year or more of contributing	6171
service in the state teachers retirement system or school	6172
employees retirement system, then the prior service ceases to be	6173
the liability of this system.	6174

If the board determines that a position of any member in any	6175
calendar year prior to January 1, 1935, was a part-time position,	6176
the board shall determine what fractional part of a year's credit	6177
shall be allowed by the following formula:	6178

(1) When the member has been either elected or appointed to	6179
an office the term of which was two or more years and for which an	6180
annual salary is established, the fractional part of the year's	6181
credit shall be computed as follows:	6182

First, when the member's annual salary is one thousand	6183
dollars or less, the service credit for each such calendar year	6184
shall be forty per cent of a year.	6185

Second, for each full one hundred dollars of annual salary	6186
above one thousand dollars, the member's service credit for each	6187
such calendar year shall be increased by two and one-half per	6188
cent.	6189

(2) When the member is paid on a per diem basis, the service	6190
credit for any single year of the service shall be determined by	6191
using the number of days of service for which the compensation was	6192
received in any such year as a numerator and using two hundred	6193
fifty days as a denominator.	6194

(3) When the member is paid on an hourly basis, the service	6195
credit for any single year of the service shall be determined by	6196
using the number of hours of service for which the compensation	6197
was received in any such year as a numerator and using two	6198
thousand hours as a denominator.	6199

(F) "Contributor" means any person who has an account in the	6200
employees' savings fund created by section 145.23 of the Revised	6201
Code. When used in the sections listed in division (B) of section	6202
145.82 of the Revised Code, "contributor" includes any person	6203
participating in a plan established under section 145.81 of the	6204
Revised Code.	6205

(G) "Beneficiary" or "beneficiaries" means the estate or a	6206
person or persons who, as the result of the death of a member,	6207
contributor, or retirant, qualify for or are receiving some right	6208
or benefit under this chapter.	6209

(H)(1) "Total service credit," except as provided in section	6210
145.37 of the Revised Code, means all service credited to a member	6211
of the retirement system since last becoming a member, including	6212
restored service credit as provided by section 145.31 of the	6213
Revised Code; credit purchased under sections 145.293 and 145.299	6214
of the Revised Code; all the member's prior service credit; all	6215
the member's military service credit computed as provided in this	6216
chapter; all service credit established pursuant to section	6217
145.297 of the Revised Code; and any other service credited under	6218
this chapter. In addition, "total service credit" includes any	6219
period, not in excess of three years, during which a member was	6220
out of service and receiving benefits under Chapters 4121. and	6221
4123. of the Revised Code. For the exclusive purpose of	6222
satisfying the service credit requirement and of determining	6223
eligibility for benefits under sections 145.32, 145.33, 145.331,	6224
145.35, 145.36, and 145.361 of the Revised Code, "five or more	6225
years of total service credit" means sixty or more calendar months	6226
of contributing service in this system.	6227

(2) "One and one-half years of contributing service credit,"	6228
as used in division (B) of section 145.45 of the Revised Code,	6229
also means eighteen or more calendar months of employment by a	6230
municipal corporation that formerly operated its own retirement	6231
plan for its employees or a part of its employees, provided that	6232
all employees of that municipal retirement plan who have eighteen	6233
or more months of such employment, upon establishing membership in	6234
the public employees retirement system, shall make a payment of	6235
the contributions they would have paid had they been members of	6236
this system for the eighteen months of employment preceding the	6237
date membership was established. When that payment has been made	6238
by all such employee members, a corresponding payment shall be	6239
paid into the employers' accumulation fund by that municipal	6240
corporation as the employer of the employees.	6241

(3) Where a member also is a member of the state teachers	6242
retirement system or the school employees retirement system, or	6243
both, except in cases of retirement on a combined basis pursuant	6244
to section 145.37 of the Revised Code or as provided in section	6245
145.383 of the Revised Code, service credit for any period shall	6246
be credited on the basis of the ratio that contributions to the	6247
public employees retirement system bear to total contributions in	6248
all state retirement systems.	6249

(4) Not more than one year of credit may be given for any	6250
period of twelve months.	6251

(5) "Ohio service credit" means credit for service that was	6252
rendered to the state or any of its political subdivisions or any	6253
employer.	6254

(I) "Regular interest" means interest at any rates for the	6255
respective funds and accounts as the public employees retirement	6256
board may determine from time to time.	6257

(J) "Accumulated contributions" means the sum of all amounts	6258
credited to a contributor's individual account in the employees'	6259
savings fund together with any interest credited to the	6260
contributor's account under section 145.471 or 145.472 of the	6261
Revised Code.	6262

(K)(1) "Final average salary" means the quotient obtained by	6263
dividing by three the sum of the three full calendar years of	6264
contributing service in which the member's earnable salary was	6265
highest, except that if the member has a partial year of	6266
contributing service in the year the member's employment	6267
terminates and the member's earnable salary for the partial year	6268
is higher than for any comparable period in the three years, the	6269
member's earnable salary for the partial year shall be substituted	6270
for the member's earnable salary for the comparable period during	6271
the three years in which the member's earnable salary was lowest.	6272

(2) If a member has less than three years of contributing	6273
service, the member's final average salary shall be the member's	6274
total earnable salary divided by the total number of years,	6275
including any fraction of a year, of the member's contributing	6276
service.	6277

(3) For the purpose of calculating benefits payable to a	6278
member qualifying for service credit under division (Z) of this	6279
section, "final average salary" means the total earnable salary on	6280
which contributions were made divided by the total number of years	6281
during which contributions were made, including any fraction of a	6282
year. If contributions were made for less than twelve months,	6283
"final average salary" means the member's total earnable salary.	6284

(L) "Annuity" means payments for life derived from	6285
contributions made by a contributor and paid from the annuity and	6286
pension reserve fund as provided in this chapter. All annuities	6287
shall be paid in twelve equal monthly installments.	6288

(M) "Annuity reserve" means the present value, computed upon	6289
the basis of the mortality and other tables adopted by the board,	6290
of all payments to be made on account of any annuity, or benefit	6291
in lieu of any annuity, granted to a retirant as provided in this	6292
chapter.	6293

(N)(1) "Disability retirement" means retirement as provided	6294
in section 145.36 of the Revised Code.	6295

(2) "Disability allowance" means an allowance paid on	6296
account of disability under section 145.361 of the Revised Code.	6297

(3) "Disability benefit" means a benefit paid as disability	6298
retirement under section 145.36 of the Revised Code, as a	6299
disability allowance under section 145.361 of the Revised Code, or	6300
as a disability benefit under section 145.37 of the Revised Code.	6301

(4) "Disability benefit recipient" means a member who is	6302
receiving a disability benefit.	6303

(O) "Age and service retirement" means retirement as	6304
provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and	6305
145.46 of the Revised Code.	6306

(P) "Pensions" means annual payments for life derived from	6307
contributions made by the employer that at the time of retirement	6308
are credited into the annuity and pension reserve fund from the	6309
employers' accumulation fund and paid from the annuity and pension	6310
reserve fund as provided in this chapter. All pensions shall be	6311
paid in twelve equal monthly installments.	6312

(Q) "Retirement allowance" means the pension plus that	6313
portion of the benefit derived from contributions made by the	6314
member.	6315

(R)(1) Except as otherwise provided in division (R) of this	6316
section, "earnable salary" means all salary, wages, and other	6317
earnings paid to a contributor by reason of employment in a	6318
position covered by the retirement system. The salary, wages, and	6319
other earnings shall be determined prior to determination of the	6320
amount required to be contributed to the employees' savings fund	6321
under section 145.47 of the Revised Code and without regard to	6322
whether any of the salary, wages, or other earnings are treated as	6323
deferred income for federal income tax purposes. "Earnable	6324
salary" includes the following:	6325

(a) Payments made by the employer in lieu of salary, wages,	6326
or other earnings for sick leave, personal leave, or vacation used	6327
by the contributor;	6328

(b) Payments made by the employer for the conversion of sick	6329
leave, personal leave, and vacation leave accrued, but not used if	6330
the payment is made during the year in which the leave is accrued,	6331
except that payments made pursuant to section 124.383 or 124.386	6332
of the Revised Code are not earnable salary;	6333

(c) Allowances paid by the employer for full maintenance,	6334
consisting of housing, laundry, and meals, as certified to the	6335
retirement board by the employer or the head of the department	6336
that employs the contributor;	6337

(d) Fees and commissions paid under section 507.09 of the	6338
Revised Code;	6339

(e) Payments that are made under a disability leave program	6340
sponsored by the employer and for which the employer is required	6341
by section 145.296 of the Revised Code to make periodic employer	6342
and employee contributions;	6343

(f) Amounts included pursuant to divisions (K)(3) and (Y) of	6344
this section.	6345

(2) "Earnable salary" does not include any of the following:

6346

(a) Fees and commissions, other than those paid under	6347
section 507.09 of the Revised Code, paid as sole compensation for	6348
personal services and fees and commissions for special services	6349
over and above services for which the contributor receives a	6350
salary;	6351

(b) Amounts paid by the employer to provide life insurance,	6352
sickness, accident, endowment, health, medical, hospital, dental,	6353
or surgical coverage, or other insurance for the contributor or	6354
the contributor's family, or amounts paid by the employer to the	6355
contributor in lieu of providing the insurance;	6356

(c) Incidental benefits, including lodging, food, laundry,	6357
parking, or services furnished by the employer, or use of the	6358
employer's property or equipment, or amounts paid by the employer	6359
to the contributor in lieu of providing the incidental benefits;	6360

(d) Reimbursement for job-related expenses authorized by the	6361
employer, including moving and travel expenses and expenses	6362
related to professional development;	6363

(e) Payments for accrued but unused sick leave, personal	6364
leave, or vacation that are made at any time other than in the	6365
year in which the sick leave, personal leave, or vacation was	6366
accrued;	6367

(f) Payments made to or on behalf of a contributor that are	6368
in excess of the annual compensation that may be taken into	6369
account by the retirement system under division (a)(17) of section	6370
401 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	6371
U.S.C.A. 401(a)(17), as amended;	6372

(g) Payments made under division (B) or (D) of section	6373
5923.05 of the Revised Code or Section 4 of Substitute Senate Bill	6374
No. 3 of the 119th general assembly;	6375

(h) Anything of value received by the contributor that is	6376
based on or attributable to retirement or an agreement to retire,	6377
except that payments made on or before January 1, 1989, that are	6378
based on or attributable to an agreement to retire shall be	6379
included in earnable salary if both of the following apply:	6380

(i) The payments are made in accordance with contract	6381
provisions that were in effect prior to January 1, 1986;	6382

(ii) The employer pays the retirement system an amount	6383
specified by the retirement board equal to the additional	6384
liability resulting from the payments.	6385

(3) The retirement board shall determine by rule whether any	6386
compensation not enumerated in division (R) of this section is	6387
earnable salary, and its decision shall be final.	6388

(S) "Pension reserve" means the present value, computed upon	6389
the basis of the mortality and other tables adopted by the board,	6390
of all payments to be made on account of any retirement allowance	6391
or benefit in lieu of any retirement allowance, granted to a	6392
member or beneficiary under this chapter.	6393

(T)(1) "Contributing service" means all service credited to	6394
a member of the system since January 1, 1935, for which	6395
contributions are made as required by sections 145.47, 145.48, and	6396
145.483 of the Revised Code. In any year subsequent to 1934,	6397
credit for any service shall be allowed by the following formula:	6398

(a) For each month for which the member's earnable salary is	6399
two hundred fifty dollars or more, allow one month's credit.	6400

(b) For each month for which the member's earnable salary is	6401
less than two hundred fifty dollars, allow a fraction of a month's	6402
credit. The numerator of this fraction shall be the earnable	6403
salary during the month, and the denominator shall be two hundred	6404
fifty dollars, except that if the member's annual earnable salary	6405
is less than six hundred dollars, the member's credit shall not be	6406
reduced below twenty per cent of a year for a calendar year of	6407
employment during which the member worked each month. Division	6408
(T)(1)(b) of this section shall not reduce any credit earned	6409
before January 1, 1985.	6410

(2) Notwithstanding division (T)(1) of this section, an	6411
elected official who prior to January 1, 1980, was granted a full	6412
year of credit for each year of service as an elected official	6413
shall be considered to have earned a full year of credit for each	6414
year of service regardless of whether the service was full-time or	6415
part-time. The public employees retirement board has no authority	6416
to reduce the credit.	6417

(U) "State retirement board" means the public employees	6418
retirement board, the school employees retirement board, or the	6419
state teachers retirement board.	6420

(V) "Retirant" means any former member who retires and is	6421
receiving a monthly allowance as provided in sections 145.32,	6422
145.33, 145.331, 145.34, and 145.46 of the Revised Code.	6423

(W) "Employer contribution" means the amount paid by an	6424
employer as determined under section 145.48 of the Revised Code.	6425

(X) "Public service terminates" means the last day for which	6426
a public employee is compensated for services performed for an	6427
employer or the date of the employee's death, whichever occurs	6428
first.	6429

(Y) When a member has been elected or appointed to an	6430
office, the term of which is two or more years, for which an	6431
annual salary is established, and in the event that the salary of	6432
the office is increased and the member is denied the additional	6433
salary by reason of any constitutional provision prohibiting an	6434
increase in salary during a term of office, the member may elect	6435
to have the amount of the member's contributions calculated upon	6436
the basis of the increased salary for the office. At the member's	6437
request, the board shall compute the total additional amount the	6438
member would have contributed, or the amount by which each of the	6439
member's contributions would have increased, had the member	6440
received the increased salary for the office the member holds. If	6441
the member elects to have the amount by which the member's	6442
contribution would have increased withheld from the member's	6443
salary, the member shall notify the employer, and the employer	6444
shall make the withholding and transmit it to the retirement	6445
system. A member who has not elected to have that amount withheld	6446
may elect at any time to make a payment to the retirement system	6447
equal to the additional amount the member's contribution would	6448
have increased, plus interest on that contribution, compounded	6449
annually at a rate established by the board and computed from the	6450
date on which the last contribution would have been withheld from	6451
the member's salary to the date of payment. A member may make a	6452
payment for part of the period for which the increased	6453
contribution was not withheld, in which case the interest shall be	6454
computed from the date the last contribution would have been	6455
withheld for the period for which the payment is made. Upon the	6456
payment of the increased contributions as provided in this	6457
division, the increased annual salary as provided by law for the	6458
office for the period for which the member paid increased	6459
contributions thereon shall be used in determining the member's	6460
earnable salary for the purpose of computing the member's final	6461
average salary.	6462

(Z) "Five years of service credit," for the exclusive	6463
purpose of satisfying the service credit requirements and of	6464
determining eligibility for benefits under section 145.33 of the	6465
Revised Code, means employment covered under this chapter or under	6466
a former retirement plan operated, recognized, or endorsed by the	6467
employer prior to coverage under this chapter or under a	6468
combination of the coverage.	6469

(AA) "Deputy sheriff" means any person who is commissioned	6470
and employed as a full-time peace officer by the sheriff of any	6471
county, and has been so employed since on or before December 31,	6472
1965, and whose primary duties are to preserve the peace, to	6473
protect life and property, and to enforce the laws of this state;	6474
any person who is or has been commissioned and employed as a peace	6475
officer by the sheriff of any county since January 1, 1966, and	6476
who has received a certificate attesting to the person's	6477
satisfactory completion of the peace officer training school as	6478
required by section 109.77 of the Revised Code and whose primary	6479
duties are to preserve the peace, protect life and property, and	6480
enforce the laws of this state; or any person deputized by the	6481
sheriff of any county and employed pursuant to section 2301.12 of	6482
the Revised Code as a criminal bailiff or court constable who has	6483
received a certificate attesting to the person's satisfactory	6484
completion of the peace officer training school as required by	6485
section 109.77 of the Revised Code and whose primary duties are to	6486
preserve the peace, protect life and property, and enforce the	6487
laws of this state.	6488

(BB) "Township constable or police officer in a township	6489
police department or district" means any person who is	6490
commissioned and employed as a full-time peace officer pursuant to	6491
Chapter 505. or 509. of the Revised Code, who has received a	6492
certificate attesting to the person's satisfactory completion of	6493
the peace officer training school as required by section 109.77 of	6494
the Revised Code, and whose primary duties are to preserve the	6495
peace, protect life and property, and enforce the laws of this	6496
state.	6497

(CC) "Drug agent" means any person who is either of the	6498
following:	6499

(1) Employed full-time as a narcotics agent by a county	6500
narcotics agency created pursuant to section 307.15 of the Revised	6501
Code and has received a certificate attesting to the satisfactory	6502
completion of the peace officer training school as required by	6503
section 109.77 of the Revised Code;	6504

(2) Employed full-time as an undercover drug agent as	6505
defined in section 109.79 of the Revised Code and is in compliance	6506
with section 109.77 of the Revised Code.	6507

(DD) "Department of public safety enforcement agent" means a	6508
full-time employee of the department of public safety who is	6509
designated under section 5502.14 of the Revised Code as an	6510
enforcement agent and who is in compliance with section 109.77 of	6511
the Revised Code.	6512

(EE) "Natural resources law enforcement staff officer" means	6513
a full-time employee of the department of natural resources who is	6514
designated a natural resources law enforcement staff officer under	6515
section 1501.013 of the Revised Code and is in compliance with	6516
section 109.77 of the Revised Code.	6517

(FF) "Park officer" means a full-time employee of the	6518
department of natural resources who is designated a park officer	6519
under section 1541.10 of the Revised Code and is in compliance	6520
with section 109.77 of the Revised Code.	6521

(GG) "Forest officer" means a full-time employee of the	6522
department of natural resources who is designated a forest officer	6523
under section 1503.29 of the Revised Code and is in compliance	6524
with section 109.77 of the Revised Code.	6525

(HH) "Preserve officer" means a full-time employee of the	6526
department of natural resources who is designated a preserve	6527
officer under section 1517.10 of the Revised Code and is in	6528
compliance with section 109.77 of the Revised Code.	6529

(II) "Wildlife officer" means a full-time employee of the	6530
department of natural resources who is designated a wildlife	6531
officer under section 1531.13 of the Revised Code and is in	6532
compliance with section 109.77 of the Revised Code.	6533

(JJ) "State watercraft officer" means a full-time employee	6534
of the department of natural resources who is designated a state	6535
watercraft officer under section 1547.521 of the Revised Code and	6536
is in compliance with section 109.77 of the Revised Code.	6537

(KK) "Park district police officer" means a full-time	6538
employee of a park district who is designated pursuant to section	6539
511.232 or 1545.13 of the Revised Code and is in compliance with	6540
section 109.77 of the Revised Code.	6541

(LL) "Conservancy district officer" means a full-time	6542
employee of a conservancy district who is designated pursuant to	6543
section 6101.75 of the Revised Code and is in compliance with	6544
section 109.77 of the Revised Code.	6545

(MM) "Municipal police officer" means a member of the	6546
organized police department of a municipal corporation who is	6547
employed full-time, is in compliance with section 109.77 of the	6548
Revised Code, and is not a member of the Ohio police and fire	6549
pension fund.	6550

(NN) "Ohio veterans' home police officer" means any person	6551
who is employed at the Ohio veterans' home as a police officer	6552
pursuant to section 5907.02 of the Revised Code and is in	6553
compliance with section 109.77 of the Revised Code.	6554

(OO) "Special police officer for a mental health	6555
institution" means any person who is designated as such pursuant	6556
to section 5119.14 of the Revised Code and is in compliance with	6557
section 109.77 of the Revised Code.	6558

(PP) "Special police officer for an institution for the	6559
mentally retarded and developmentally disabled" means any person	6560
who is designated as such pursuant to section 5123.13 of the	6561
Revised Code and is in compliance with section 109.77 of the	6562
Revised Code.	6563

(QQ) "State university law enforcement officer" means any	6564
person who is employed full-time as a state university law	6565
enforcement officer pursuant to section 3345.04 of the Revised	6566
Code and who is in compliance with section 109.77 of the Revised	6567
Code.	6568

(RR) "Hamilton county municipal court bailiff" means a	6569
person appointed by the clerk of courts of the Hamilton county	6570
municipal court under division (A)(3) of section 1901.32 of the	6571
Revised Code who is employed full-time as a bailiff or deputy	6572
bailiff, who has received a certificate attesting to the person's	6573
satisfactory completion of the peace officer training school as	6574
required by division (C) of section 109.77 of the Revised Code,	6575
and whose primary duties are to preserve the peace, to protect	6576
life and property, and to enforce the laws of this state.	6577

(SS) "House sergeant at arms" means any person appointed by	6578
the speaker of the house of representatives under division (B)(1)	6579
of section 101.311 of the Revised Code who has arrest authority	6580
under division (E)(1) of that section.	6581

(TT) "Assistant house sergeant at arms" means any person	6582
appointed by the house sergeant at arms under division (C)(1) of	6583
section 101.311 of the Revised Code.	6584

(UU) Notwithstanding section 2901.01 of the Revised Code,	6585
"law enforcement officer" means a sheriff, deputy sheriff,	6586
township constable or police officer in a township police	6587
department or district, drug agent, department of public safety	6588
enforcement agent, natural resources law enforcement staff	6589
officer, park officer, forest officer, preserve officer, wildlife	6590
officer, state watercraft officer, park district police officer,	6591
conservancy district officer, Ohio veterans' home police officer,	6592
special police officer for a mental health institution, special	6593
police officer for an institution for the mentally retarded and	6594
developmentally disabled, state university law enforcement	6595
officer, Hamilton county municipal court bailiff, or municipal	6596
police officer house sergeant at arms, or assistant house sergeant	6597
at arms.	6598

(TT)(VV) "Fiduciary" means a person who does any of the	6599
following:	6600

(1) Exercises any discretionary authority or control with	6601
respect to the management of the system or with respect to the	6602
management or disposition of its assets;	6603

(2) Renders investment advice for a fee, direct or indirect,	6604
with respect to money or property of the system;	6605

(3) Has any discretionary authority or responsibility in the	6606
administration of the system.	6607

(UU)(WW) "Actuary" means an individual who satisfies all of	6608
the following requirements:	6609

(1) Is a member of the American academy of actuaries;

6610

(2) Is an associate or fellow of the society of actuaries;

6611

(3) Has a minimum of five years' experience in providing	6612
actuarial services to public retirement plans.	6613

Sec. 145.33.  (A) Except as provided in division (B), (C),	6614
or (D) of this section, a member with at least five years of total	6615
service credit who has attained age sixty, or who has thirty years	6616
of total Ohio service credit, may apply for age and service	6617
retirement, which shall consist of:	6618

(1) An annuity having a reserve equal to the amount of the	6619
member's accumulated contributions at that time;	6620

(2) A pension equal to the annuity provided by division	6621
(A)(1) of this section;	6622

(3) An additional pension, if the member can qualify for	6623
prior service, equal to forty dollars multiplied by the number of	6624
years, and fraction thereof, of such prior and military service	6625
credit;	6626

(4) A basic annual pension equal to one hundred eighty	6627
dollars if the member has ten or more years of total service	6628
credit as of October 1, 1956, except that the basic annual pension	6629
shall not exceed the sum of the annual benefits provided by	6630
divisions (A)(1), (2), and (3) of this section.	6631

(5) When a member retires on age and service retirement, the	6632
member's total annual single lifetime allowance, including the	6633
allowances provided in divisions (A)(1), (2), (3), and (4) of this	6634
section, shall be not less than a base amount adjusted in	6635
accordance with division (A)(5) of this section and determined by	6636
multiplying the member's total service credit by the greater of	6637
the following:	6638

(a) Eighty-six dollars;

6639

(b) Two and two-tenths per cent of the member's final	6640
average salary for each of the first thirty years of service plus	6641
two and one-half per cent of the member's final average salary for	6642
each subsequent year of service.	6643

The allowance shall be adjusted by the factors of attained	6644
age or years of service to provide the greater amount as	6645
determined by the following schedule:	6646

Members shall vest the right to a benefit in accordance with	6660
the following schedule, based on the member's attained age by	6661
September 1, 1976:	6662

(6) The total annual single lifetime allowance that a member	6671
shall receive under division (A)(5) of this section shall not	6672
exceed the lesser of one hundred per cent of the member's final	6673
average salary or the limit established by section 415 of the	6674
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415,	6675
as amended.	6676

(B)(1) For the purposes of divisions (B) to (F) of this	6677
section, "total service credit as a law enforcement officer"	6678
includes credit for military service to the extent permitted by	6679
division (F)(2) of this section and credit for service as a police	6680
officer or state highway patrol trooper to the extent permitted by	6681
division (F)(3) of this section.	6682

(2) A member who meets the conditions in division (B)(2)(a),	6683
(b), or (c) of this section may apply for an age and service	6684
retirement benefit under this division:	6685

(a) Except as provided in division (B)(2)(b) of this	6686
section, has at least twenty-five years of total service credit as	6687
a law enforcement officer and has attained age fifty-two;	6688

(b) Has at least twenty-five years of total service credit	6689
as a law enforcement officer while serving as a sheriff, deputy	6690
sheriff, or township constable or police officer in a township	6691
police department or district and has attained age forty-eight;	6692

(c) Has at least fifteen years of total service credit as a	6693
law enforcement officer and has attained age sixty-two.	6694

(3) A benefit paid under division (B) of this section shall	6695
consist of an annual single lifetime allowance equal to the sum of	6696
two and one-half per cent of the member's final average salary	6697
multiplied by the first twenty-five years of the member's total	6698
service plus two and one-tenth per cent of the member's final	6699
average salary multiplied by the number of years of the member's	6700
total service credit in excess of twenty-five years.	6701

(C) A member with at least fifteen years of total service	6702
credit as a law enforcement officer who voluntarily resigns or is	6703
discharged for any reason except death, dishonesty, cowardice,	6704
intemperate habits, or conviction of a felony may apply for an age	6705
and service retirement benefit, which shall consist of an annual	6706
single lifetime allowance equal to one and one-half per cent of	6707
the member's final average salary multiplied by the number of	6708
years of the member's total service credit. The allowance shall	6709
commence on the first day of the calendar month following the	6710
month in which the application is filed with the public employees	6711
retirement board on or after the attainment by the applicant of	6712
age fifty-two.	6713

(D)(1) A member with at least twenty-five years of total	6714
service credit as a law enforcement officer other than as a law	6715
enforcement officer eligible for a benefit under division	6716
(B)(2)(b) of this section who voluntarily resigns or is discharged	6717
for any reason except death, dishonesty, cowardice, intemperate	6718
habits, or conviction of a felony, on or after the date of	6719
attaining forty-eight years of age, but before the date of	6720
attaining fifty-two years of age, may elect to receive a reduced	6721
benefit as determined by the following schedule:	6722

(2) If a member elects to receive a reduced benefit after	6732
attaining age forty-eight the reduced benefit is payable from the	6733
later of the date of the member's most recent birthday or the date	6734
the member becomes eligible to receive the reduced benefit.	6735

(3) Once a member elects to receive a reduced benefit	6736
determined by the schedule in division (D)(1) of this section and	6737
has received a payment, the member may not reelect to change that	6738
election.	6739

(4) If a member who has resigned or been discharged has left	6740
on deposit the member's accumulated contributions in the	6741
employees' savings fund and has not elected to receive a reduced	6742
benefit determined by the schedule in division (D)(1) of this	6743
section, upon attaining fifty-two years of age, the member shall	6744
be entitled to receive a benefit computed and paid under division	6745
(B)(3) of this section.	6746

(E) A benefit paid under division (B), (C), or (D) of this	6747
section shall not exceed the lesser of ninety per cent of the	6748
member's final average salary or the limit established by section	6749
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	6750
U.S.C.A. 415, as amended.	6751

(F)(1) A member with service credit as a law enforcement	6752
officer and other service credit under this chapter may elect one	6753
of the following:	6754

(a) To have all the member's service credit under this	6755
chapter, including credit for service as a law enforcement	6756
officer, used in calculating a retirement allowance under division	6757
(A) of this section if the member qualifies for an allowance under	6758
that division;	6759

(b) If the member qualifies for an allowance under division	6760
(B)(2)(a) or (c), (C), or (D) of this section, to have the	6761
member's service credit as a law enforcement officer used in	6762
calculating a benefit under that division and the member's credit	6763
for all service other than law enforcement service under this	6764
chapter used in calculating a benefit consisting of a single life	6765
annuity having a reserve equal to the amount of the member's	6766
accumulated contributions and an equal amount of the employer's	6767
contributions;	6768

(c) If the member qualifies for an allowance under division	6769
(B)(2)(b) of this section, to have the member's service credit as	6770
a law enforcement officer while serving as a sheriff, deputy	6771
sheriff, or township constable or police officer in a township	6772
police department or district used in calculating a benefit under	6773
division (B)(2)(b) of this section and the member's credit for all	6774
other service under this chapter used in calculating a benefit	6775
consisting of a single life annuity having a reserve equal to the	6776
amount of the member's accumulated contributions and an equal	6777
amount of the employer's contributions.	6778

(2) Notwithstanding sections 145.01 and 145.30 of the	6779
Revised Code, no more than four years of military service credit	6780
granted under section 145.30 of the Revised Code and five years of	6781
military service credit purchased under section 145.301 or 145.302	6782
of the Revised Code shall be used in calculating service as a law	6783
enforcement officer or the total service credit of that person.	6784

(3) Only credit for the member's service as a law	6785
enforcement officer or service credit obtained as a police officer	6786
or state highway patrol trooper shall be used in computing the	6787
benefits under division (B), (C), or (D) of this section for the	6788
following:	6789

(a) Any person who originally is commissioned and employed	6790
as a deputy sheriff by the sheriff of any county, or who	6791
originally is elected sheriff, on or after January 1, 1975;	6792

(b) Any deputy sheriff who originally is employed as a	6793
criminal bailiff or court constable on or after April 16, 1993;	6794

(c) Any person who originally is appointed as a township	6795
constable or police officer in a township police department or	6796
district on or after January 1, 1981;	6797

(d) Any person who originally is employed as a county	6798
narcotics agent on or after September 26, 1984;	6799

(e) Any person who originally is employed as an undercover	6800
drug agent as defined in section 109.79 of the Revised Code,	6801
department of public safety enforcement agent who prior to June	6802
30, 1999, was a liquor control investigator, park officer, forest	6803
officer, wildlife officer, state watercraft officer, park district	6804
police officer, conservancy district officer, Ohio veterans' home	6805
police officer, special police officer for a mental health	6806
institution, special police officer for an institution for the	6807
mentally retarded and developmentally disabled, or municipal	6808
police officer on or after December 15, 1988;	6809

(f) Any person who originally is employed as a state	6810
university law enforcement officer on or after November 6, 1996;	6811

(g) Any person who originally is employed as a Hamilton	6812
county municipal court bailiff on or after November 6, 1996;	6813

(h) Any person who is originally employed as a state	6814
university law enforcement officer by the university of Akron on	6815
or after September 16, 1998;	6816

(i) Any person who originally is employed as a preserve	6817
officer on or after March 18, 1999;	6818

(j) Any person who originally is employed as a natural	6819
resources law enforcement staff officer on or after March 18,	6820
1999;	6821

(k) Any person who is originally employed as a department of	6822
public safety enforcement agent on or after June 30, 1999;	6823

(l) Any person who is originally employed as a house	6824
sergeant at arms or assistant house sergeant at arms on or after	6825
the effective date of this amendment.	6826

(G) Retirement allowances determined under this section	6827
shall be paid as provided in section 145.46 of the Revised Code.	6828

(H) For the purposes of this section, service prior to June	6829
30, 1999, as a food stamp trafficking agent under former section	6830
5502.14 of the Revised Code shall be considered service as a law	6831
enforcement officer.	6832

Sec. 147.01.  (A) The governorsecretary of state may	6833
appoint and commission as notaries public as many persons who meet	6834
the qualifications of division (B) of this section as hethe	6835
secretary of state considers necessary.	6836

(B) In order for a person to qualify to be appointed and	6837
commissioned as a notary public, the person must satisfy both of	6838
the following:	6839

(1) The person has attained the age of eighteen years.

6840

(2) One of the following applies:

6841

(a) The person is a citizen of this state who is not an	6842
attorney admitted to the practice of law.	6843

(b) The person is a citizen of this state who is an attorney	6844
admitted to the practice of law in this state by the Ohio supreme	6845
court.	6846

(c) The person is not a citizen of this state, is an	6847
attorney admitted to the practice of law in this state by the Ohio	6848
supreme court, and has histhe person's principal place of	6849
business or histhe person's primary practice in this state.	6850

(C) A notary public shall be appointed and commissioned as a	6851
notary public for the state. The governorsecretary of state may	6852
revoke a commission issued to a notary public upon presentation of	6853
satisfactory evidence of official misconduct or incapacity.	6854

Sec. 147.02.  (A) Before the appointment of a notary public	6855
is made, the applicant shall produce to the governorsecretary of	6856
state a certificate from a judge or justice of the court of common	6857
pleas, court of appeals, or supreme court that contains the	6858
following:	6859

(1) A statement that the applicant is of good moral	6860
character;	6861

(2) If the applicant is not an attorney admitted to the	6862
practice of law in this state by the Ohio supreme court, a	6863
statement that hethe applicant is a citizen of the county in	6864
which hethe applicant resides;	6865

(3) If the applicant is an attorney admitted to the practice	6866
of law in this state by the Ohio supreme court, a statement that	6867
hethe applicant is possessed of sufficient qualifications and	6868
ability to discharge the duties of the office of notary public.	6869

(B) No judge or justice shall issue a certificate required	6870
by division (A) of this section until hethe judge or justice is	6871
satisfied from his personal knowledge that the applicant possesses	6872
the qualifications necessary to a proper discharge of the duties	6873
of the office or until the applicant has passed an examination	6874
under any rules that the judge or justice may prescribe.	6875

(C) If the applicant is a citizen of this state who is an	6876
attorney admitted to the practice of law in this state by the Ohio	6877
supreme court, the judge or justice also shall certify this fact	6878
in the certification required by division (A) of this section.	6879

(D) If the applicant is not a citizen of this state but is	6880
an attorney who is admitted to the practice of law in this state	6881
by the Ohio supreme court and whose principal place of business or	6882
primary practice is in this state, the judge or justice also shall	6883
certify these facts in the certification required by division (A)	6884
of this section.	6885

(E) For the purposes of sections 147.03, 147.04, 147.05, and	6886
147.13 of the Revised Code, the county in which an attorney who is	6887
not a citizen of this state and who is a notary public has histhe	6888
attorney's principal place of business or histhe attorney's	6889
primary practice shall be deemed the county in which hethe	6890
attorney resides.	6891

Sec. 147.03.  Each notary public, except an attorney admitted	6892
to the practice of law in this state by the Ohio supreme court,	6893
shall hold his office for the term of five years unless the	6894
commission is revoked. Before entering upon the duties of his	6895
office, he shall take and subscribe an oath to be endorsed on his	6896
commission.An	6897

An attorney admitted to the practice of law in this state by	6898
the Ohio supreme court shall hold his office as a notary public as	6899
long as hethe attorney is a resident of this state or has histhe	6900
attorney's principal place of business or primary practice in this	6901
state, hethe attorney is in good standing before the Ohio supreme	6902
court, and the commission is not revoked. Before entering upon	6903
the duties of his office, hea notary public shall deposit with	6904
the secretary of state the certificate provided for in section	6905
147.02 of the Revised Code and shall take and subscribe an oath to	6906
be endorsed on histhe notary public's commission.	6907

A notary public who violates the oath of office required by	6908
this section shall be removed from office by the court of common	6909
pleas of the county in which hethe notary public resides, upon	6910
complaint filed and substantiated in the court, and the court,	6911
upon removing a notary public from office, shall certify the	6912
removal to the governorsecretary of state. The person so removed	6913
shall be ineligible for reappointment to the office of notary	6914
public.	6915

Each person holding office as a notary public on October 24,	6916
1961, shall continue in that office until the expiration of his	6917
term, and, after the expiration of that office, he shall hold	6918
office pursuant to this section.	6919

Sec. 147.05. (A) Before entering upon the duties of histhe	6920
office of notary public, a notary public shall leave histhe	6921
notary public's commission with the oath indorsedendorsed on the	6922
commission with the clerk of the court of common pleas of the	6923
county in which hethe notary public resides. The clerk shall	6924
record the commission shall be recorded by the clerk in a book	6925
kept for that purpose. The clerk shall indorseendorse on the	6926
margin of the record and on the back of the commission the time he	6927
that the clerk received itthe commission for record and make a	6928
proper index to all commissions so recorded by him. For recording	6929
and indexing thea commission, the fee of the clerk shall be as	6930
provided for in division (R) of section 2303.20 of the Revised	6931
Code.	6932

(B) The secretary of state shall maintain a record of the	6933
commissions of each notary public appointed and commissioned by	6934
the secretary of state under this chapter and make a proper index	6935
to that record.	6936

The governor's office shall transfer to the secretary of	6937
state's office, on or after the effective date of this amendment,	6938
the record of notaries public formerly kept by the governor's	6939
office under section 107.10 of the Revised Code. The secretary of	6940
state's office shall maintain that record together with the record	6941
and index of commissions of notaries public required by this	6942
division.	6943

Sec. 147.06.  Upon application, the clerk of the court of	6944
common pleas shall make a certified copy of a notary public	6945
commission and the indorsements thereonendorsements on	6946
thecommission, under the seal of the court, which. The certified	6947
copy shall be prima-facie evidence of the matters and facts	6948
therein contained in it. For each certified copy of a notary	6949
public commission, the clerk shall be entitled to receive a fee of	6950
two dollars.	6951

Sec. 147.13.  A notary public who charges or receives for an	6952
act or service done or rendered by himthe notary public a fee	6953
greater than the amount prescribed by law, or who dishonestly or	6954
unfaithfully discharges any of hisofficial duties as notary	6955
public, shall be removed from his office by the court of common	6956
pleas of the county in which hethe notary public resides, upon	6957
complaint filed and substantiated in suchthe court, and the. The	6958
court shall thereupon certify suchthe removal to the governor	6959
secretary of state. The person so removed shall be ineligible for	6960
reappointment to the office of notary public.	6961

Sec. 147.14.  No notary public shall certify to the affidavit	6962
of a person without administering the appropriate oath or	6963
affirmation to suchthe person. A notary public who violates this	6964
section shall be removed from office by the court of common pleas	6965
of the county in which thea conviction wasfor a violation of	6966
this section is had. The court shall thereupon certify suchthe	6967
removal to the governorsecretary of state. The person so removed	6968
shall be ineligible to reappointment for a period of three years.	6969

Sec. 147.37.  Each person receiving a commission as notary	6970
public, except an attorney admitted to the practice of law in this	6971
state by the Ohio supreme court, shall pay a fee of five dollars	6972
to the secretary of state. Each person receiving a commission as	6973
a notary public who is an attorney admitted to the practice of law	6974
in this state by the Ohio supreme court shall pay a fee of ten	6975
dollars to the secretary of state.	6976

Sec. 147.371.  Upon receipt of a fee of two dollars and an	6977
affidavit that the original commission of a notary public has been	6978
lost or destroyed, a duplicate commission as notary public shall	6979
be issued by the governorsecretary of state.	6980

Sec. 151.04.  This section applies to obligations as defined	6981
in this section.	6982

(A) As used in this section:

6983

(1) "Costs of capital facilities" include related direct	6984
administrative expenses and allocable portions of direct costs of	6985
the using institution.	6986

(2) "Obligations" means obligations as defined in section	6987
154.30151.01 of the Revised Code issued to pay costs of capital	6988
facilities for state-supported or state-assisted institutions of	6989
higher education.	6990

(3) "State-supported or state-assisted institutions of	6991
higher education" means a state university or college, or	6992
community college district, technical college district, university	6993
branch district, or state community college, or other institution	6994
for education, including technical education, beyond the high	6995
school, receiving state support or assistance for its expenses of	6996
operation. "State university or college" means each of the state	6997
universities identified in section 3345.011 of the Revised Code,	6998
the northeastern Ohio universities college of medicine, and the	6999
medical college of Ohio at Toledo.	7000

(4) "Using institution" means the state-supported or	7001
state-assisted institution of higher education, or two or more	7002
institutions acting jointly, that are the ultimate users of	7003
capital facilities for state-supported and state-assisted	7004
institutions of higher education financed with net proceeds of	7005
obligations.	7006

(B) The issuing authority shall issue obligations to pay	7007
costs of capital facilities for state-supported and state-assisted	7008
institutions of higher education pursuant to Section 2n of Article	7009
VIII, Ohio Constitution, section 151.01 of the Revised Code, and	7010
this section.	7011

(C) Net proceeds of obligations shall be deposited into the	7012
higher education improvement fund created by division (F) of	7013
section 154.21 of the Revised Code.	7014

(D) There is hereby created in the state treasury the	7015
"higher education capital facilities bond service fund." All	7016
moneys received by the state and required by the bond proceedings,	7017
consistent with sections 151.01 and 151.04 of the Revised Code, to	7018
be deposited, transferred, or credited to the bond service fund,	7019
and all other moneys transferred or allocated to or received for	7020
the purposes of that fund, shall be deposited and credited to the	7021
bond service fund, subject to any applicable provisions of the	7022
bond proceedings but without necessity for any act of	7023
appropriation. During the period beginning with the date of the	7024
first issuance of obligations and continuing during the time that	7025
any obligations are outstanding in accordance with their terms, so	7026
long as moneys in the bond service fund are insufficient to pay	7027
debt service when due on those obligations payable from that fund	7028
(except the principal amounts of bond anticipation notes payable	7029
from the proceeds of renewal notes or bonds anticipated) and due	7030
in the particular fiscal year, a sufficient amount of revenues of	7031
the state is committed and, without necessity for further act of	7032
appropriation, shall be paid to the bond service fund for the	7033
purpose of paying that debt service when due.	7034

Sec. 166.03.  (A) There is hereby created the facilities	7035
establishment fund within the state treasury, consisting of	7036
proceeds from the issuance of obligations as specified under	7037
section 166.08 of the Revised Code; the moneys received by the	7038
state from the sources specified in section 166.09 of the Revised	7039
Code; service charges imposed under sections 166.06 and 166.07 of	7040
the Revised Code; any grants, gifts, or contributions of moneys	7041
received by the director of development to be used for loans made	7042
under section 166.07 of the Revised Code or for the payment of the	7043
allowable costs of project facilities; and all other moneys	7044
appropriated or transferred to the fund. Moneys in the loan	7045
guarantee fund in excess of four per cent of the unpaid principal	7046
amount of loan repayments guaranteed under section 166.06 of the	7047
Revised Code, but subject to the provisions and requirements of	7048
any guarantee contracts, may be transferred to the facilities	7049
establishment fund by the treasurer of state upon the order of the	7050
director of development. Moneys received by the state under	7051
Chapter 122. of the Revised Code, to the extent allocable to the	7052
utilization of moneys derived from proceeds of the sale of	7053
obligations pursuant to section 166.08 of the Revised Code, shall	7054
be credited to the facilities establishment fund.	7055

(B) All moneys appropriated or transferred to the facilities	7056
establishment fund may be released at the request of the director	7057
of development for payment of allowable costs or the making of	7058
loans under this chapter, for transfer to the loan guarantee fund	7059
established in section 166.06 of the Revised Code, or for use for	7060
the purpose of or transfer to the funds established by sections	7061
122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, and	7062
122.80 of the Revised Code and, until July 1, 20012003, the funds	7063
established by sections 122.26 and 166.031 of the Revised Code,	7064
but only for such of those purposes as are within the	7065
authorization of Section 13 of Article VIII, Ohio Constitution, in	7066
all cases subject to the approval of the controlling board.	7067

(C) The department of development, in the administration of	7068
the facilities establishment fund, is encouraged to utilize and	7069
promote the utilization of, to the maximum practicable extent, the	7070
other existing programs, business incentives, and tax incentives	7071
that department is required or authorized to administer or	7072
supervise.	7073

Sec. 169.01.  As used in this chapter, unless the context	7074
otherwise requires:	7075

(A) "Financial organization" means any bank, trust company,	7076
savings bank, safe deposit company, mutual savings bank without	7077
mutual stock, savings and loan association, credit union, or	7078
investment company.	7079

(B)(1) "Unclaimed funds" means any moneys, rights to moneys,	7080
or intangible property, described in section 169.02 of the Revised	7081
Code, when, as shown by the records of the holder, the owner has	7082
not, within the times provided in section 169.02 of the Revised	7083
Code, done any of the following:	7084

(a) Increased, decreased, or adjusted the amount of such	7085
funds;	7086

(b) Assigned, paid premiums, or encumbered such funds;

7087

(c) Presented an appropriate record for the crediting of	7088
such funds or received payment of such funds by check, draft, or	7089
otherwise;	7090

(d) Corresponded with the holder concerning such funds;

7091

(e) Otherwise indicated an interest in or knowledge of such	7092
funds;	7093

(f) Transacted business with the holder.

7094

(2) "Unclaimed funds" does not include any of the following:

7095

(a) Money received or collected under section 9.39 of the	7096
Revised Code;	7097

(b) Any payment or credit due to a business association from	7098
a business association representing sums payable to suppliers, or	7099
payment for services rendered, in the course of business,	7100
including, but not limited to, checks or memoranda, overpayments,	7101
unidentified remittances, nonrefunded overcharges, discounts,	7102
refunds, and rebates;	7103

(c) Any payment or credit received by a business association	7104
from a business association for tangible goods sold, or services	7105
performed, in the course of business, including, but not limited	7106
to, checks or memoranda, overpayments, unidentified remittances,	7107
nonrefunded overcharges, discounts, refunds, and rebates;	7108

(d) Any credit due a retail customer that is represented by a	7109
gift certificate, gift card, merchandise credit, or merchandise	7110
credit card, redeemable only for merchandise.	7111

For purposes of divisions (B)(2)(b) and (c) of this section,	7112
"business association" means any corporation, joint venture,	7113
business trust, limited liability company, partnership,	7114
association, or other business entity composed of one or more	7115
individuals, whether or not the entity is for profit.	7116

(C) "Owner" means any person, or the person's legal	7117
representative, entitled to receive or having a legal or equitable	7118
interest in or claim against moneys, rights to moneys, or other	7119
intangible property, subject to this chapter.	7120

(D)(1) "Holder" means any person that has possession,	7121
custody, or control of moneys, rights to moneys, or other	7122
intangible property, or that is indebted to another, if any of the	7123
following applies:	7124

(a) Such person resides in this state;

7125

(b) Such person is formed under the laws of this state;

7126

(c) Such person is formed under the laws of the United	7127
States and has an office or principal place of business in this	7128
state;	7129

(d) The records of such person indicate that the last known	7130
address of the owner of such moneys, rights to moneys, or other	7131
intangible property is in this state;	7132

(e) The records of such person do not indicate the last	7133
known address of the owner of the moneys, rights to moneys, or	7134
other intangible property and the entity originating or issuing	7135
the moneys, rights to moneys, or other intangible property is this	7136
state or any political subdivision of this state, or is	7137
incorporated, organized, created, or otherwise located in this	7138
state. Division (D)(1)(e) of this section applies to all moneys,	7139
rights to moneys, or other intangible property that is in the	7140
possession, custody, or control of such person on or after July	7141
22, 1994, whether the moneys, rights to moneys, or other	7142
intangible property becomes unclaimed funds prior to or on or	7143
after suchthat date.	7144

(2) "Holder" does not mean any hospital granted tax-exempt	7145
status under section 501(c)(3) of the Internal Revenue Code or any	7146
hospital owned or operated by the state or by any political	7147
subdivision. Any entity in order to be exempt from the definition	7148
of "holder" pursuant to this division shall make a reasonable,	7149
good-faith effort to contact the owner of the unclaimed funds.	7150

(E) "Person" includes a natural person; corporation, whether	7151
for profit or not for profit; copartnership; unincorporated	7152
association or organization; public authority; estate; trust; two	7153
or more persons having a joint or common interest; eleemosynary	7154
organization; fraternal or cooperative association; other legal or	7155
community entity; the United States government, including any	7156
district, territory, possession, officer, agency, department,	7157
authority, instrumentality, board, bureau, or court; or any state	7158
or political subdivision thereof, including any officer, agency,	7159
board, bureau, commission, division, department, authority, court,	7160
or instrumentality.	7161

(F) "Mortgage funds" means the mortgage insurance fund	7162
created by section 122.561 of the Revised Code, and the housing	7163
guarantee fund created by division (D) of section 128.11 of the	7164
Revised Code.	7165

(G) "Lawful claims" means any vested right a holder of	7166
unclaimed funds has against the owner of such unclaimed funds.	7167

(H) "Public utility" means any entity defined as such by	7168
division (A) of section 745.01 or by section 4905.02 of the	7169
Revised Code.	7170

(I) "Deposit" means to place money in the custody of a	7171
financial organization for the purpose of establishing an	7172
income-bearing account by purchase or otherwise.	7173

(J) "Income-bearing account" means a time or savings	7174
account, whether or not evidenced by a certificate of deposit, or	7175
an investment account through which investments are made solely in	7176
obligations of the United States or its agencies or	7177
instrumentalities or guaranteed as to principal and interest by	7178
the United States or its agencies or instrumentalities, debt	7179
securities rated as investment grade by at least two nationally	7180
recognized rating services, debt securities which the director of	7181
commerce has determined to have been issued for the safety and	7182
welfare of the residents of this state, and equity interests in	7183
mutual funds that invest solely in some or all of the above-listed	7184
securities and involve no general liability, without regard to	7185
whether income earned on such accounts, securities, or interests	7186
is paid periodically or at the end of a term.	7187

Sec. 173.35.  (A) As used in this section, "PASSPORT	7188
administrative agency" means an entity under contract with the	7189
department of aging to provide administrative services regarding	7190
the PASSPORT program created under section 173.40 of the Revised	7191
Code.	7192

(B) The department of aging shall administer the residential	7193
state supplement program under which the state supplements the	7194
supplemental security income payments received by aged, blind, or	7195
disabled adults under Title XVI of the "Social Security Act," 49	7196
Stat. 620 (1935), 42 U.S.C.A., as amended. Residential state	7197
supplement payments shall be used for the provision of	7198
accommodations, supervision, and personal care services to	7199
supplemental security income recipients who the department	7200
determines are at risk of needing institutional care.	7201

(C) For an individual to be eligible for residential state	7202
supplement payments, all of the following must be the case:	7203

(1) Except as provided by division (G) of this section, the	7204
individual must reside in one of the following:	7205

(a) An adult foster home certified under section 173.36 of	7206
the Revised Code;	7207

(b) A home or facility, other than a nursing home or nursing	7208
home unit of a home for the aging, licensed by the department of	7209
health under Chapter 3721. or 3722. of the Revised Code;	7210

(c) A community alternative home licensed under section	7211
3724.03 of the Revised Code;	7212

(d) A residential facility as defined in division	7213
(A)(1)(d)(ii) of section 5119.22 of the Revised Code licensed by	7214
the department of mental health;	7215

(e) An apartment or room used to provide community mental	7216
health housing services certified by the department of mental	7217
health under division (M) of section 5119.615119.611 of the	7218
Revised Code and approved by a board of alcohol, drug addiction,	7219
and mental health services under division (A)(13)(14) of section	7220
340.03 of the Revised Code.	7221

(2) Effective July 1, 2000, a PASSPORT administrative agency	7222
must have determined that the environment in which the individual	7223
will be living while receiving the payments is appropriate for the	7224
individual's needs. If the individual is eligible for	7225
supplemental security income payments or social security	7226
disability insurance benefits because of a mental disability, the	7227
PASSPORT administrative agency shall refer the individual to a	7228
community mental health agency for the community mental health	7229
agency to issue in accordance with section 340.091 of the Revised	7230
Code a recommendation on whether the PASSPORT administrative	7231
agency should determine that the environment in which the	7232
individual will be living while receiving the payments is	7233
appropriate for the individual's needs. Division (C)(2) of this	7234
section does not apply to an individual receiving residential	7235
state supplement payments on June 30, 2000, until the individual's	7236
first eligibility redetermination after that date.	7237

(3) The individual satisfies all eligibility requirements	7238
established by rules adopted under division (D) of this section.	7239

(D) The directors of aging and job and family services shall	7240
adopt rules in accordance with section 111.15 of the Revised Code	7241
as necessary to implement the residential state supplement	7242
program.	7243

To the extent permitted by Title XVI of the "Social Security	7244
Act," and any other provision of federal law, the director of job	7245
and family services shall adopt rules establishing standards for	7246
adjusting the eligibility requirements concerning the level of	7247
impairment a person must have so that the amount appropriated for	7248
the program by the general assembly is adequate for the number of	7249
eligible individuals. The rules shall not limit the eligibility	7250
of disabled persons solely on a basis classifying disabilities as	7251
physical or mental. The director of job and family services also	7252
shall adopt rules that establish eligibility standards for aged,	7253
blind, or disabled individuals who reside in one of the homes or	7254
facilities specified in division (C)(1) of this section but who,	7255
because of their income, do not receive supplemental security	7256
income payments. The rules may provide that these individuals may	7257
include individuals who receive other types of benefits,	7258
including, social security disability insurance benefits provided	7259
under Title II of the "Social Security Act," 49 Stat. 620 (1935),	7260
42 U.S.C.A. 401, as amended. Notwithstanding division (B) of this	7261
section, such payments may be made if funds are available for	7262
them.	7263

The director of aging shall adopt rules establishing the	7264
method to be used to determine the amount an eligible individual	7265
will receive under the program. The amount the general assembly	7266
appropriates for the program shall be a factor included in the	7267
method that department establishes.	7268

(E) The county department of job and family services of the	7269
county in which an applicant for the residential state supplement	7270
program resides shall determine whether the applicant meets income	7271
and resource requirements for the program.	7272

(F) The department of aging shall maintain a waiting list of	7273
any individuals eligible for payments under this section but not	7274
receiving them because moneys appropriated to the department for	7275
the purposes of this section are insufficient to make payments to	7276
all eligible individuals. An individual may apply to be placed on	7277
the waiting list even though the individual does not reside in one	7278
of the homes or facilities specified in division (C)(1) of this	7279
section at the time of application. The director of aging, by	7280
rules adopted in accordance with Chapter 119. of the Revised Code,	7281
shall specify procedures and requirements for placing an	7282
individual on the waiting list. Individuals on the waiting list	7283
who reside in a community setting not required to be licensed or	7284
certified shall have their eligibility for the payments assessed	7285
before other individuals on the waiting list.	7286

(G) An individual in a licensed or certified living	7287
arrangement receiving state supplementation on November 15, 1990,	7288
under former section 5101.531 of the Revised Code shall not become	7289
ineligible for payments under this section solely by reason of the	7290
individual's living arrangement as long as the individual remains	7291
in the living arrangement in which the individual resided on	7292
November 15, 1990.	7293

(H) The department of aging shall notify each person denied	7294
approval for payments under this section of the person's right to	7295
a hearing. On request, the hearing shall be provided by the	7296
department of job and family services in accordance with section	7297
5101.35 of the Revised Code.	7298

Sec. 173.40.  There is hereby created a component of the	7299
medicaid program established under Chapter 5111. of the Revised	7300
Code to be known as the preadmission screening system providing	7301
options and resources today program, or PASSPORT. Through the	7302
medical assistance program established under Chapter 5111. of the	7303
Revised Code, theThe PASSPORT program shall provide home and	7304
community-based services as an alternative to nursing facility	7305
placement for aged and disabled personsmedicaid recipients. The	7306
program shall be operated pursuant to a home and community-based	7307
waiver granted by the United States secretary of health and human	7308
services under section 1915 of the "Social Security Act," 49 Stat.	7309
620 (1935), 42 U.S.C. 1396n, as amended. The department of aging	7310
shall administer the program. The department of aging shall enter	7311
intothrough an interagency agreement entered into with the	7312
department of job and family services regarding services provided	7313
under the program to recipients of medical assistance under	7314
Chapter 5111.under section 5111.86 of the Revised Code. The	7315
directors of aging and job and family services shall adopt rules	7316
in accordance with Chapter 119. of the Revised Code to implement	7317
the program.	7318

Sec. 173.46.  The department of aging shall develop and	7319
publish a guide to nursing facilities in this state for use by	7320
individuals considering nursing facility placement and their	7321
families, friends, and advisors. The guide shall be titled the	7322
Ohio long-term care consumer guide.	7323

The consumer guide shall be published in computerized form	7324
for distribution over the internet. The guide shall be made	7325
available not later than fourteen months after the effective date	7326
of this sectionMarch 1, 2002, and shall be updated in accordance	7327
with section 173.52 of the Revised Code.	7328

Every two years, the department shall publish an executive	7329
summary of the consumer guide, and shall make the executive	7330
summary available in both computerized and printed forms.	7331

Sec. 173.47.  The department of aging may contract with any	7332
person or government entity to perform any function related to the	7333
publication of the Ohio long-term care consumer guide or the	7334
collection and preparation of data and other material for the	7335
guide, except that the department shall contract to have the	7336
customer satisfaction surveys conducted under section 173.54 of	7337
the Revised Code. In awarding the contract to have the surveys	7338
conductedTo the extent possible, the department shall contract	7339
with a person or government entity that has experience in	7340
surveying the customer satisfaction of nursing facility residents	7341
and their families. The department's contract shall permit the	7342
person or government entity to subcontract with other persons or	7343
government entities for purposes of conducting all or part of the	7344
surveys.	7345

Sec. 175.03.  (A)(1) The Ohio housing finance agency shall	7346
consist of nineeleven members. SevenNine of the members shall be	7347
appointed by the governor with the advice and consent of the	7348
senate. The director of commerce and the director of development,	7349
or their respective designees, shall also be voting members of the	7350
agency. Of the sevennine appointed members, at least one shall	7351
have experience in residential housing construction; at least one	7352
shall have experience in residential housing mortgage lending,	7353
loan servicing, or brokering; at least one shall have experience	7354
in the licensed residential housing brokerage business; at least	7355
one shall have experience with the housing needs of senior	7356
citizens; at least one shall be from a background in labor	7357
representation in the construction industry; at least one shall	7358
represent the interests of nonprofit multifamily housing	7359
development organizations; at least one shall represent the	7360
interests of for-profit multifamily housing development	7361
corporations; and two shall be public members. No more than five	7362
six of the appointed members of the agency shall be of the same	7363
political party. Of the initial appointments made to the agency,	7364
two shall be for a term ending on January 31, 1984, two shall be	7365
for a term ending on January 31, 1985, one shall be for a term	7366
ending on January 31, 1986, one shall be for a term ending on	7367
January 31, 1987, and one shall be for a term ending on January	7368
31, 1988, the term for each member to be designated by the	7369
governorOf the appointments made to the agency for the eighth and	7370
ninth appointed members in accordance with this amendment, one	7371
shall be for a term ending on January 31, 2005, and one shall be	7372
for a term ending on January 31, 2006. Thereafter, each appointed	7373
member shall serve for a term ending on the thirty-first day of	7374
January which is six years following the date of termination of	7375
the term which it succeeds. Each member shall hold office from	7376
the date of the member's appointment until the end of the term for	7377
which the member was appointed. Any member appointed to fill a	7378
vacancy occurring prior to the expiration of the term for which	7379
the member's predecessor was appointed shall hold office for the	7380
remainder of such term. Any appointed member shall continue in	7381
office subsequent to the expiration date of the member's term	7382
until the member's successor takes office, or until a period of	7383
sixty days has elapsed, whichever occurs first. Each appointed	7384
member may be removed from office by the governor for misfeasance,	7385
nonfeasance, malfeasance in office, or for failure to attend in	7386
person three consecutive meetings of the agency.	7387

(2) The director of development or the director's designee	7388
shall be the chairperson of the agency. The agency shall elect	7389
one of its appointed members as vice-chairperson and such other	7390
officers as it deems necessary, who need not be members of the	7391
agency. Each appointed member of the agency shall receive	7392
compensation at the rate of one hundred fifty dollars per agency	7393
meeting attended in person, not to exceed a maximum of three	7394
thousand dollars per year. All members shall be reimbursed for	7395
their actual and necessary expenses incurred in the discharge of	7396
their official duties.	7397

(3) Fivesix members of the agency constitute a quorum, and	7398
the affirmative vote of fivesix members shall be necessary for	7399
any action taken by the agency. No vacancy in membership of the	7400
agency impairs the right of a quorum to exercise all the rights	7401
and perform all the duties of the agency. Meetings of the agency	7402
may be held at any place within the state. Meetings of the	7403
agency, including notice of the place of meetings, shall comply	7404
with section 121.22 of the Revised Code.	7405

(B) The appointed members of the agency are not subject to	7406
section 102.02 of the Revised Code. Each such appointed member	7407
shall file with the agency a signed written statement setting	7408
forth the general nature of sales of goods, property or services	7409
or of loans to the agency in which such member has a pecuniary	7410
interest or in which any member of the member's immediate family,	7411
as defined in section 102.01 of the Revised Code, or any	7412
corporation, partnership or enterprise of which the member is an	7413
officer, director, or partner, or of which the member or a member	7414
of the member's immediate family, as so defined, owns more than a	7415
five per cent interest, has a pecuniary interest, and of which	7416
sale, loan and interest such member has knowledge. The statement	7417
shall be supplemented from time to time to reflect changes in the	7418
general nature of any such sales or loans. No member shall	7419
participate in portions of agency meetings dealing with, or vote	7420
concerning, any such matter. The requirements of this section	7421
pertaining to disclosure and prohibition from participation and	7422
voting do not apply to agency loans to lending institutions or	7423
contracts between the agency and lending institutions for the	7424
purchase, administration, or servicing of loans notwithstanding	7425
that such lending institution has a director, officer, employee,	7426
or owner who is a member of the agency, and no such loans or	7427
contracts shall be deemed to be prohibited or otherwise regulated	7428
by reason of any other law or rule.	7429

Sec. 175.21.  (A) The low- and moderate-income housing trust	7430
fund is hereby created in the state treasury. The fund shall	7431
consist of all appropriations, grants, gifts, loan repayments, and	7432
contributions of money made from any source to the department of	7433
development for the fund. All investment earnings of the fund	7434
shall be credited to the fund. The director of development shall	7435
allocate a portion of the money in the fund to an account of the	7436
Ohio housing finance agency. The department shall administer the	7437
fund. The agency shall use money allocated to it in the fund for	7438
implementing and administering its programs and duties under	7439
sections 175.22 and 175.24 of the Revised Code, and the department	7440
shall use the remaining money in the fund for implementing and	7441
administering its programs and duties under sections 175.22 to	7442
175.25 of the Revised Code. Use of all money in the fund is	7443
subject to the following restrictions: forty-five per cent of the	7444
money in the fundamount of funds awarded during any one fiscal	7445
year shall be used to make grants and loans to nonprofit	7446
organizations under section 175.22 of the Revised Code, not less	7447
than thirty-fiveforty-five per cent of the money in the fund	7448
amount of funds awarded during any one fiscal year shall be used	7449
to make grants and loans for activities that will provide housing	7450
and housing assistance to families and individuals in rural areas	7451
and small cities that would not be eligible to participate in the	7452
small cities program of the community development and block grant	7453
program under sections 570.420 to 570.438 of the Code of Federal	7454
Regulationsas a participating jurisdiction under the "HOME	7455
Investment Partnerships Act," 104 Stat. 4094 (1990), 42 U.S.C.	7456
12701 note, 12721, no more than fivesix per cent of the money in	7457
the fund shall be used for administration, and no money in the	7458
fund shall be used to pay for any legal services other than the	7459
usual and customary legal services associated with the acquisition	7460
of housing. Except as otherwise provided by the director under	7461
division (B) of this section, money in the fund may be used as	7462
matching money for federal funds received by the state, counties,	7463
municipal corporations, and townships for the activities listed in	7464
section 175.22 of the Revised Code.	7465

(B) If after the second quarter of any year it appears to	7466
the director that the full amount of the money in the low- and	7467
moderate-income housing trust fund designated in that year for	7468
activities that will provide housing and housing assistance to	7469
families and individuals in rural areas and small cities under	7470
division (A) of this section will not be so used, the director may	7471
reallocate all or a portion of that amount for other housing	7472
activities. In determining whether or how to reallocate money	7473
under this division, the director may consult with and shall	7474
receive advice from the housing trust fund advisory committee.	7475

Sec. 175.22.  (A) The department of development and the Ohio	7476
housing finance agency shall each develop programs under which, in	7477
accordance with rules adopted under this section, it may make	7478
grants, loans, loan guarantees, and loan subsidies to counties,	7479
municipal corporations, townships, local housing authorities, and	7480
nonprofit organizations and may make loans, loan guarantees, and	7481
loan subsidies to private developers and private lenders to assist	7482
them in activities that will provide housing and housing	7483
assistance for specifically targeted low- and moderate-income	7484
families and individuals. There shall be no minimum housing	7485
project size for awards under this division for any project that	7486
is being developed for a special needs population and that is	7487
supported by a social service agency where the housing project	7488
will be located. Activities for which grants, loans, loan	7489
guarantees, and loan subsidies may be made under this section	7490
include all of the following:	7491

(1) Acquiring, financing, constructing, leasing,	7492
rehabilitating, remodeling, improving, and equipping publicly or	7493
privately owned housing;	7494

(2) Providing supportive services related to housing and the	7495
homeless, including housing counseling;. Not more than twenty per	7496
cent of the current year appropriation authority for the low- and	7497
moderate-income housing trust fund shall be awarded in any fiscal	7498
year for such supportive services.	7499

(3) Providing rental assistance payments or other project	7500
operating subsidies that lower tenant rents.	7501

(B) Grants, loans, loan guarantees, and loan subsidies may be	7502
made to counties, municipal corporations, townships, and nonprofit	7503
organizations for the additional purposes of providing technical	7504
assistance, design and finance services and consultation, and	7505
payment of pre-development and administrative costs related to any	7506
of the activities listed above.	7507

(C) In developing programs under this section, the	7508
department and the agency shall invite, accept, and consider	7509
public comment, and recommendations from the housing trust fund	7510
advisory committee created under section 175.25 of the Revised	7511
Code, on how the programs should be designed to most effectively	7512
benefit low- and moderate-income families and individuals. The	7513
programs developed under this section shall respond collectively	7514
to housing and housing assistance needs of low- and	7515
moderate-income families and individuals statewide.	7516

(D) The department and the agency, in accordance with	7517
Chapter 119. of the Revised Code, shall each adopt rules under	7518
which it shall administer programs developed by it under this	7519
section. The rules shall prescribe procedures and forms whereby	7520
counties, municipal corporations, townships, local housing	7521
authorities, and nonprofit organizations may apply for grants,	7522
loans, loan guarantees, and loan subsidies and private developers	7523
and private lenders may apply for loans, loan guarantees, and loan	7524
subsidies; eligibility criteria for the receipt of funds;	7525
procedures for reviewing and granting or denying applications;	7526
procedures for paying out funds; conditions on the use of funds;	7527
procedures for monitoring the use of funds; and procedures under	7528
which a recipient shall be required to repay funds that are	7529
improperly used. The rules adopted by the department shall do	7530
both of the following:	7531

(1) Require each recipient of a grant or loan made from the	7532
low- and moderate-income housing trust fund for activities that	7533
will provide, or assist in providing, a rental housing project, to	7534
reasonably ensure that the rental housing project will be	7535
affordable to those families and individuals targeted for the	7536
rental housing project for the useful life of the rental housing	7537
project or for thirty years, whichever is longer;	7538

(2) Require each recipient of a grant or loan made from the	7539
low- and moderate-income housing trust fund for activities that	7540
will provide, or assist in providing, a housing project to prepare	7541
and implement a plan to reasonably assist any families and	7542
individuals displaced by the housing project in obtaining decent	7543
affordable housing.	7544

(E) In prescribing eligibility criteria and conditions for	7545
the use of funds, neither the department nor agency is limited to	7546
the criteria and conditions specified in this section and each may	7547
prescribe additional eligibility criteria and conditions that	7548
relate to the purposes for which grants, loans, loan guarantees,	7549
and loan subsidies may be made. However, the department and	7550
agency are limited by the following specifically targeted low- and	7551
moderate-income guidelines:	7552

(1) Not less than seventy-five per cent of the money granted	7553
and loaned under this section in any bienniumfiscal year shall be	7554
for activities that will provide affordable housing and housing	7555
assistance to families and individuals in a county whose incomes	7556
are equal to or less than fifty per cent of the median income for	7557
that county, as determined by the department under section 175.23	7558
of the Revised Code.	7559

(2) The remainder of the money granted and loaned under this	7560
section in any bienniumfiscal year shall be for activities that	7561
will provide affordable housing and housing assistance to families	7562
and individuals in a county whose incomes are equal to or less	7563
than eighty per cent of the median income for that county, as	7564
determined by the department under section 175.23 of the Revised	7565
Code.	7566

(F) In making grants, loans, loan guarantees, and loan	7567
subsidies under this section, the department and the agency shall	7568
give preference to viable projects and activities that will	7569
benefit those families and individuals in a county whose incomes	7570
are equal to or less than thirty-five per cent of the median	7571
income for that county, as determined by the department under	7572
section 175.23 of the Revised Code. The department and the agency	7573
shall monitor the programs developed under this section to ensure	7574
that money granted and loaned under this section is not used in a	7575
manner that violates division (H) of section 4112.02 of the	7576
Revised Code or discriminates against families with children.	7577

Sec. 175.24.  (A) Annually, the department of development	7578
shall submit a report to the president of the senate and the	7579
speaker of the house of representatives describing the activities	7580
of the department under sections 175.21 to 175.25 of the Revised	7581
Code during the previous calendarstate fiscal year.	7582

(B) Annually, the Ohio housing finance agency shall submit a	7583
report to the president of the senate and the speaker of the house	7584
of representatives describing the activities of the agency under	7585
sections 175.21, 175.22, and 175.24 of the Revised Code during the	7586
previous calendarstate fiscal year.	7587

Sec. 179.02.  (A) There is hereby established the Ohio	7588
commission on dispute resolution and conflict management,	7589
consisting of twelve members, unless a vacancy exists in an	7590
appointment at any given time. The purpose of the commission is	7591
to provide, coordinate, fund, and evaluate dispute resolution and	7592
conflict management education, training, and research programs in	7593
this state, and to consult with, educate, train, provide resources	7594
for, and otherwise assist and facilitate other persons and public	7595
or private agencies, organizations, or entities that are engaged	7596
in activities related to dispute resolution and conflict	7597
management. Four members of the commission shall be appointed by	7598
the governor, four members shall be appointed by the chief justice	7599
of the supreme court, two members shall be appointed by the	7600
president of the senate, and two members shall be appointed by the	7601
speaker of the house of representatives.	7602

Within thirty days after the effective date of this section	7603
June 30, 1995, the governor, the chief justice of the supreme	7604
court, the president of the senate, and the speaker of the house	7605
of representatives shall make initial appointments to the	7606
commission. Of the initial appointments made to the commission by	7607
the governor and the chief justice, two each shall be for a term	7608
ending two years after the effective date of this sectionJune 30,	7609
1995, and two each shall be for a term ending four years after	7610
that date. Of the initial appointments made to the commission by	7611
the president of the senate and the speaker of the house of	7612
representatives, one each shall be for a term ending two years	7613
after the effective date of this sectionJune 30, 1995, and one	7614
each shall be for a term ending four years after that date.	7615
Thereafter, terms of office shall be for three years, with each	7616
term ending on the same day of the same month of the year as the	7617
term that it succeeds. Each member shall hold office from the	7618
date of appointment until the end of the term for which appointed.	7619
Members may be reappointed. Vacancies	7620

Vacancies shall be filled in the manner provided for original	7621
appointments. Any member appointed to fill a vacancy occurring	7622
prior to the expiration date of the term for which the member's	7623
predecessor was appointed shall hold office as a member for the	7624
remainder of that term. A	7625

A member shall continue in office subsequent to the	7626
expiration date of the member's term until athe member's	7627
successor takes office or until a period of sixty days has	7628
elapsed, whichever occurs first.	7629

(B) The commission shall meet within two weeks after all of	7630
its initial members have been appointed, at a time and place	7631
determined by the governor. Thereafter, the commission shall meet	7632
at least quarterly, or more often upon the call of the chairman	7633
chairperson or at the request of the executive director of the	7634
commission. The	7635

The commission shall organize by selecting from among its	7636
members a chairmanchairperson, a vice-chairmanvice-chairperson,	7637
and such other necessary officers as are necessary. All officers	7638
shall be elected annually by vote of the members of the	7639
commission. Each	7640

Each member of the commission shall have one vote. SevenA	7641
majority of the members constituteof the commission, as it exists	7642
at any given time, constitutes a quorum, and the votes of a	7643
majority of the members present at a meeting of the commission are	7644
required to validate an action of the commission.	7645

(C) The members of the commission shall serve without	7646
compensation, but each member shall be reimbursed for actual and	7647
necessary expenses incurred in the performance of official duties,	7648
and actual mileage for each mile necessarily traveled in the	7649
performance of official duties.	7650

Sec. 179.03.  (A) The Ohio commission on dispute resolution	7651
and conflict management shall do all of the following:	7652

(1) Appoint and set the compensation of an executive	7653
director, who shall serve at the pleasure of the commission;	7654

(2) Establish and maintain a central office;

7655

(3) Adopt rules to govern the application for, and the	7656
awarding of, grants made available by the commission under	7657
sections 179.01 to 179.04 of the Revised Code out of the dispute	7658
resolution and conflict management commission gifts, grants, and	7659
reimbursements fund established by division (C) of this section;	7660

(4) Seek, solicit, and apply for grants from any public or	7661
private source to provide for the operation of dispute resolution	7662
and conflict management programs in this state;	7663

(5) Adopt standards for the evaluation of dispute resolution	7664
and conflict management programs funded pursuant to sections	7665
179.01 to 179.04 of the Revised Code;	7666

(6) Provide technical aid and assistance to dispute	7667
resolution and conflict management programs, to centers that	7668
provide these programs, and to public and private agencies and	7669
organizations that provide these programs or engage in dispute	7670
resolution and conflict management activitiesservices;	7671

(7) Approve an annual operating budget;

7672

(8) Prepare an annual report on the operation of the	7673
commission and the office established by the commission, and	7674
provide the report to the governor, the supreme court, and the	7675
general assembly.	7676

(B) The commission may do any of the following:

7677

(1) Receive and accept donations, grants, awards, bequests,	7678
gifts, reimbursements, and similar funds from any lawful source;	7679

(2) Accept the services of volunteer workers and consultants	7680
at no compensation, other than reimbursement for actual and	7681
necessary expenses incurred in the performance of their official	7682
duties, and reimburse any volunteer workers or consultants for	7683
their actual and necessary expenses so incurred;	7684

(3) Prepare and publish statistical data and case studies	7685
and other data pertinent to the development, operation, and	7686
evaluation of dispute resolution and conflict management programs	7687
and centers that provide these programs or engage in dispute	7688
resolution and conflict management services;	7689

(4) Conduct programs that have a general objective of	7690
training and educating mediators and other persons engaged in	7691
providing dispute resolution and conflict management services;	7692

(5) Develop programs and curricula that are designed to	7693
provide dispute resolution and conflict management training and	7694
education for public and private education, as well as other	7695
appropriate education forums;	7696

(6) Enter into contracts for dispute resolution and conflict	7697
management services or authorize the executive director to enter	7698
into those contracts.	7699

(C) There is hereby established in the state treasury the	7700
dispute resolution and conflict management commission gifts,	7701
grants, and reimbursements fund. All donations, grants, awards,	7702
bequests, gifts, and reimbursements, and similar funds received by	7703
the commission under this section shall be deposited in the fund.	7704

Sec. 179.04.  (A) No person shall be appointed executive	7705
director of the Ohio commission on dispute resolution and conflict	7706
management unless the person is trained in law, public affairs,	7707
business administration, or social sciences and the person has	7708
experience in administering dispute resolution and conflict	7709
management programs or services. The executive director appointed	7710
by the commission shall serve at the pleasure of the commission.	7711

(B) The executive director shall do both of the following:

7712

(1) Appoint and set the compensation of personnel who are	7713
necessary for the efficient operation of the office established by	7714
the commission, with the approval of the commission;	7715

(2) Keep and maintain financial records pertaining to the	7716
awarding of grants and contracts authorized pursuant tounder	7717
sections 179.01 to 179.04 of the Revised Code, and report	7718
periodically, but not less than annually, to the commission on all	7719
relevant data pertaining to the operations, costs, and projected	7720
needs of the office established by the commission and on	7721
recommendations for legislation or amendments to court rules that	7722
may be appropriate to improve dispute resolution and conflict	7723
management programs.	7724

(C) The executive director may do any of the following:

7725

(1) Make all necessary arrangements to coordinate the	7726
services of the office established by the commission with any	7727
federal, state, county, municipal, township, or private entity or	7728
program established to provide dispute resolution and conflict	7729
management services and to obtain and provide all funds allowable	7730
from any such entity or under any such programsprogram;	7731

(2) Consult and cooperate with professional groups concerned	7732
with the study, development, implementation, and evaluation of	7733
dispute resolution and conflict management programs and services	7734
and the operation of the state dispute resolution and conflict	7735
management office established by the commission;	7736

(3) Accept the services of volunteer workers and consultants	7737
at no compensation, other than reimbursement for actual and	7738
necessary expenses incurred in the performance of their official	7739
duties, and provide for the reimbursement of any volunteer workers	7740
or consultants for their actual and necessary expenses so	7741
incurred;	7742

(4) Prescribe any forms that are necessary for the uniform	7743
operation of sections 179.01 to 179.04 of the Revised Code;	7744

(5) With the authorization of the commission, enter into	7745
contracts for dispute resolution and conflict management services.	7746

Sec. 181.51.  As used in sections 181.51 to 181.56 of the	7747
Revised Code:	7748

(A) "Federal criminal justice acts" means any federal law	7749
that authorizes financial assistance and other forms of assistance	7750
to be given by the federal government to the states to be used for	7751
the improvement of the criminal and juvenile justice systems of	7752
the states.	7753

(B)(1) "Criminal justice system" includes all of the	7754
functions of the following:	7755

(a) The state highway patrol, county sheriff offices,	7756
municipal and township police departments, and all other law	7757
enforcement agencies;	7758

(b) The courts of appeals, courts of common pleas, municipal	7759
courts, county courts, and mayor's courts, when dealing with	7760
criminal cases;	7761

(c) The prosecuting attorneys, city directors of law,	7762
village solicitors, and other prosecuting authorities when	7763
prosecuting or otherwise handling criminal cases and the county	7764
and joint county public defenders and other public defender	7765
agencies or offices;	7766

(d) The department of rehabilitation and correction,	7767
probation departments, county and municipal jails and workhouses,	7768
and any other department, agency, or facility that is concerned	7769
with the rehabilitation or correction of criminal offenders;	7770

(e) Any public or private agency whose purposes include the	7771
prevention of crime or the diversion, adjudication, detention, or	7772
rehabilitation of criminal offenders;	7773

(f) Any public or private agency, the purposes of which	7774
include assistance to crime victims or witnesses.	7775

(2) The inclusion of any public or private agency, the	7776
purposes of which include assistance to crime victims or	7777
witnesses, as part of the criminal justice system pursuant to	7778
division (B)(1) of this section does not limit, and shall not be	7779
construed as limiting, the discretion or authority of the attorney	7780
general with respect to crime victim assistance and criminal	7781
justice programs.	7782

(C) "Juvenile justice system" includes all of the functions	7783
of the juvenile courts, the department of youth services, any	7784
public or private agency whose purposes include the prevention of	7785
delinquency or the diversion, adjudication, detention, or	7786
rehabilitation of delinquent children, and any of the functions of	7787
the criminal justice system that are applicable to children.	7788

(D) "Comprehensive plan" means a document that coordinates,	7789
evaluates, and otherwise assists, on an annual or multi-year	7790
basis, allany of the functions of the criminal and juvenile	7791
justice systems of the state or a specified area of the state,	7792
that conforms to the priorities of the state with respect to	7793
criminal and juvenile justice systems, and that conforms with the	7794
requirements of all federal criminal justice acts. These	7795
functions may include, but are not limited to, allany of the	7796
following:	7797

(1) Crime and delinquency prevention;

7798

(2) Identification, detection, apprehension, and detention	7799
of persons charged with criminal offenses or delinquent acts;	7800

(3) Assistance to crime victims or witnesses, except that	7801
the comprehensive plan does not include the functions of the	7802
attorney general pursuant to sections 109.91 and 109.92 of the	7803
Revised Code;	7804

(4) Adjudication or diversion of persons charged with	7805
criminal offenses or delinquent acts;	7806

(5) Custodial treatment of criminal offenders and,	7807
delinquent children, or both;	7808

(6) Institutional and noninstitutional rehabilitation of	7809
criminal offenders and, delinquent children, or both.	7810

(E) "Metropolitan county criminal justice services agency"	7811
means an agency that is established pursuant to division (A) of	7812
section 181.54 of the Revised Code.	7813

(F) "Administrative planning district" means a district that	7814
is established pursuant to division (A) or (B) of section 181.56	7815
of the Revised Code.	7816

(G) "Criminal justice coordinating council" means a criminal	7817
justice services agency that is established pursuant to division	7818
(B)(D) of section 181.56 of the Revised Code.	7819

(H) "Local elected official" means any person who is a member	7820
of a board of county commissioners or township trustees or of a	7821
city or village council, judge of the court of common pleas, a	7822
municipal court, or a county court, sheriff, county coroner,	7823
prosecuting attorney, city director of law, village solicitor, or	7824
mayor.	7825

(I) "Juvenile justice coordinating council" means a juvenile	7826
justice services agency that is established pursuant to division	7827
(D) of section 181.56 of the Revised Code.	7828

Sec. 181.52.  (A) There is hereby created an office of	7829
criminal justice services. The governor shall appoint a director	7830
of the office, and the director may appoint, within the office,	7831
any professional and technical personnel and other employees that	7832
are necessary to enable the office to comply with sections 181.51	7833
to 181.56 of the Revised Code. The director and the assistant	7834
director of the office, and all professional and technical	7835
personnel employed within the office who are not public employees	7836
as defined in section 4117.01 of the Revised Code, shall be in the	7837
unclassified civil service, and all other persons employed within	7838
the office shall be in the classified civil service. The director	7839
may enter into any contracts, except contracts governed by Chapter	7840
4117. of the Revised Code, that are necessary for the operation of	7841
the office.	7842

(B) Subject to division (D)(E) of this section and subject	7843
to divisions (D) to (F) of section 5120.09 of the Revised Code	7844
insofar as those divisions relate to federal criminal justice acts	7845
that the governor requires the department of rehabilitation and	7846
correction to administer, the office of criminal justice services	7847
shall do all of the following:	7848

(1) Serve as the state criminal justice services agency and	7849
perform criminal and juvenile justice system planning in the	7850
state, including any planning that is required by any federal law;	7851

(2) Collect, analyze, and correlate information and data	7852
concerning the criminal and juvenile justice systemssystem in the	7853
state;	7854

(3) Cooperate with and provide technical assistance to state	7855
departments, administrative planning districts, metropolitan	7856
county criminal justice services agencies, criminal justice	7857
coordinating councils, agencies, offices, and departments of the	7858
criminal and juvenile justice systemssystem in the state, and	7859
other appropriate organizations and persons;	7860

(4) Encourage and assist agencies, offices, and departments	7861
of the criminal and juvenile justice systemssystem in the state	7862
and other appropriate organizations and persons to solve problems	7863
that relate to the duties of the office;	7864

(5) Administer within the state any federal criminal justice	7865
acts or juvenile justice acts that the governor requires it to	7866
administer;	7867

(6) Administer funds received under the "Family Violence	7868
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	7869
10401, as amended, with all powers necessary for the adequate	7870
administration of those funds, including the authority to	7871
establish a family violence prevention and services program.	7872

(7) Implement the state comprehensive plans;

7873

(7)(8) Audit grant activities of agencies, offices,	7874
organizations, and persons that are financed in whole or in part	7875
by funds granted through the office;	7876

(8)(9) Monitor or evaluate the performance of criminal and	7877
juvenile justice systemssystem projects and programs in the state	7878
that are financed in whole or in part by funds granted through the	7879
office;	7880

(9)(10) Apply for, allocate, disburse, and account for	7881
grants that are made available pursuant to federal criminal	7882
justice acts or juvenile justice acts, or made available from	7883
other federal, state, or private sources, to improve the criminal	7884
and juvenile justice systemssystem in the state. All money from	7885
such federal grants shall, if the terms under which the money is	7886
received require that the money be deposited into an	7887
interest-bearing fund or account, be deposited in the state	7888
treasury to the credit of the federal program purposes fund, which	7889
is hereby created. All investment earnings of the fund shall be	7890
credited to the fund.	7891

(10)(11) Contract with federal, state, and local agencies,	7892
foundations, corporations, businesses, and persons when necessary	7893
to carry out the duties of the office;	7894

(11)(12) Oversee the activities of metropolitan county	7895
criminal justice services agencies, administrative planning	7896
districts, and criminal justice coordinating councils in the	7897
state;	7898

(12)(13) Advise the general assembly and governor on	7899
legislation and other significant matters that pertain to the	7900
improvement and reform of criminal and juvenile justice systems in	7901
the state;	7902

(13)(14) Prepare and recommend legislation to the general	7903
assembly and governor for the improvement of the criminal and	7904
juvenile justice systems in the state;	7905

(14)(15) Assist, advise, and make any reports that are	7906
requested or required by the governor, attorney general, or	7907
general assembly;	7908

(15)(16) Adopt rules pursuant to Chapter 119. of the Revised	7909
Code.	7910

(C) DivisionUpon the request of the governor, the office of	7911
criminal justice services may do any of the following:	7912

(1) Collect, analyze, or correlate information and data	7913
concerning the juvenile justice system in the state;	7914

(2) Cooperate with and provide technical assistance to state	7915
departments, administrative planning districts, metropolitan	7916
county criminal justice service agencies, criminal justice	7917
coordinating councils, agency offices, and the departments of the	7918
juvenile justice system in the state and other appropriate	7919
organizations and persons;	7920

(3) Encourage and assist agencies, offices, and departments	7921
of the juvenile justice system in the state and other appropriate	7922
organizations and persons to solve problems that relate to the	7923
duties of the office.	7924

(D)Divisions (B) and (C) of this section doesdo not limit	7925
the discretion or authority of the attorney general with respect	7926
to crime victim assistance and criminal justice programs.	7927

(D)(E) Nothing in this section is intended to diminish or	7928
alter the status of the office of the attorney general as a	7929
criminal justice services agency.	7930

Sec. 181.54.  (A) A county may enter into an agreement with	7931
the largest city within the county to establish a metropolitan	7932
county criminal justice services agency, if the population of the	7933
county exceeds five hundred thousand or the population of the city	7934
exceeds two hundred fifty thousand.	7935

(B) A metropolitan county criminal justice services agency	7936
shall do all of the following:	7937

(1) Accomplish criminal and juvenile justice systems	7938
planning within its services area;	7939

(2) Collect, analyze, and correlate information and data	7940
concerning the criminal and juvenile justice systems within its	7941
services area;	7942

(3) Cooperate with and provide technical assistance to all	7943
criminal and juvenile justice agencies and systems and other	7944
appropriate organizations and persons within its services area;	7945

(4) Encourage and assist agencies of the criminal and	7946
juvenile justice systems and other appropriate organizations and	7947
persons to solve problems that relate to its duties;	7948

(5) Administer within its services area any federal criminal	7949
justice acts or juvenile justice acts that the office of criminal	7950
justice services pursuant to section 5139.11 of the Revised Code	7951
or the department of youth services administers within the state;	7952

(6) Implement the comprehensive plans for its services area;

7953

(7) Monitor or evaluate, within its services area, the	7954
performance of the criminal and juvenile justice systems projects	7955
and programs that are financed in whole or in part by funds	7956
granted through it;	7957

(8) Apply for, allocate, and disburse grants that are made	7958
available pursuant to any federal criminal justice acts, or	7959
pursuant to any other federal, state, or private sources for the	7960
purpose of improving the criminal and juvenile justice systems;	7961

(9) Contract with federal, state, and local agencies,	7962
foundations, corporations, and other businesses or persons to	7963
carry out the duties of the agency.	7964

Sec. 181.55.  (A)(1) When funds are available for this	7965
purposecriminal justice purposes pursuant to section 181.54 of	7966
the Revised Code, the office of criminal justice services shall	7967
provide funds to metropolitan county criminal justice services	7968
agencies for the purpose of developing, coordinating, evaluating,	7969
and implementing comprehensive plans within their respective	7970
counties. The office of criminal justice services shall provide	7971
funds to an agency only if it complies with the conditions of	7972
division (B) of this section.	7973

(2) When funds are available for juvenile justice purposes	7974
pursuant to section 181.54 of the Revised Code, the department of	7975
youth services shall provide funds to metropolitan county criminal	7976
justice services agencies for the purpose of developing,	7977
coordinating, evaluating, and implementing comprehensive plans	7978
within their respective counties. The department shall provide	7979
funds to an agency only if it complies with the conditions of	7980
division (B) of this section.	7981

(B) A metropolitan county criminal justice services agency	7982
shall do all of the following:	7983

(1) Submit, in a form that is acceptable to the office of	7984
criminal justice services or the department of youth services	7985
pursuant to section 5139.01 of the Revised Code, a comprehensive	7986
plan for the county;	7987

(2) Establish a metropolitan county criminal justice	7988
services supervisory board whose members shall include a majority	7989
of the local elected officials in the county and representatives	7990
from law enforcement agencies, courts, prosecuting authorities,	7991
public defender agencies, rehabilitation and correction agencies,	7992
community organizations, juvenile justice services agencies,	7993
professionals, and private citizens in the county, and that shall	7994
have the authority set forth in division (C) of this section;	7995

(3) Organize in the manner provided in sections 167.01 to	7996
167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised Code,	7997
unless the board created pursuant to division (B)(2) of this	7998
section organizes pursuant to these sections.	7999

(C) A metropolitan county criminal justice services	8000
supervisory board shall do all of the following:	8001

(1) Exercise leadership in improving the quality of the	8002
criminal and juvenile justice systems in the county;	8003

(2) Review, approve, and maintain general oversight of the	8004
comprehensive plans for the county and the implementation of the	8005
plans;	8006

(3) Review and comment on the overall needs and	8007
accomplishments of the criminal and juvenile justice systems in	8008
the county;	8009

(4) Establish, as required to comply with this division,	8010
task forces, ad hoc committees, and other committees, whose	8011
members shall be appointed by the chairmanchairperson of the	8012
board;	8013

(5) Establish any rules that the board considers necessary	8014
and that are consistent with the federal criminal justice acts and	8015
section 181.52 of the Revised Code.	8016

Sec. 181.56.  (A) In counties in which a metropolitan county	8017
criminal justice services agency does not exist, the office of	8018
criminal justice services shall discharge the office's duties that	8019
the governor requires it to administer by establishing	8020
administrative planning districts for criminal justice programs.	8021
An administrative planning district shall contain a group of	8022
contiguous counties in which no county has a metropolitan county	8023
criminal justice services agency.	8024

(B) In counties in which a metropolitan county criminal	8025
justice services agency does not exist, the department of youth	8026
services shall discharge pursuant to section 5139.11 of the	8027
Revised Code the department's duty by establishing administrative	8028
planning districts for juvenile justice programs.	8029

(C) All administrative planning districts shall contain a	8030
group of contiguous counties in which no county has a metropolitan	8031
county criminal justice services agency.	8032

(D) Any county or any combination of contiguous counties	8033
within an administrative planning district may form a criminal	8034
justice coordinating council or a juvenile justice coordinating	8035
council for its respective programs, if the county or the group of	8036
counties has a total population in excess of two hundred fifty	8037
thousand. The council shall comply with the conditions set forth	8038
in divisions (B) and (C) of section 181.55 of the Revised Code,	8039
and exercise within its jurisdiction the powers and duties set	8040
forth in division (B) of section 181.54 of the Revised Code.	8041

Sec. 183.09.  The fiscal year of the tobacco use prevention	8042
and control foundation shall be the same as the fiscal year of the	8043
state.	8044

Within ninety days after the end of each fiscal year, the	8045
foundation shall submit to the governor and the general assembly	8046
both of the following:	8047

(A) A report of the activities of the foundation during the	8048
preceding fiscal year and an independent and objective evaluation	8049
of the progress being made by the foundation in reducing tobacco	8050
use by Ohioans;	8051

(B) A financial report of the foundation for the preceding	8052
fiscal year, which shall include both:	8053

(1) Information on the amount and percentage of overhead and	8054
administrative expenditures compared to programmatic expenditures;	8055

(2) An independent auditor's report on the general purpose	8056
basic financial statements and required supplementary information	8057
of the foundation. Such financial statements shall be prepared in	8058
conformity with generally accepted accounting principles	8059
prescribed for governmental entities.	8060

Sec. 183.10.  The law enforcement improvements trust fund is	8061
hereby created in the state treasury. Money credited to the fund	8062
shall be used by the attorney general to maintain, upgrade, and	8063
modernize the law enforcement training, law enforcement	8064
technology, and laboratory facilitiesequipment of the office of	8065
the attorney general. All investment earnings of the fund shall	8066
be credited to the fund.	8067

Sec. 183.17.  The fiscal year of the southern Ohio	8068
agricultural and community development foundation shall be the	8069
same as the fiscal year of the state.	8070

Within ninety days after the end of each fiscal year, the	8071
foundation shall submit to the governor and the general assembly	8072
both of the following:	8073

(A) A report of the activities of the foundation during the	8074
preceding fiscal year. The report shall also contain an	8075
independent evaluation of the progress being made by the	8076
foundation in carrying out its duties.	8077

(B) A financial report of the foundation for the preceding	8078
year, which shall include both:	8079

(1) Information on the amount and percentage of overhead and	8080
administrative expenditures compared to programmatic expenditures;	8081

(2) An independent auditor's report on the general purpose	8082
basic financial statements and required supplementary information	8083
of the foundation. Such financial statements shall be prepared in	8084
conformity with generally accepted accounting principles	8085
prescribed for governmental entities.	8086

On or before July 1, 2010, the foundation shall report to the	8087
governor and the general assembly on the progress that the	8088
foundation has made in replacing the production of tobacco in	8089
southern Ohio with the production of other agricultural products	8090
and in mitigating the adverse economic impact of reduced tobacco	8091
production in the region. InIf the foundation concludes that a	8092
need for additional funding still exists, the foundation may	8093
request that provision be made for a portion of the payments	8094
credited to the tobacco master settlement agreement fund to	8095
continue to be transferred to the southern Ohio agricultural and	8096
community development trust fund.	8097

Sec. 183.28.  The education technology trust fund is hereby	8098
created in the state treasury. Money credited to the fund shall	8099
be used to pay costs of new and innovative technology for primary	8100
and secondary education, including chartered nonpublic schools,	8101
and higher education, including state institutions of higher	8102
education and private nonprofit institutions of higher education	8103
holding certificates of authorizationthe Ohio SchoolNet	8104
commission under section 1713.023301.80 of the Revised Code. All	8105
investment earnings of the fund shall be credited to the fund.	8106

Sec. 183.30.  (A) NoExcept as provided in division (D) of	8107
this section, no more than five per cent of the total expenditures	8108
of the tobacco use prevention and control foundation in a fiscal	8109
year shall be for administrative expenses of the foundation.	8110

(B) NoExcept as provided in division (D) of this section, no	8111
more than five per cent of the total expenditures of the southern	8112
Ohio agricultural and community development foundation in a fiscal	8113
year shall be for administrative expenses of the foundation.	8114

(C) NoExcept as provided in division (D) of this section, no	8115
more than five per cent of the total expenditures of the	8116
biomedical research and technology transfer commission in a fiscal	8117
year shall be for administrative expenses of the commission.	8118

(D) This section's five per cent limitation on	8119
administrative expenses does not apply in fiscal years 2001 and	8120
2002, provided the foundation or commission seeking to spend more	8121
than five per cent has submitted a spending plan to the	8122
controlling board and the controlling board has approved the plan.	8123

Sec. 301.27.  (A) As used in this section:

8124

(1) "Credit card" includes a gasoline credit card and a	8125
telephone credit card.	8126

(2) "Officer" includes an individual who also is an	8127
appointing authority.	8128

(3) "Gasoline and oil expenses," "minor motor vehicle	8129
maintenance expenses," and "emergency motor vehicle repair	8130
expenses" refer to only those expenses incurred for motor vehicles	8131
owned or leased by the county.	8132

(B) A credit card held by a board of county commissioners or	8133
the office of any other county appointing authority shall be used	8134
only to pay work-related food, transportation, gasolineexpenses,	8135
limited to the following:	8136

(1) Food expenses;

8137

(2) Transportation expenses;

8138

(3) Gasoline and oil, minorexpenses;

8139

(4) Minor motor vehicle maintenance, emergency;

8140

(5) Emergency motor vehicle repair, telephone, lodging, and	8141
internetexpenses;	8142

(6) Telephone expenses;

8143

(7) Lodging expenses;

8144

(8) Internet service provider expenses;

8145

(9) In the case of a public children services agency,	8146
expenses for purchases for children for whom the agency is	8147
providing temporary emergency care pursuant to section 5153.16 of	8148
the Revised Code, children in the temporary or permanent custody	8149
of the agency, and children in a planned permanent living	8150
arrangement.	8151

(C) A county appointing authority may apply to the board of	8152
county commissioners for authorization to have an officer or	8153
employee of the appointing authority use a credit card held by	8154
that appointing authority. The authorization request shall state	8155
whether the card is to be issued only in the name of the office of	8156
the appointing authority itself or whether the issued card shall	8157
also include the name of a specified officer or employee.	8158

(D) The debt incurred as a result of the use of a credit	8159
card pursuant to this section shall be paid from moneys	8160
appropriated to the appointing authority for work-related food,	8161
transportation, gasoline and oil, minor motor vehicle maintenance,	8162
emergency motor vehicle repair, telephone, lodging, and internet	8163
service provider expenses listed in division (B) of this section.	8164

(E)(1) Except as otherwise provided in division (E)(2) of	8165
this section, every officer or employee authorized to use a credit	8166
card held by the board or appointing authority shall submit to the	8167
board by the first day of each month an estimate of the officer's	8168
or employee's work-related food, transportation, gasoline and oil,	8169
minor motor vehicle maintenance, emergency motor vehicle repair,	8170
telephone, lodging, and internet service provider expenses listed	8171
in division (B) of this section for that month, unless the board	8172
authorizes, by resolution, the officer or employee to submit to	8173
the board such an estimate for a period longer than one month. The	8174
board may revise the estimate and determine the amount it	8175
approves, if any, not to exceed the estimated amount. The board	8176
shall certify the amount of its determination to the county	8177
auditor along with the necessary information for the auditor to	8178
determine the appropriate appropriation line item from which such	8179
expenditures are to be made. After receiving certification from	8180
the county auditor that the determined sum of money is in the	8181
treasury or in the process of collection to the credit of the	8182
appropriate appropriation line item for which the credit card is	8183
approved for use, and is free from previous and then-outstanding	8184
obligations or certifications, the board shall authorize the	8185
officer or employee to incur debt for such expenses against the	8186
county's credit up to the authorized amount.	8187

(2) In lieu of following the procedure set forth in division	8188
(E)(1) of this section, a board of county commissioners may adopt	8189
a resolution authorizing an officer or employee of an appointing	8190
authority to use a county credit card to pay for specific classes	8191
of the work-related expenses listed in division (B) of this	8192
section, or use a specific credit card for any of those	8193
work-related expenses listed in division (B) of this section,	8194
without submitting an estimate of those expenses to the board as	8195
required by division (E)(1) of this section. Prior to adopting	8196
the resolution, the board shall notify the county auditor. The	8197
resolution shall specify whether the officer's or employee's	8198
exemption extends to the use of a specific card, which card shall	8199
be identified by its number, or to one or more specific	8200
work-related uses from the classes of uses permitted under	8201
division (B) of this section. Before any credit card exempted for	8202
specific uses may be used to make purchases for uses other than	8203
those specific uses listed in the resolution, the procedures	8204
outlined in division (E)(1) of this section must be followed or	8205
the use shall be considered an unauthorized use. Use of any	8206
credit card under division (E)(2) of this section shall be limited	8207
to the amount appropriated and encumbered in a specific	8208
appropriation line item for the permitted use or uses designated	8209
in the authorizing resolution, or, in the case of a resolution	8210
that authorizes use of a specific credit card, for each of the	8211
permitted uses listed in division (B) of this section, but only to	8212
the extent the moneys in such appropriations are not otherwise	8213
encumbered.	8214

(F)(1) Any time a county credit card approved for use for an	8215
authorized amount under division (E)(1) of this section is used	8216
for more than that authorized amount, the appointing authority may	8217
request the board of county commissioners to authorize after the	8218
fact the expenditure of any amount charged beyond the originally	8219
authorized amount if, upon the board's request, the county auditor	8220
certifies that sum of money is in the treasury or in the process	8221
of collection to the credit of the appropriate appropriation line	8222
item for which the credit card was used and is free from previous	8223
and then-outstanding obligations or certifications. If the card	8224
is used for more than the amount originally authorized and if for	8225
any reason that amount is not authorized after the fact, then the	8226
county treasury shall be reimbursed for any amount spent beyond	8227
the originally authorized amount in the following manner:	8228

(a) If the card is issued in the name of a specific officer	8229
or employee, then that officer or employee is liable in person and	8230
upon any official bond the officer or employee has given to the	8231
county to reimburse the county treasury for the amount charged to	8232
the county beyond the originally authorized amount.	8233

(b) If the card was issued to the office of the appointing	8234
authority, then the appointing authority is liable in person and	8235
upon any official bond the appointing authority has given to the	8236
county for the amount charged to the county beyond the originally	8237
authorized amount.	8238

(2) Any time a county credit card authorized for use under	8239
division (E)(2) of this section is used for more than the amount	8240
appropriated under that division, the appointing authority may	8241
request the board of county commissioners to issue a supplemental	8242
appropriation or make a transfer to the proper line item account	8243
as permitted in section 5705.40 of the Revised Code, to cover the	8244
amount charged beyond the originally appropriated amount. If the	8245
card is used for more than the amount originally appropriated and	8246
if for any reason that amount is not appropriated or transferred	8247
as permitted by this section, then the county treasury shall be	8248
reimbursed for any amount spent beyond the originally appropriated	8249
amount in the following manner:	8250

(a) If the card is issued in the name of a specific officer	8251
or employee, then that officer or employee is liable in person and	8252
upon any official bond the officer or employee has given to the	8253
county for reimbursing the county treasury for any amount charged	8254
on the card beyond the originally appropriated amount.	8255

(b) If the card is issued in the name of the office of the	8256
appointing authority, then the appointing authority is liable in	8257
person and upon any official bond the appointing authority has	8258
given to the county for reimbursement for any amount charged on	8259
the card beyond the originally appropriated amount.	8260

(3) Whenever any officer or employee authorized to use a	8261
credit card held by the board or the office of any other county	8262
appointing authority suspects the loss, theft, or possibility of	8263
unauthorized use of the county credit card the officer or employee	8264
is authorized to use, the officer or employee shall so notify the	8265
officer's or employee's appointing authority or the board	8266
immediately and in writing.	8267

(4) If the county auditor determines there has been a credit	8268
card expenditure beyond the appropriated or authorized amount as	8269
provided in division (E) of this section, the auditor immediately	8270
shall notify the board of county commissioners of this fact. When	8271
the board of county commissioners determines on its own or after	8272
notification from the county auditor that the county treasury	8273
should be reimbursed for credit card expenditures beyond the	8274
appropriated or authorized amount as provided in divisions (F)(1)	8275
and (2) of this section, it shall give written notice to the	8276
officer or employee or appointing authority liable to the treasury	8277
as provided in divisions (F)(1) and (2) of this section. If,	8278
within thirty days after issuance of this written notice the	8279
county treasury is not reimbursed for the amount shown on the	8280
written notice, the prosecuting attorney of the county shall	8281
recover that amount from the officer or employee or appointing	8282
authority who is liable under this section by civil action in any	8283
court of appropriate jurisdiction.	8284

(G) Use of a county credit card for any use other than those	8285
permitted under division (B) of this section is a violation of law	8286
for the purposes of section 2913.21 of the Revised Code.	8287

Sec. 307.86.  Anything to be purchased, leased, leased with	8288
an option or agreement to purchase, or constructed, including, but	8289
not limited to, any product, structure, construction,	8290
reconstruction, improvement, maintenance, repair, or service,	8291
except the services of an accountant, architect, attorney at law,	8292
physician, professional engineer, construction project manager,	8293
consultant, surveyor, or appraiser, by or on behalf of the county	8294
or contracting authority, as defined in section 307.92 of the	8295
Revised Code, at a cost in excess of fifteen thousand dollars,	8296
except as otherwise provided in division (D) of section 713.23 and	8297
in sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03,	8298
340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01,	8299
and 6137.05 of the Revised Code, shall be obtained through	8300
competitive bidding. However, competitive bidding is not required	8301
when any of the following applies:	8302

(A) The board of county commissioners, by a unanimous vote	8303
of its members, makes a determination that a real and present	8304
emergency exists, and that determination and the reasons for it	8305
are entered in the minutes of the proceedings of the board, when	8306
either of the following applies:	8307

(1) The estimated cost is less than fifty thousand dollars.

8308

(2) There is actual physical disaster to structures, radio	8309
communications equipment, or computers.	8310

For purposes of this division, "unanimous vote" means all	8311
three members of a board of county commissioners when all three	8312
members are present, or two members of the board if only two	8313
members, constituting a quorum, are present.	8314

Whenever a contract of purchase, lease, or construction is	8315
exempted from competitive bidding under division (A)(1) of this	8316
section because the estimated cost is less than fifty thousand	8317
dollars, but the estimated cost is fifteen thousand dollars or	8318
more, the county or contracting authority shall solicit informal	8319
estimates from no fewer than three persons who could perform the	8320
contract, before awarding the contract. With regard to each such	8321
contract, the county or contracting authority shall maintain a	8322
record of such estimates, including the name of each person from	8323
whom an estimate is solicited. The county or contracting	8324
authority shall maintain the record for the longer of at least one	8325
year after the contract is awarded or the amount of time the	8326
federal government requires.	8327

(B) The purchase consists of supplies or a replacement or	8328
supplemental part or parts for a product or equipment owned or	8329
leased by the county, and the only source of supply for the	8330
supplies, part, or parts is limited to a single supplier.	8331

(C) The purchase is from the federal government, the state,	8332
another county or contracting authority of another county, or a	8333
board of education, township, or municipal corporation.	8334

(D) Public family services or workforce development	8335
activities are purchased for provision by the county department of	8336
job and family services under section 329.04 of the Revised Code,	8337
or program services, such as direct and ancillary client services,	8338
child day-care, case management services, residential services,	8339
and family resource services, are purchased for provision by a	8340
county board of mental retardation and developmental disabilities	8341
under section 5126.05 of the Revised Code.	8342

(E) The purchase consists of criminal justice services,	8343
social services programs, family services, or workforce	8344
development activities by the board of county commissioners from	8345
nonprofit corporations or associations under programs that are	8346
funded entirely by the federal government or by state grants.	8347

(F) The purchase consists of any form of an insurance policy	8348
or contract authorized to be issued under Title XXXIX of the	8349
Revised Code or any form of health care plan authorized to be	8350
issued under Chapter 1751. of the Revised Code, or any combination	8351
of such policies, contracts, or plans that the contracting	8352
authority is authorized to purchase, and the contracting authority	8353
does all of the following:	8354

(1) Determines that compliance with the requirements of this	8355
section would increase, rather than decrease, the cost of suchthe	8356
purchase;	8357

(2) Employs a competent consultant to assist the contracting	8358
authority in procuring appropriate coverages at the best and	8359
lowest prices;	8360

(3) Requests issuers of suchthe policies, contracts, or	8361
plans to submit proposals to the contracting authority, in a form	8362
prescribed by the contracting authority, setting forth the	8363
coverage and cost of suchthe policies, contracts, or plans as the	8364
contracting authority desires to purchase;	8365

(4) Negotiates with suchthe issuers for the purpose of	8366
purchasing suchthe policies, contracts, or plans at the best and	8367
lowest price reasonably possible.	8368

(G) The purchase consists of computer hardware, software, or	8369
consulting services that are necessary to implement a computerized	8370
case management automation project administered by the Ohio	8371
prosecuting attorneys association and funded by a grant from the	8372
federal government.	8373

(H) Child day-care services are purchased for provision to	8374
county employees.	8375

(I)(1) Property, including land, buildings, and other real	8376
property, is leased for offices, storage, parking, or other	8377
purposes, and all of the following apply:	8378

(a) The contracting authority is authorized by the Revised	8379
Code to lease the property.	8380

(b) The contracting authority develops requests for	8381
proposals for leasing the property, specifying the criteria that	8382
will be considered prior to leasing the property, including the	8383
desired size and geographic location of the property.	8384

(c) The contracting authority receives responses from	8385
prospective lessors with property meeting the criteria specified	8386
in the requests for proposals by giving notice in a manner	8387
substantially similar to the procedures established for giving	8388
notice under section 307.87 of the Revised Code.	8389

(d) The contracting authority negotiates with the	8390
prospective lessors to obtain a lease at the best and lowest price	8391
reasonably possible considering the fair market value of the	8392
property and any relocation and operational costs that may be	8393
incurred during the period the lease is in effect.	8394

(2) The contracting authority may use the services of a real	8395
estate appraiser to obtain advice, consultations, or other	8396
recommendations regarding the lease of property under this	8397
division.	8398

(J) The purchase is made pursuant to section 5139.34 or	8399
sections 5139.41 to 5139.46 of the Revised Code and is of programs	8400
or services that provide case management, treatment, or prevention	8401
services to any felony or misdemeanant delinquent, unruly youth,	8402
or status offender under the supervision of the juvenile court,	8403
including, but not limited to, community residential care, day	8404
treatment, services to children in their home, or electronic	8405
monitoring.	8406

(K) The purchase is made by a public children services	8407
agency pursuant to section 307.92 or 5153.16 of the Revised Code	8408
and consists of family services, programs, or ancillary services	8409
that provide case management, prevention, or treatment services	8410
for children at risk of being or alleged to be abused, neglected,	8411
or dependent children.	8412

Any issuer of policies, contracts, or plans listed in	8413
division (F) of this section and any prospective lessor under	8414
division (I) of this section may have the issuer's or prospective	8415
lessor's name and address, or the name and address of an agent,	8416
placed on a special notification list to be kept by the	8417
contracting authority, by sending the contracting authority such	8418
that name and address. The contracting authority shall send	8419
notice to all persons listed on the special notification list.	8420
Notices shall state the deadline and place for submitting	8421
proposals. The contracting authority shall mail the notices at	8422
least six weeks prior to the deadline set by the contracting	8423
authority for submitting proposals. Every five years the	8424
contracting authority may review this list and remove any person	8425
from the list after mailing the person notification of suchthat	8426
action.	8427

Any contracting authority that negotiates a contract under	8428
division (F) of this section shall request proposals and	8429
renegotiate with issuers in accordance with that division at least	8430
every three years from the date of the signing of such a contract.	8431

Any consultant employed pursuant to division (F) of this	8432
section and any real estate appraiser employed pursuant to	8433
division (I) of this section shall disclose any fees or	8434
compensation received from any source in connection with that	8435
employment.	8436

Sec. 313.091.  In connection with the performance of duties	8437
performed in accordance withunder this chapter, a coroner, deputy	8438
coroner, or representative of a coroner or deputy coroner may	8439
request, in writing, to inspect and receive a copy of the deceased	8440
person's medical and psychiatric records. The person to whom the	8441
request is delivered shall make such records in the person's	8442
custody available during normal business hours to the coroner,	8443
deputy coroner, or representative for purposes of inspection and	8444
copying. A person who provides copies of medical or psychiatric	8445
records pursuant to a request made under this section may request,	8446
in writing, reimbursement in a specified amount for the necessary	8447
and reasonable costs of copying the records, in which case the	8448
coroner, deputy coroner, or representative shall remit that amount	8449
to the person upon receipt of the copies.	8450

Any medical or psychiatric record provided to a coroner,	8451
deputy coroner, or representative of a coroner or deputy coroner	8452
under this section is not a public record subject to section	8453
149.43 of the Revised Code. The release of a deceased person's	8454
medical or psychiatric records to a coroner, deputy coroner, or	8455
representative of a coroner or deputy coroner in accordance with	8456
this section does not violate division (B)(4) of section 4731.22	8457
or section 5122.31 of the Revised Code.	8458

As used in this section and section 313.10 of the Revised	8459
Code, "medical record" has the same meaning as in division (A)(3)	8460
of section 149.43 of the Revised Code.	8461

Sec. 325.071.  There shall be allowed annually to the	8462
sheriff, in addition to all salary and allowances otherwise	8463
provided by law, an amount equal to one-half of the official	8464
salary allowed under sectionsdivision (A) of section 325.06 and	8465
section 325.18 of the Revised Code, to provide for expenses that	8466
the sheriff incurs in the performance of the sheriff's official	8467
duties and in the furtherance of justice. Upon the order of the	8468
sheriff, the county auditor shall draw the auditor's warrant on	8469
the county treasurer, payable to the sheriff or any other person	8470
as the order designates, for the amount the order requires. The	8471
amounts the order requires, not exceeding the amount provided by	8472
this section, shall be paid out of the general fund of the county.	8473

Nothing shall be paid under this section until the sheriff	8474
gives bond to the state in an amount not less than the sheriff's	8475
official salary, to be fixed by the court of common pleas or the	8476
probate court, with sureties to be approved by either of those	8477
courts. The bond shall be conditioned that the sheriff will	8478
faithfully discharge all the duties enjoined upon the sheriff, and	8479
pay over all moneys the sheriff receives in an official capacity.	8480
The bond, with the approval of the court of common pleas or the	8481
probate court of the amount of the bond and the sureties on the	8482
bond, shall be deposited with the county treasurer.	8483

The sheriff annually, before the first Monday of January,	8484
shall file with the county auditor an itemized statement, verified	8485
by the sheriff, as to the manner in which the fund provided by	8486
this section has been expended during the current year, and, if	8487
any part of that fund remains in the sheriff's hands unexpended,	8488
forthwith shall pay the remainder into the county treasury.	8489

Sec. 329.04.  (A) The county department of job and family	8490
services shall have, exercise, and perform the following powers	8491
and duties:	8492

(1) Perform any duties assigned by the state department of	8493
job and family services regarding the provision of public family	8494
services, including the provision of the following services to	8495
prevent or reduce economic or personal dependency and to	8496
strengthen family life:	8497

(a) Services authorized by a Title IV-A of the "Social	8498
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301program, as	8499
amended, and known in this state as the Ohio works first program	8500
established by Chapter 5107. of the Revised Code and the	8501
prevention, retention, and contingency program established under	8502
Chapter 5108.defined in section 5101.80 of the Revised Code;	8503

(b) Social services authorized by Title XX of the "Social	8504
Security Act" and provided for by section 5101.46 of the Revised	8505
Code;	8506

(c) If the county department is designated as the child	8507
support enforcement agency, services authorized by Title IV-D of	8508
the "Social Security Act" and provided for by Chapter 3125. of	8509
the Revised Code. The county department may perform the services	8510
itself or contract with other government entities, and, pursuant	8511
to division (C) of section 2301.35 and section 2301.42 of the	8512
Revised Code, private entities, to perform the Title IV-D	8513
services.	8514

(2) Administer disability assistance under Chapter 5115. of	8515
the Revised Code as required by the state department of job and	8516
family services;	8517

(3) Administer burials insofar as the administration of	8518
burials was, prior to September 12, 1947, imposed upon the board	8519
of county commissioners and if otherwise required by state law;	8520

(4) Cooperate with state and federal authorities in any	8521
matter relating to family services and to act as the agent of such	8522
authorities;	8523

(5) Submit an annual account of its work and expenses to the	8524
board of county commissioners and to the state department of job	8525
and family services at the close of each fiscal year;	8526

(6) Exercise any powers and duties relating to family	8527
services or workforce development activities imposed upon the	8528
county department of job and family services by law, by resolution	8529
of the board of county commissioners, or by order of the governor,	8530
when authorized by law, to meet emergencies during war or peace;	8531

(7) Determine the eligibility for medical assistance of	8532
recipients of aid under Title XVI of the "Social Security Act";	8533

(8) If assigned by the state director of job and family	8534
services under section 5101.515 of the Revised Code, determine	8535
applicants' eligibility for health assistance under the children's	8536
health insurance program part II;	8537

(9) Enter into a plan of cooperation with the board of	8538
county commissioners under section 307.983, consult with the board	8539
in the development of the transportation work plan developed under	8540
section 307.985, establish with the board procedures under section	8541
307.986 for providing services to children whose families relocate	8542
frequently, and comply with the contracts the board enters into	8543
under sections 307.981 and 307.982 of the Revised Code that affect	8544
the county department;	8545

(10) For the purpose of complying with a partnership	8546
agreement the board of county commissioners enters into under	8547
section 307.98 of the Revised Code, exercise the powers and	8548
perform the duties the partnership agreement assigns to the county	8549
department;	8550

(11) If the county department is designated as the workforce	8551
development agency, provide the workforce development activities	8552
specified in the contract required by section 330.05 of the	8553
Revised Code.	8554

(B) The powers and duties of a county department of job and	8555
family services are, and shall be exercised and performed, under	8556
the control and direction of the board of county commissioners.	8557
The board may assign to the county department any power or duty of	8558
the board regarding family services and workforce development	8559
activities. If the new power or duty necessitates the state	8560
department of job and family services changing its federal cost	8561
allocation plan, the county department may not implement the power	8562
or duty unless the United States department of health and human	8563
services approves the changes.	8564

Sec. 329.042.  The county department of job and family	8565
services shall certify public assistance and nonpublic assistance	8566
households eligible under the "Food Stamp Act of 1964," 78 Stat.	8567
703, 7 U.S.C.A. 2011, as amended, and federal and state	8568
regulations adopted pursuant to such act, to enable low-income	8569
households to participate in the food stamp program and thereby to	8570
purchase foods having a greater monetary value than is possible	8571
under public assistance standard allowances or other low-income	8572
budgets.	8573

The county department of job and family services shall	8574
administer the distribution of food stamp couponsbenefits under	8575
the supervision of the department of job and family services. Such	8576
couponsThe benefits shall be distributed by mail in accordance	8577
with sections 5101.541, 5101.542, and 5101.543 of the Revised	8578
Code, or by some alternativea method approved by the department	8579
of job and family services in accordance with the "Food Stamp Act	8580
of 1964," 78 Stat. 703, 7 U.S.C.A. 2011, as amended, and	8581
regulations issued thereunder.	8582

The document referred to as the "authorization-to-participate	8583
card," which shows the face value of the coupon allotmentbenefits	8584
an eligible household is entitled to receive on presentment of the	8585
document, shall be issued, immediately upon certification, to a	8586
household determined under division (C) of section 5101.54 of the	8587
Revised Code to be in immediate need of food assistance by being	8588
personally handed by a member of the staff of the county	8589
department of job and family services to the member of the	8590
household in whose name application was made for participation in	8591
the program or the authorized representative of such member of the	8592
household.	8593

Sec. 5101.19.        Sec. 329.19. (A) Upon determining that a person or	8594
persons are eligible for aid paymentsbenefits or services under	8595
Chapter 5107. or 5115. of the Revised Codeany assistance program	8596
administered by the county department of job and family services,	8597
the county department may issue an identification card shall be	8598
issued to the individual designated to receive warrants for aid	8599
paymentsperson or persons. Such cards may be made up and issued	8600
by the county department of job and family services, or the	8601
department of job and family services may enter into a contract	8602
with any person, corporation, or agency, public or private, to	8603
furnish cards to individuals certified by the county department.	8604
The county department of job and family services shall determine	8605
the card's material, design, and informational content, which	8606
shallmay include a photograph, social security number, name, and	8607
signature, and shall prescribe the procedure by which it is	8608
issued.	8609

(B) Any county department of job and family services which	8610
on July 7, 1972 is furnishing identification cards to individuals	8611
designated to receive warrants for aid payments under Chapter	8612
5107. of the Revised Code, may continue to issue such cards and	8613
may issue identification cards to individuals designated to	8614
receive warrants for aid payments under Chapter 5115. of the	8615
Revised Code under procedures developed by the county, in lieu of	8616
those established under division (A) of this section, provided:	8617

(1) The information borne on the card is substantially the	8618
same as that required in division (A) of this section;	8619

(2) The county complies with any regulations adopted by the	8620
director of job and family services which are applicable to such a	8621
procedure.	8622

(C) The individual designated to receive warrants for aid	8623
payments shall present the identification card issued under this	8624
section as a condition for the acceptance and payment of the	8625
warrants.	8626

In issuing identification cards under this section, the	8627
county department shall comply with any state or federal laws	8628
governing the issuance of the cards. All expenses incurred in	8629
issuing the issuance of identification cards under this section	8630
shall be paid from funds appropriatedavailable to the county	8631
department of job and family servicesfor administrative expenses.	8632

Sec. 339.05.  A board of county hospital trustees may adopt,	8633
annually, bidding procedures and purchasing policies for services	8634
provided through a joint purchasing arrangement sponsored by a	8635
nonprofit organization, and for supplies and equipment, that are	8636
routinely used in the operation of the hospital and that cost in	8637
excess of the amount specified in section 307.86 of the Revised	8638
Code as the amount above which purchases must be competitively	8639
bid. If a board of county hospital trustees adopts suchthose	8640
policies and procedures, and if the board of county commissioners	8641
approves them, the board of county hospital trustees may follow	8642
thesethose policies and procedures in lieu of following the	8643
competitive bidding procedures of sections 307.86 to 307.92 of the	8644
Revised Code.	8645

Sec. 340.02.  As used in this section, "mental health	8646
professional" means a person who is qualified to work with	8647
mentally ill persons, pursuant to minimum standards established by	8648
the director of mental health under section 5119.615119.611 of	8649
the Revised Code.	8650

For each alcohol, drug addiction, and mental health service	8651
district there shall be appointed a board of alcohol, drug	8652
addiction, and mental health services of eighteen members. Members	8653
shall be residents of the district and shall be interested in	8654
mental health programs and facilities or in alcohol or drug	8655
addiction programs.	8656

The director of mental health shall appoint four members of	8657
the board, the director of alcohol and drug addiction services	8658
shall appoint four members, and the board of county commissioners	8659
shall appoint ten members. In a joint-county district the county	8660
commissioners of each participating county shall appoint members	8661
in as nearly as possible the same proportion as that county's	8662
population bears to the total population of the district, except	8663
that at least one member shall be appointed from each	8664
participating county.	8665

The director of mental health shall ensure that at least one	8666
member of the board is a psychiatrist and one member of the board	8667
is a mental health professional. One member of the board may be a	8668
voting member of the citizen's advisory council of an institution	8669
under the control of the department of mental health which serves	8670
a hospital district in which one or more counties in the service	8671
district is located. If the appointment of a psychiatrist is not	8672
possible, as determined under rules adopted by the director, a	8673
licensed physician may be appointed in place of the psychiatrist.	8674
If the appointment of a licensed physician is not possible, the	8675
director of mental health may waive the requirement that the	8676
psychiatrist or licensed physician be a resident of the service	8677
district and appoint a psychiatrist or licensed physician from a	8678
contiguous county. The membership of the board shall, as nearly	8679
as possible, reflect the composition of the population of the	8680
service district as to race and sex. The director of mental health	8681
shall ensure that at least one member of the board is a person who	8682
has received or is receiving mental health services paid for by	8683
public funds and at least one member is a parent or other relative	8684
of such a person.	8685

The director of alcohol and drug addiction services shall	8686
ensure that at least one member of the board is a professional in	8687
the field of alcohol or drug addiction services and one member of	8688
the board is an advocate for persons receiving treatment for	8689
alcohol or drug addiction. Of the members appointed by the	8690
director of alcohol and drug addiction services, at least one	8691
shall be a person who has received or is receiving services for	8692
alcohol or drug addiction and at least one member shall be a	8693
parent or other relative of such a person.	8694

No member or employee of a board of alcohol, drug addiction,	8695
and mental health services shall serve as a member of the board of	8696
any agency with which the board of alcohol, drug addiction, and	8697
mental health services has entered into a contract for the	8698
provision of services or facilities. No member of a board of	8699
alcohol, drug addiction, and mental health services shall be an	8700
employee of any agency with which the board has entered into a	8701
contract for the provision of services or facilities. No person	8702
shall be an employee of a board and such an agency unless the	8703
board and agency both agree in writing.	8704

No person shall serve as a member of the board of alcohol,	8705
drug addiction, and mental health services whose spouse, child,	8706
parent, brother, sister, grandchild, stepparent, stepchild,	8707
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	8708
daughter-in-law, brother-in-law, or sister-in-law serves as a	8709
member of the board of any agency with which the board of alcohol,	8710
drug addiction, and mental health services has entered into a	8711
contract for the provision of services or facilities. No person	8712
shall serve as a member or employee of the board whose spouse,	8713
child, parent, brother, sister, stepparent, stepchild,	8714
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	8715
daughter-in-law, brother-in-law, or sister-in-law serves as a	8716
county commissioner of a county or counties in the alcohol, drug	8717
addiction, and mental health service district.	8718

Each year each board member shall attend at least one	8719
inservice training session provided or approved by the department	8720
of mental health or the department of alcohol and drug addiction	8721
services. Such training sessions shall not be considered to be	8722
regularly scheduled meetings of the board.	8723

Each member shall be appointed for a term of four years,	8724
commencing the first day of July, except that one-third of initial	8725
appointments to a newly established board, and to the extent	8726
possible to expanded boards, shall be for terms of two years,	8727
one-third for terms of three years, and one-third for terms of	8728
four years. No member shall serve more than two consecutive	8729
four-year terms. A member may serve for three consecutive terms	8730
only if one of the terms is for less than two years. A member who	8731
has served two consecutive four-year terms or three consecutive	8732
terms totaling less than ten years is eligible for reappointment	8733
one year following the end of the second or third term,	8734
respectively.	8735

When a vacancy occurs, appointment for the expired or	8736
unexpired term shall be made in the same manner as an original	8737
appointment. The appointing authority shall be notified by	8738
certified mail of any vacancy and shall fill the vacancy within	8739
sixty days following such notice.	8740

Any member of the board may be removed from office by the	8741
appointing authority for neglect of duty, misconduct, or	8742
malfeasance in office, and shall be removed by the appointing	8743
authority if the member's spouse, child, parent, brother, sister,	8744
stepparent, stepchild, stepbrother, stepsister, father-in-law,	8745
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or	8746
sister-in-law serves as a county commissioner of a county or	8747
counties in the service district or serves as a member or employee	8748
of the board of an agency with which the board of alcohol, drug	8749
addiction, and mental health services has entered a contract for	8750
the provision of services or facilities. The member shall be	8751
informed in writing of the charges and afforded an opportunity for	8752
a hearing. Upon the absence of a member within one year from	8753
either four board meetings or from two board meetings without	8754
prior notice, the board shall notify the appointing authority,	8755
which may vacate the appointment and appoint another person to	8756
complete the member's term.	8757

Members of the board shall serve without compensation, but	8758
shall be reimbursed for actual and necessary expenses incurred in	8759
the performance of their official duties, as defined by rules of	8760
the departments of mental health and alcohol and drug addiction	8761
services.	8762

Sec. 340.03.  (A) Subject to rules issued by the director of	8763
mental health after consultation with relevant constituencies as	8764
required by division (A)(11) of section 5119.06 of the Revised	8765
Code, with regard to mental health services, the board of alcohol,	8766
drug addiction, and mental health services shall:	8767

(1) Serve as the community mental health planning agency for	8768
the county or counties under its jurisdiction, and in so doing it	8769
shall:	8770

(a) Evaluate the need for facilities and community mental	8771
health programs and facilitiesservices;	8772

(b) AssessIn cooperation with other local and regional	8773
planning and funding bodies and with relevant ethnic	8774
organizations, assess the community mental health needs, set	8775
priorities, and develop plans for the operation of facilities and	8776
community mental health services and programs, and facilities for	8777
those services and programs, in cooperation with other local and	8778
regional planning and funding bodies and with relevant ethnic	8779
organizations;	8780

(c) In accordance with guidelines issued by the director of	8781
mental health after consultation with board representatives,	8782
develop and submit to the department of mental health, no later	8783
than six months prior to the conclusion of the fiscal year in	8784
which the board's current plan is scheduled to expire, a community	8785
mental health plan listing community mental health needs,	8786
including the needs of all residents of the district now residing	8787
in state mental institutions and severely mentally disabled	8788
adults, children, and adolescents; all children subject to a	8789
determination made pursuant to section 121.38 of the Revised Code;	8790
and all the facilities and community mental health programs and	8791
facilitiesservices that are or will be in operation or provided	8792
during the period for which the plan will be in operation in the	8793
service district to meet such needs.	8794

The plan shall include, but not be limited to, a statement of	8795
which of the services listed in section 340.09 of the Revised Code	8796
the board intends to provide or purchase, an explanation of how	8797
the board intends to make any payments that it may be required to	8798
pay under section 5119.62 of the Revised Code, a statement of the	8799
inpatient and community-based services the board proposes that the	8800
department operate, an assessment of the number and types of	8801
residential facilities needed, and such other information as the	8802
department requests, and a budget for moneys the board expects to	8803
receive. The board shall also submit an allocation request for	8804
state and federal funds. Within sixty days after the department's	8805
determination that the plan and allocation request are complete,	8806
the department shall approve or disapprove the plan and request,	8807
in whole or in part, according to the criteria developed pursuant	8808
to section 5119.61 of the Revised Code. The department's	8809
statement of approval or disapproval shall specify the inpatient	8810
and the community-based services that the department will operate	8811
for the board. Eligibility for financial support shall be	8812
contingent upon an approved plan or relevant part of a plan.	8813

If the director disapproves all or part of any plan, the	8814
director shall inform the board of the reasons for the disapproval	8815
and of the criteria that must be met before the plan may be	8816
approved. The director shall provide the board an opportunity to	8817
present its case on behalf of the plan. The director shall give	8818
the board a reasonable time in which to meet the criteria, and	8819
shall offer the board technical assistance to help it meet the	8820
criteria.	8821

If the approval of a plan remains in dispute thirty days	8822
prior to the conclusion of the fiscal year in which the board's	8823
current plan is scheduled to expire, the board or the director may	8824
request that the dispute be submitted to a mutually agreed upon	8825
third-party mediator with the cost to be shared by the board and	8826
the department. The mediator shall issue to the board and the	8827
department recommendations for resolution of the dispute. Prior to	8828
the conclusion of the fiscal year in which the current plan is	8829
scheduled to expire, the director, taking into consideration the	8830
recommendations of the mediator, shall make a final determination	8831
and approve or disapprove the plan, in whole or in part.	8832

If a board determines that it is necessary to amend a plan or	8833
an allocation request that has been approved under division	8834
(A)(1)(c) of this section, the board shall submit a proposed	8835
amendment to the director. The director may approve or disapprove	8836
all or part of the amendment. If the director does not approve	8837
all or part of the amendment within thirty days after it is	8838
submitted, the amendment or part of it shall be considered to have	8839
been approved. The director shall inform the board of the reasons	8840
for disapproval of all or part of an amendment and of the criteria	8841
that must be met before the amendment may be approved. The	8842
director shall provide the board an opportunity to present its	8843
case on behalf of the amendment. The director shall give the	8844
board a reasonable time in which to meet the criteria, and shall	8845
offer the board technical assistance to help it meet the criteria.	8846

The board shall implement the plan approved by the	8847
department.	8848

(d) Receive, compile, and transmit to the department of	8849
mental health applications for state reimbursement;	8850

(e) Promote, arrange, and implement working agreements with	8851
social agencies, both public and private, and with judicial	8852
agencies.	8853

(2) Investigate, or request another agency to investigate,	8854
any complaint alleging abuse or neglect of any person receiving	8855
services from a community mental health agency as defined in	8856
section 5122.01 of the Revised Code, or from a residential	8857
facility licensed under section 5119.22 of the Revised Code. If	8858
the investigation substantiates the charge of abuse or neglect,	8859
the board shall take whatever action it determines is necessary to	8860
correct the situation, including notification of the appropriate	8861
authorities. Upon request, the board shall provide information	8862
about such investigations to the department.	8863

(3) Review,For the purpose of section 5119.611 of the	8864
Revised Code, cooperate with the director of mental health in	8865
visiting and evaluating whether the services of a community mental	8866
health agency satisfy the certification standards established by	8867
rules adopted under that section;	8868

(4) In accordance with criteria established under division	8869
(G) of section 5119.61 of the Revised Code, review and evaluate,	8870
and conduct program audits forthe quality, effectiveness, and	8871
efficiency of services provided through its community mental	8872
health services, facilities, and agencies seeking federal, state,	8873
or board assistance, review licensure applications pursuant to	8874
section 5119.22 of the Revised Code, and determine if the services	8875
meet minimum standards established pursuant to division (G) of	8876
section 5119.01 of the Revised Codeplan and submit its findings	8877
and recommendations to the department of mental health;	8878

(4)(5) In accordance with section 5119.22 of the Revised	8879
Code, review applications for residential facility licenses and	8880
recommend to the department of mental health approval or	8881
disapproval of applications;	8882

(6) Audit, in accordance with rules adopted by the auditor	8883
of state pursuant to section 117.20 of the Revised Code, at least	8884
annually all programs and services provided under contract with	8885
the board. In so doing, the board may contract for or employ the	8886
services of private auditors. A copy of the fiscal audit report	8887
shall be provided to the director of mental health, the auditor of	8888
state, and the county auditor of each county in the board's	8889
district.	8890

(5)(7) Recruit and promote local financial support for	8891
mental health programs from private and public sources;	8892

(6)(8)(a) Enter into contracts with public and private	8893
facilities for the operation of facility services included in the	8894
board's community mental health plan and enter into contracts with	8895
public and private community mental health agencies for the	8896
provision of community mental health services and facilities	8897
listed in section 340.09 of the Revised Code and included in the	8898
board's community mental health plan. Contracts with community	8899
mental health agencies are subject to section 5119.611 of the	8900
Revised Code. Section 307.86 of the Revised Code does not apply	8901
to contracts entered into under this division. In contracting	8902
with a public or privatecommunity mental health agency, a board	8903
shall consider the cost effectiveness of services provided by that	8904
agency and the quality and continuity of care, and may review cost	8905
elements, including salary costs, of the services to be provided.	8906
A utilization review process shall be established as part of the	8907
contract for services entered into between a board and a public or	8908
privatecommunity mental health agency. The board may establish	8909
this process in a way whichthat is most effective and efficient	8910
in meeting local needs. In the case of a contract with a	8911
community mental health facility described in division (B) of	8912
section 5111.022 of the Revised Code to provide services	8913
established by division (A) of that section, the contract shall	8914
provide for the facility to be paid in accordance with the	8915
contract entered into between the departments of humanjob and	8916
family services and mental health under division (E) of that	8917
section and any rules adopted under division (A) of section	8918
5119.61 of the Revised Code.	8919

If either the board or a facility or community mental health	8920
agency with which itthe board contracts for mental health	8921
services, programs, or facilitiesunder division (A)(8)(a) of this	8922
section proposes not to renew the contract or proposes substantial	8923
changes in contract terms, the other party shall be given written	8924
notice at least one hundred twenty days before the expiration date	8925
of the contract. During the first sixty days of this one hundred	8926
twenty-day period, both parties shall attempt to resolve any	8927
dispute through good faith collaboration and negotiation in order	8928
to continue to provide services to persons in need. If the	8929
dispute has not been resolved sixty days before the expiration	8930
date of the contract, either party may notify the department of	8931
mental health of the unresolved dispute. The director may require	8932
both parties to submit the dispute to a third party with the cost	8933
to be shared by the board and the facility or community mental	8934
health agency. The third party shall issue to the board, the	8935
facility or agency, and the department recommendations on how the	8936
dispute may be resolved twenty days prior to the expiration date	8937
of the contract, unless both parties agree to a time extension.	8938
The director shall adopt rules establishing the procedures of this	8939
dispute resolution process.	8940

(b) With the prior approval of the director of mental	8941
health, a board may operate a facility or provide a community	8942
mental health service, program, or facility as follows, if there	8943
is no other qualified private or public facility or community	8944
mental health agency that is immediately available and willing to	8945
operate such a facility or provide the service, program, or	8946
facility:	8947

(i) In an emergency situation, any board may operate a	8948
facility or provide a community mental health service, program, or	8949
facility in order to provide essential services for the duration	8950
of the emergency;	8951

(ii) In a service district with a population of at least one	8952
hundred thousand but less than five hundred thousand, a board may	8953
operate a facility or provide a community mental health service,	8954
program, or facility for no longer than one year;	8955

(iii) In a service district with a population of less than	8956
one hundred thousand, a board may operate a facility or provide a	8957
community mental health service, program, or facility for no	8958
longer than one year, except that such a board may operate a	8959
facility or provide a community mental health service, program, or	8960
facility for more than one year with the prior approval of the	8961
director and the prior approval of the board of county	8962
commissioners, or of a majority of the boards of county	8963
commissioners if the district is a joint-county district.	8964

The director shall not give a board approval to operate a	8965
facility or provide a community mental health service, program, or	8966
facility under division (A)(6)(8)(b)(ii) or (iii) of this section	8967
unless the director determines that it is not feasible to have the	8968
department operate the facility or provide the service, program,	8969
or facility.	8970

The director shall not give a board approval to operate a	8971
facility or provide a community mental health service, program, or	8972
facility under division (A)(6)(8)(b)(iii) of this section unless	8973
the director determines that the board's service, program, or	8974
facilityboard will provide greater administrative efficiency and	8975
more or better services than would be available if the board	8976
contracted with a private or public facility or community mental	8977
health agency for provision of the services.	8978

The director shall not give a board approval to operate a	8979
mental health service, program, or facility previously operated by	8980
a community mental health agencyperson or other government entity	8981
unless the board has established to the director's satisfaction	8982
that the agencyperson or other government entity cannot	8983
effectively provideoperate the service, program, or facility, or	8984
that the agencyperson or other government entity has requested	8985
the board to take over operation of the service, program, or	8986
facility. The director shall not give a board approval to provide	8987
a community mental health service previously provided by a	8988
community mental health agency unless the board has established to	8989
the director's satisfaction that the agency cannot effectively	8990
provide the service or that the agency has requested the board	8991
take over providing the service.	8992

The director shall review and evaluate thea board's	8993
operation of eacha facility and provision of community mental	8994
health service, program, or facility operated by a board under	8995
division (A)(6)(8)(b) of this section.	8996

Nothing in division (A)(6)(8)(b) of this section authorizes a	8997
board to administer or direct the daily operation of any facility	8998
or community mental health agency, but ana facility or agency may	8999
contract with a board to receive administrative services or staff	9000
direction from the board under the direction of the governing body	9001
of the facility or agency.	9002

(7)(9) Approve fee schedules and related charges or adopt a	9003
unit cost schedule or other methods of payment for contract	9004
services provided by community mental health agencies in	9005
accordance with guidelines issued by the department as necessary	9006
to comply with state and federal laws pertaining to financial	9007
assistance;	9008

(8)(10) Submit to the director and the county commissioners	9009
of the county or counties served by the board, and make available	9010
to the public, an annual report of the programs under the	9011
jurisdiction of the board, including a fiscal accounting;	9012

(9)(11) Establish, to the extent resources are available, a	9013
community support system, which provides for treatment, support,	9014
and rehabilitation services and opportunities. The essential	9015
elements of the system include, but are not limited to, the	9016
following components in accordance with section 5119.06 of the	9017
Revised Code:	9018

(a) To locate persons in need of mental health services to	9019
inform them of available services and benefits mechanisms;	9020

(b) Assistance for clients to obtain services necessary to	9021
meet basic human needs for food, clothing, shelter, medical care,	9022
personal safety, and income;	9023

(c) Mental health care, including, but not limited to,	9024
outpatient, partial hospitalization, and, where appropriate,	9025
inpatient care;	9026

(d) Emergency services and crisis intervention;

9027

(e) Assistance for clients to obtain vocational services and	9028
opportunities for jobs;	9029

(f) The provision of services designed to develop social,	9030
community, and personal living skills;	9031

(g) Access to a wide range of housing and the provision of	9032
residential treatment and support;	9033

(h) Support, assistance, consultation, and education for	9034
families, friends, consumers of mental health services, and	9035
others;	9036

(i) Recognition and encouragement of families, friends,	9037
neighborhood networks, especially networks that include racial and	9038
ethnic minorities, churches, community organizations, and	9039
meaningful employment as natural supports for consumers of mental	9040
health services;	9041

(j) Grievance procedures and protection of the rights of	9042
consumers of mental health services;	9043

(k) Case management, which includes continual individualized	9044
assistance and advocacy to ensure that needed services are offered	9045
and procured.	9046

(10)(12) Designate the treatment program, agency, or	9047
facility for each person involuntarily committed to the board	9048
pursuant to Chapter 5122. of the Revised Code and authorize	9049
payment for such treatment. The board shall provide the least	9050
restrictive and most appropriate alternative that is available for	9051
any person involuntarily committed to it and shall assure that the	9052
services listed in section 340.09 of the Revised Code are	9053
available to severely mentally disabled persons residing within	9054
its service district. The board shall establish the procedure for	9055
authorizing payment for services, which may include prior	9056
authorization in appropriate circumstances. The board may provide	9057
for services directly to a severely mentally disabled person when	9058
life or safety is endangered and when no community mental health	9059
agency is available to provide the service.	9060

(11)(13) Establish a method for evaluating referrals for	9061
involuntary commitment and affidavits filed pursuant to section	9062
5122.11 of the Revised Code in order to assist the probate	9063
division of the court of common pleas in determining whether there	9064
is probable cause that a respondent is subject to involuntary	9065
hospitalization and what alternative treatment is available and	9066
appropriate, if any.;	9067

(12)(14) Ensure that apartments or rooms built, subsidized,	9068
renovated, rented, owned, or leased by the board or a community	9069
mental health agency have been approved as meeting minimum fire	9070
safety standards and that persons residing in the rooms or	9071
apartments are receiving appropriate and necessary services,	9072
including culturally relevant services, from a community mental	9073
health agency. This division does not apply to residential	9074
facilities licensed pursuant to section 5119.22 of the Revised	9075
Code.	9076

(13)(15) Establish a mechanism for involvement of consumer	9077
recommendation and advice on matters pertaining to mental health	9078
services in the alcohol, drug addiction, and mental health service	9079
district;	9080

(14)(16) Perform the duties under section 3722.18 of the	9081
Revised Code required by rules adopted under section 5119.61 of	9082
the Revised Code regarding referrals by the board or mental health	9083
agencies under contract with the board of individuals with mental	9084
illness or severe mental disability to adult care facilities and	9085
effective arrangements for ongoing mental health services for the	9086
individuals. The board is accountable in the manner specified in	9087
the rules for ensuring that the ongoing mental health services are	9088
effectively arranged for the individuals.	9089

(B) The board shall establish such rules, operating	9090
procedures, standards, and bylaws, and perform such other duties	9091
as may be necessary or proper to carry out the purposes of this	9092
chapter.	9093

(C) A board of alcohol, drug addiction, and mental health	9094
services may receive by gift, grant, devise, or bequest any	9095
moneys, lands, or property for the benefit of the purposes for	9096
which the board is established, and may hold and apply it	9097
according to the terms of the gift, grant, or bequest. All money	9098
received, including accrued interest, by gift, grant, or bequest	9099
shall be deposited in the treasury of the county, the treasurer of	9100
which is custodian of the alcohol, drug addiction, and mental	9101
health services funds to the credit of the board and shall be	9102
available for use by the board for purposes stated by the donor or	9103
grantor.	9104

(D) No board member or employee of a board of alcohol, drug	9105
addiction, and mental health services shall be liable for injury	9106
or damages caused by any action or inaction taken within the scope	9107
of the board member's official duties or the employee's	9108
employment, whether or not such action or inaction is expressly	9109
authorized by this section, section 340.033, or any other section	9110
of the Revised Code, unless such action or inaction constitutes	9111
willful or wanton misconduct. Chapter 2744. of the Revised Code	9112
applies to any action or inaction by a board member or employee of	9113
a board taken within the scope of the board member's official	9114
duties or employee's employment. For the purposes of this	9115
division, the conduct of a board member or employee shall not be	9116
considered willful or wanton misconduct if the board member or	9117
employee acted in good faith and in a manner that the board member	9118
or employee reasonably believed was in or was not opposed to the	9119
best interests of the board and, with respect to any criminal	9120
action or proceeding, had no reasonable cause to believe the	9121
conduct was unlawful.	9122

(E) The meetings held by any committee established by a	9123
board of alcohol, drug addiction, and mental health services shall	9124
be considered to be meetings of a public body subject to section	9125
121.22 of the Revised Code.	9126

Sec. 340.08.  The community mental health plan prepared	9127
pursuant to division (A)(3)(1)(c) of section 340.03 of the Revised	9128
Code constitutes an application for funds from the department of	9129
mental health. The director of mental health shall distribute	9130
funds to the board pursuant to section 5119.62 of the Revised	9131
Code. The director shall review the budgets and expenditures of	9132
the various facilities,and community mental health agencies, and	9133
programs receiving funds periodically during the year. The	9134
director may charge against the county or counties any overpayment	9135
of state funds allocated to the program, and the county or	9136
counties shall reimburse the treasurer of state the amount of the	9137
overpayment if the overpayment exceeds the total moneys allocated	9138
to but not yet received by the county or counties.	9139

Sec. 340.091.  Each board of alcohol, drug addiction, and	9140
mental health services shall contract with a community mental	9141
health agency under division (A)(6)(8)(a) of section 340.03 of the	9142
Revised Code for the agency to do all of the following in	9143
accordance with rules adopted under section 5119.61 of the Revised	9144
Code for an individual referred to the agency under division	9145
(C)(2) of section 173.35 of the Revised Code:	9146

(A) Assess the individual to determine whether to recommend	9147
that a PASSPORT administrative agency determine that the	9148
environment in which the individual will be living while receiving	9149
residential state supplement payments is appropriate for the	9150
individual's needs and, if it determines the environment is	9151
appropriate, issue the recommendation to the PASSPORT	9152
administrative agency;	9153

(B) Provide ongoing monitoring to ensure that services	9154
provided under section 340.09 of the Revised Code are available to	9155
the individual;	9156

(C) Provide discharge planning to ensure the individual's	9157
earliest possible transition to a less restrictive environment.	9158

Sec. 340.16. Not later than ninety days after the effective	9159
date of this section, the department of mental health and the	9160
department of job and family services shall adopt rules that	9161
establish requirements and procedures for prior notification and	9162
service coordination between public children services agencies and	9163
boards of alcohol, drug addiction, and mental health services when	9164
a public children services agency refers a child in its custody to	9165
a board for services funded by the board. The rules shall be	9166
adopted in accordance with Chapter 119. of the Revised Code.	9167

The department of mental health and department of job and	9168
family services shall collaborate in formulating a plan that	9169
delineates the funding responsibilities of public children	9170
services agencies and boards of alcohol, drug addiction, and	9171
mental health services for services provided under section	9172
5111.022 of the Revised Code to children in the custody of public	9173
children services agencies. The departments shall complete the	9174
plan not later than ninety days after the effective date of this	9175
section.	9176

Sec. 349.01.  As used in this chapter:

9177

(A) "New community" means a community or an addition to an	9178
existing community planned pursuant to this chapter so that it	9179
includes facilities for the conduct of industrial, commercial,	9180
residential, cultural, educational, and recreational activities,	9181
and designed in accordance with planning concepts for the	9182
placement of utility, open space, and other supportive facilities.	9183

(B) "New community development program" means a program for	9184
the development of a new community characterized by well-balanced	9185
and diversified land use patterns and which includes land	9186
acquisition and land development, the acquisition, construction,	9187
operation, and maintenance of community facilities, and the	9188
provision of services authorized in sections 349.01 to 349.16 of	9189
the Revised Codethis chapter.	9190

(C) "New community district" means the area of land described	9191
by the developer in the petition as set forth in division (A) of	9192
section 349.03 of the Revised Code for development as a new	9193
community and any lands added to suchthe district by amendment of	9194
the resolution establishing the community authority.	9195

(D) "New community authority" means a body corporate and	9196
politic in this state, established pursuant to section 349.03 of	9197
the Revised Code and governed by a board of trustees as provided	9198
in section 349.04 of the Revised Code.	9199

(E) "Developer" means any person, organized for carrying out	9200
a new community development program who owns or controls, through	9201
leases of at least seventy-five years' duration, options, or	9202
contracts to purchase, the land within a new community district,	9203
or any municipalitymunicipal corporation, county, or port	9204
authority that owns the land within a new community district, or	9205
has the ability to acquire such land, either by voluntary	9206
acquisition or condemnation in order to eliminate slum, blighted,	9207
and deteriorated or deteriorating areas and to prevent the	9208
recurrence thereof.	9209

(F) "Organizational board of commissioners" means, if the new	9210
community district is located in only one county, the board of	9211
county commissioners of such county; if located in more than one	9212
county, a board consisting of the members of the board of county	9213
commissioners of each of the counties in which the district is	9214
located, provided that action of such board shall require a	9215
majority vote of the members of each separate board of county	9216
commissioners; or, if more than half of the new community district	9217
is located within the boundaries of the most populous municipal	9218
corporation of a county, the legislative authority of the	9219
municipal corporation.	9220

(G) "Land acquisition" means the acquisition of real property	9221
and interests in real property as part of a new community	9222
development program.	9223

(H) "Land development" means the process of clearing and	9224
grading land, making, installing, or constructing water	9225
distribution systems, sewers, sewage collection systems, steam,	9226
gas, and electric lines, roads, streets, curbs, gutters,	9227
sidewalks, storm drainage facilities, and other installations or	9228
work, whether within or without the new community district, and	9229
the construction of community facilities.	9230

(I) "Community facilities" means all real property,	9231
buildings, structures, or other facilities, including related	9232
fixtures, equipment, and furnishings, to be owned, operated,	9233
financed, constructed, and maintained under this chapter,	9234
including public, community, village, neighborhood, or town	9235
buildings, centers and plazas, auditoriums, day care centers,	9236
recreation halls, educational facilities, hospital facilities as	9237
defined in section 140.01 of the Revised Code, recreational	9238
facilities, natural resource facilities, including parks and other	9239
open space land, lakes and streams, cultural facilities, community	9240
streets, pathway and bikeway systems, pedestrian underpasses and	9241
overpasses, lighting facilities, design amenities, or other	9242
community facilities, and buildings needed in connection with	9243
water supply or sewage disposal installations or steam, gas, or	9244
electric lines or installation.	9245

(J) "Cost" as applied to a new community development program	9246
means all costs related to land acquisition and land development,	9247
the acquisition, construction, maintenance, and operation of	9248
community facilities and offices of the community authority, and	9249
of providing furnishings and equipment therefor, financing charges	9250
including interest prior to and during construction and for the	9251
duration of the new community development program, planning	9252
expenses, engineering expenses, administrative expenses including	9253
working capital, and all other expenses necessary and incident to	9254
the carrying forward of the new community development program.	9255

(K) "Income source" means any and all sources of income to	9256
the community authority, including community development charges	9257
of which the new community authority is the beneficiary as	9258
provided in section 349.07 of the Revised Code, rentals, user fees	9259
and other charges received by the new community authority, any	9260
gift or grant received, any moneys received from any funds	9261
invested by or on behalf of the new community authority, and	9262
proceeds from the sale or lease of land and community facilities.	9263

(L) "Community development charge" means a dollar amount	9264
which shall be determined on the basis of the assessed valuation	9265
of real property or interests in real property in a new community	9266
district sold, leased, or otherwise conveyed by the developer or	9267
the new community authority, the income of the residents of such	9268
property subject to such charge under section 349.07 of the	9269
Revised Code, if such property is devoted to residential uses or	9270
to the profits of any business, a uniform fee on each parcel of	9271
such real property originally sold, leased, or otherwise conveyed	9272
by the developer or new community authority, or any combination of	9273
the foregoing bases.	9274

(M) "Proximate city" means any city that, as of the date of	9275
filing of the petition under section 349.03 of the Revised Code,	9276
is the most populous city of the county in which the proposed new	9277
community district is located, is the most populous city of an	9278
adjoining county if any portion of such city is within five miles	9279
of any part of the boundaries of such district, or exercises	9280
extraterritorial subdivision authority under section 711.09 of the	9281
Revised Code with respect to any part of such district.	9282

Sec. 503.162.  (A) After certification of a resolution as	9283
provided in section 503.161 of the Revised Code, the board of	9284
elections shall submit the question of whether the township's name	9285
shall be changed to the electors of the unincorporated area of the	9286
township in accordance with division (C) of that section, and the	9287
ballot language shall be substantially as follows:	9288

"Shall the township of .......... (name) change its name to	9289
........ (proposed name)?	9290

.......... For name change

9291

.......... Against name change"

9292

(B) At least forty-five days before the election on this	9293
question, the board of township trustees shall provide notice of	9294
the election and an explanation of the proposed name change in a	9295
newspaper of general circulation in the township for three	9296
consecutive weeks and shall post the notice and explanation in	9297
five conspicuous places in the unincorporated area of the	9298
township.	9299

(C) If a majority of the votes cast on the proposition of	9300
changing the township's name is in the affirmative, the name	9301
change is adopted and becomes effective ninety days after the	9302
board of elections certifies the election results to the clerk of	9303
the township. Upon receipt of the certification of the election	9304
results from the board of elections, the clerk of the township	9305
shall send a copy of that certification to the secretary of state	9306
and to the state and local government commission of Ohio.	9307

(D) A change in the name of a township shall not alter the	9308
rights or liabilities of the township as previously named.	9309

Sec. 504.03.  (A)(1) If a limited home rule government is	9310
adopted pursuant to section 504.02 of the Revised Code, it shall	9311
remain in effect for at least three years except as otherwise	9312
provided in division (B) of this section. At the end of that	9313
period, if the board of township trustees determines that that	9314
government is not in the best interests of the township, it may	9315
adopt a resolution causing the board of elections to submit to the	9316
electors of the unincorporated area of the township the question	9317
of whether the township should continue the limited home rule	9318
government. The question shall be voted upon at the next general	9319
election occurring at least seventy-five days after the	9320
certification of the resolution to the board of elections. After	9321
certification of the resolution, the board of elections shall	9322
submit the question to the electors of the unincorporated area of	9323
the township, and the ballot language shall be substantially as	9324
follows:	9325

"Shall the township of ........... (name) continue the	9326
limited home rule government under which it is operating?	9327

(2) At least forty-five days before the election on the	9330
question of continuing the limited home rule government, the board	9331
of township trustees shall have notice of the election published	9332
in a newspaper of general circulation in the township for three	9333
consecutive weeks and have the notice posted in five conspicuous	9334
places in the unincorporated area of the township.	9335

(B) The electors of a township that has adopted a limited	9336
home rule government may propose at any time by initiative	9337
petition, in accordance with section 504.14 of the Revised Code, a	9338
resolution submitting to the electors in the unincorporated area	9339
of the township, in an election, the question set forth in	9340
division (A)(1) of this section.	9341

(C) If a majority of the votes cast under division (A) or	9342
(B) of this section on the proposition of continuing the limited	9343
home rule government is in the negative, that government is	9344
terminated effective on the first day of January immediately	9345
following the election, and a limited home rule government shall	9346
not be adopted in the unincorporated area of the township pursuant	9347
to section 504.02 of the Revised Code for at least three years	9348
after that date.	9349

(D) If a limited home rule government is terminated pursuant	9350
tounder this section, the board of township trustees immediately	9351
shall adopt a resolution repealing all resolutions adopted	9352
pursuant to this chapter that are not authorized by any other	9353
section of the Revised Code outside this chapter, effective on the	9354
first day of January immediately following the election described	9355
in division (A) or (B) of this section. However, no resolution	9356
adopted under this division shall affect or impair the obligations	9357
of the township under any security issued or contracts entered	9358
into by the township in connection with the financing of any water	9359
supply facility or sewer improvement under sections 504.18 to	9360
504.20 of the Revised Code or the authority of the township to	9361
collect or enforce any assessments or other revenues constituting	9362
security for or source of payments of debt service charges of	9363
those securities.	9364

(E) Upon the termination of a limited home rule government	9365
under this section, if the township had converted its board of	9366
township trustees to a five-member board under section 504.21 of	9367
the Revised Code, the current board member who received the lowest	9368
number of votes of the current board members who were elected at	9369
the most recent election for township trustees, and the current	9370
board member who received the lowest number of votes of the	9371
current board members who were elected at the second most recent	9372
election for township trustees, shall cease to be township	9373
trustees on the date that the limited home rule government	9374
terminates. Their offices likewise shall cease to exist at that	9375
time, and the board shall continue as a three-member board as	9376
provided in section 505.01 of the Revised Code.	9377

Sec. 504.04.  (A) A township that adopts a limited home rule	9378
government may do all of the following by resolution, provided	9379
that any of these resolutions, other than a resolution to supply	9380
water or sewer services in accordance with sections 504.18 to	9381
504.20 of the Revised Code, may be enforced only by the imposition	9382
of civil fines as authorized in this chapter:	9383

(1) Exercise all powers of local self-government within the	9384
unincorporated area of the township, other than powers that are in	9385
conflict with general laws, except that the township shall comply	9386
with the requirements and prohibitions of this chapter, and shall	9387
enact no taxes other than those authorized by general law, and	9388
except that no resolution adopted pursuant to this chapter shall	9389
encroach upon the powers, duties, and privileges of elected	9390
township officers or change, alter, combine, eliminate, or	9391
otherwise modify the form or structure of the township government	9392
unless the change is required or permitted by this chapter;	9393

(2) Adopt and enforce within the unincorporated area of the	9394
township local police, sanitary, and other similar regulations	9395
that are not in conflict with general laws or otherwise prohibited	9396
by division (B) of this section;	9397

(3) Supply water and sewer services to users within the	9398
unincorporated area of the township in accordance with sections	9399
504.18 to 504.20 of the Revised Code.	9400

(B) No resolution adopted pursuant to this chapter shall do	9401
any of the following:	9402

(1) Create a criminal offense or impose criminal penalties,	9403
except as authorized by division (A) of this section;	9404

(2) Impose civil fines other than as authorized by this	9405
chapter;	9406

(3) Establish or revise subdivision regulations, road	9407
construction standards, urban sediment rules, or storm water and	9408
drainage regulations;	9409

(4) Establish or revise building standards, building codes,	9410
and other standard codes except as provided in section 504.13 of	9411
the Revised Code;	9412

(5) Increase, decrease, or otherwise alter the powers or	9413
duties of a township under any other chapter of the Revised Code	9414
pertaining to agriculture or the conservation or development of	9415
natural resources;	9416

(6) Establish regulations affecting hunting, trapping,	9417
fishing, or the possession, use, or sale of firearms;	9418

(7) Establish or revise water or sewer regulations, except	9419
in accordance with sections 504.18 and 504.19 of the Revised Code.	9420

Nothing in this chapter shall be construed as affecting the	9421
powers of counties with regard to the subjects listed in divisions	9422
(B)(3) to (5) of this section.	9423

(C) Under a limited home rule government, all officers shall	9424
have the qualifications, and be nominated, elected, or appointed,	9425
as provided in Chapter 505. of the Revised Code, except that the	9426
board of township trustees shall appoint a full-time or part-time	9427
law director pursuant to section 504.15 of the Revised Code, and	9428
except that section 504.21 of the Revised Code also shall apply if	9429
a five-member board of township trustees is approved for the	9430
township.	9431

(D) In case of conflict between resolutions enacted by a	9432
board of township trustees and municipal ordinances or	9433
resolutions, the ordinance or resolution enacted by the municipal	9434
corporation prevails. In case of conflict between resolutions	9435
enacted by a board of township trustees and any county resolution,	9436
the resolution enacted by the board of township trustees prevails.	9437

Sec. 504.21. (A) By a unanimous vote, the board of township	9438
trustees of a limited home rule township may pass a resolution to	9439
place on the ballot at the next general election described in this	9440
division the question of whether the board should be converted	9441
to a five-member board. Upon passage of the resolution, the	9442
question shall be voted upon at the next general election	9443
occurring at least seventy-five days after the board certifies	9444
the resolution to the board of elections.	9445

(B) If a majority of the votes cast on the question of	9446
converting the board of township trustees to a five-member board	9447
is in the affirmative, at the next election at which any members	9448
of the board are elected, two additional board members shall be	9449
elected, one for a four-year term of office and the other for a	9450
two-year term of office. Their successors thereafter shall be	9451
elected for four-year terms of office.	9452

(C) If a board of township trustees is converted to a	9453
five-member board, the board members shall be elected by	9454
determining which individuals receive the highest number of votes	9455
from a slate of candidates running for the office of township	9456
trustee. If the first election after a township converts its	9457
board of township trustees to a five-member board is an election	9458
for three four-year term members and one two-year term member, the	9459
three candidates who receive the highest number of votes from the	9460
slate of candidates for township trustee shall serve a four-year	9461
term and the candidate who receives the fourth highest number of	9462
votes from that slate of candidates shall serve a two-year term.	9463

Sec. 505.24.  Each township trustee is entitled to	9464
compensation as follows:	9465

(A) Except as otherwise provided in division (B) of this	9466
section, an amount for each day of service in the business of the	9467
township, to be paid from the township treasury as follows:	9468

(1) In townships having a budget of fifty thousand dollars	9469
or less, twenty dollars per day for not more than two hundred	9470
days;	9471

(2) In townships having a budget of more than fifty thousand	9472
but not more than one hundred thousand dollars, twenty-four	9473
dollars per day for not more than two hundred days;	9474

(3) In townships having a budget of more than one hundred	9475
thousand but not more than two hundred fifty thousand dollars,	9476
twenty-eight dollars and fifty cents per day for not more than two	9477
hundred days;	9478

(4) In townships having a budget of more than two hundred	9479
fifty thousand but not more than five hundred thousand dollars,	9480
thirty-three dollars per day for not more than two hundred days;	9481

(5) In townships having a budget of more than five hundred	9482
thousand but not more than seven hundred fifty thousand dollars,	9483
thirty-five dollars per day for not more than two hundred days;	9484

(6) In townships having a budget of more than seven hundred	9485
fifty thousand but not more than one million five hundred thousand	9486
dollars, forty dollars per day for not more than two hundred days;	9487

(7) In townships having a budget of more than one million	9488
five hundred thousand but not more than three million five hundred	9489
thousand dollars, forty-four dollars per day for not more than two	9490
hundred days;	9491

(8) In townships having a budget of more than three million	9492
five hundred thousand dollars but not more than six million	9493
dollars, forty-eight dollars per day for not more than two hundred	9494
days;	9495

(9) In townships having a budget of more than six million	9496
dollars, fifty-two dollars per day for not more than two hundred	9497
days.	9498

(B) Beginning in calendar year 1999, the amounts paid as	9499
specified in division (A) of this section shall be replaced by the	9500
following amounts:	9501

(1) In calendar year 1999, the amounts specified in division	9502
(A) of this section increased by three per cent;	9503

(2) In calendar year 2000, the amounts determined under	9504
division (B)(1) of this section increased by three per cent;	9505

(3) In calendar year 2001, the amounts determined under	9506
division (B)(2) of this section increased by three per cent;	9507

(4) In calendar year 2002, except in townships having a	9508
budget of more than six million dollars, the amounts determined	9509
under division (B)(3) of this section increased by three per cent;	9510
in townships having a budget of more than six million but not more	9511
than ten million dollars, seventy dollars per day for not more	9512
than two hundred days; and in townships having a budget of more	9513
than ten million dollars, ninety dollars per day for not more than	9514
two hundred days;	9515

(5) In calendar years 2003 through 2008, the amounts	9516
determined under division (B) of this section for the immediately	9517
preceding calendar year increased by the lesser of the following:	9518

(a) Three per cent;

9519

(b) The percentage increase, if any, in the consumer price	9520
index over the twelve-month period that ends on the thirtieth day	9521
of September of the immediately preceding calendar year, rounded	9522
to the nearest one-tenth of one per cent;	9523

(6) In calendar year 2009 and thereafter, the amount	9524
determined under division (B) of this section for calendar year	9525
2008.	9526

As used in division (B) of this section, "consumer price	9527
index" has the same meaning as in section 325.18 of the Revised	9528
Code.	9529

(C) Whenever members of a board of township trustees are	9530
compensated per diem and not by annual salary, the board shall	9531
establish, by resolution, a method by which each member of the	9532
board shall periodically notify the township clerk of the number	9533
of days spent in the service of the township and the kinds of	9534
services rendered on those days. The per diem compensation shall	9535
be paid from the township general fund or from other township	9536
funds in such proportions as the kinds of services performed may	9537
require. The notice shall be filed with the township clerk and	9538
preserved for inspection by any persons interested.	9539

By unanimous vote, a board of township trustees may adopt a	9540
method of compensation consisting of an annual salary to be paid	9541
in equal monthly payments. If the office of trustee is held by	9542
more than one person during any calendar year, each person holding	9543
the office shall receive payments for only those months, and any	9544
fractions of those months, during which the person holds the	9545
office. The amount of the annual salary approved by the board	9546
shall be no more than the maximum amount that could be received	9547
annually by a trustee if the trustee were paid on a per diem basis	9548
as specified in this division, and shall be paid from the township	9549
general fund or from other township funds in such proportions as	9550
the board may specify by resolution. A board of township trustees	9551
that has adopted a salary method of compensation may return to a	9552
method of compensation on a per diem basis as specified in this	9553
division by a majority vote. Any change in the method of	9554
compensation shall be effective on the first day of January of the	9555
year following the year during which the board has voted to change	9556
the method of compensation.	9557

Sec. 507.09.  (A) Except as otherwise provided in division	9558
(D) of this section, the township clerk shall be entitled to	9559
compensation as follows:	9560

(1) In townships having a budget of fifty thousand dollars	9561
or less, three thousand five hundred dollars;	9562

(2) In townships having a budget of more than fifty thousand	9563
but not more than one hundred thousand dollars, five thousand five	9564
hundred dollars;	9565

(3) In townships having a budget of more than one hundred	9566
thousand but not more than two hundred fifty thousand dollars,	9567
seven thousand seven hundred dollars;	9568

(4) In townships having a budget of more than two hundred	9569
fifty thousand but not more than five hundred thousand dollars,	9570
nine thousand nine hundred dollars;	9571

(5) In townships having a budget of more than five hundred	9572
thousand but not more than seven hundred fifty thousand dollars,	9573
eleven thousand dollars;	9574

(6) In townships having a budget of more than seven hundred	9575
fifty thousand but not more than one million five hundred thousand	9576
dollars, thirteen thousand two hundred dollars;	9577

(7) In townships having a budget of more than one million	9578
five hundred thousand but not more than three million five hundred	9579
thousand dollars, fifteen thousand four hundred dollars;	9580

(8) In townships having a budget of more than three million	9581
five hundred thousand dollars but not more than six million	9582
dollars, sixteen thousand five hundred dollars;	9583

(9) In townships having a budget of more than six million	9584
dollars, seventeen thousand six hundred dollars.	9585

(B) Any township clerk may elect to receive less than the	9586
compensation the clerk is entitled to under division (A) of this	9587
section. Any clerk electing to do this shall so notify the board	9588
of township trustees in writing, and the board shall include this	9589
notice in the minutes of its next board meeting.	9590

(C) The compensation of the township clerk shall be paid in	9591
equal monthly payments. If the office of clerk is held by more	9592
than one person during any calendar year, each person holding the	9593
office shall receive payments for only those months, and any	9594
fractions of those months, during which the person holds the	9595
office.	9596

(D) Beginning in calendar year 1999, the township clerk	9597
shall be entitled to compensation as follows:	9598

(1) In calendar year 1999, the compensation specified in	9599
division (A) of this section increased by three per cent;	9600

(2) In calendar year 2000, the compensation determined under	9601
division (D)(1) of this section increased by three per cent;	9602

(3) In calendar year 2001, the compensation determined under	9603
division (D)(2) of this section increased by three per cent;	9604

(4) In calendar year 2002, except in townships having a	9605
budget of more than six million dollars, the compensation	9606
determined under division (D)(3) of this section increased by	9607
three per cent; in townships having a budget of more than six	9608
million but not more than ten million dollars, nineteen thousand	9609
eight hundred ten dollars; and in townships having a budget of	9610
more than ten million dollars, twenty thousand nine hundred	9611
dollars;	9612

(5) In calendar years 2003 through 2008, the compensation	9613
determined under division (D) of this section for the immediately	9614
preceding calendar year increased by the lesser of the following:	9615

(a) Three per cent;

9616

(b) The percentage increase, if any, in the consumer price	9617
index over the twelve-month period that ends on the thirtieth day	9618
of September of the immediately preceding calendar year, rounded	9619
to the nearest one-tenth of one per cent;	9620

(6) In calendar year 2009 and thereafter, the amount	9621
determined under division (D) of this section for calendar year	9622
2008.	9623

As used in this division, "consumer price index" has the same	9624
meaning as in section 325.18 of the Revised Code.	9625

Sec. 737.03.  The director of public safety shall manage, and	9626
make all contracts with reference to the police stations, fire	9627
houses, reform schools, infirmaries, hospitals, workhouses, farms,	9628
pesthouses, and all other charitable and reformatory institutions.	9629
In the control and supervision of suchthose institutions, the	9630
director shall be governed by the provisions of Title VII of the	9631
Revised Code relating to suchthose institutions.	9632

SuchThe director may make all contracts and expenditures of	9633
money for acquiring lands for the erection or repairing of station	9634
houses, police stations, fire department buildings, fire cisterns,	9635
and plugs, that are required, for the purchase of engines,	9636
apparatus, and all other supplies necessary for the police and	9637
fire departments, and for other undertakings and departments under	9638
histhe director's supervision, but no obligation involving an	9639
expenditure of more than tenfifteen thousand dollars shall be	9640
created unless first authorized and directed by ordinance. In	9641
making, altering, or modifying suchthose contracts, the director	9642
shall be governed by sections 735.05 to 735.09 of the Revised	9643
Code, except that all bids shall be filed with and opened by such	9644
the director. HeThe director shall make no sale or disposition of	9645
any property belonging to the city without first being authorized	9646
by resolution or ordinance of the city legislative authority.	9647

Sec. 901.43.  (A) The director of agriculture may authorize	9648
any department of agriculture laboratory to perform a laboratory	9649
service for any person, organization, political subdivision, state	9650
agency, federal agency, or other entity, whether public or	9651
private. The director shall adopt and enforce rules to provide	9652
for the rendering of a laboratory service.	9653

(B) The director may charge a reasonable fee for the	9654
performance of a laboratory service, except when the service is	9655
performed on an official sample taken by the director acting	9656
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the	9657
Revised Code; by a board of health acting as the licensor of	9658
retail food establishments or food service operations under	9659
Chapter 3717. of the Revised Code; or by the director of health	9660
acting as the licensor of food service operations under Chapter	9661
3717. of the Revised Code. The director of agriculture shall	9662
adopt rules specifying what constitutes an official sample.	9663

The director shall publish a list of laboratory services	9664
offered, together with the fee for each service.	9665

(C) The director may enter into a contract with any person,	9666
organization, political subdivision, state agency, federal agency,	9667
or other entity for the provision of a laboratory service.	9668

(D)(1) The director may adopt rules establishing standards	9669
for accreditation of laboratories and laboratory services and in	9670
doing so may adopt by reference existing or recognized standards	9671
or practices.	9672

(2) The director may inspect and accredit laboratories and	9673
laboratory services, and may charge a reasonable fee for the	9674
inspections and accreditation.	9675

(E)(1) All moneys collected by the director under this	9676
section that are from fees generated by a laboratory service	9677
performed by the department and related to the diseases of	9678
animals, and all moneys so collected that are from fees generated	9679
for the inspection and accreditation of laboratories and	9680
laboratory services related to the diseases of animals, shall be	9681
deposited in the animal industry laboratory fund, which is hereby	9682
created in the state treasury. The director shall use the moneys	9683
in the animal industry laboratory fund to pay the expenses	9684
necessary to operate the animal industry laboratory, including the	9685
purchase of supplies and equipment for the laboratory that	9686
provides laboratory services related to the diseases of animals.	9687

(2) All moneys collected by the director under this section	9688
that are from fees generated by a laboratory service performed by	9689
the consumer analytical laboratory, and all moneys so collected	9690
that are from fees generated for the inspection and accreditation	9691
of laboratories and laboratory services not related to weights and	9692
measures or the diseases of animals, shall be deposited in the	9693
laboratory services fund, which is hereby created in the state	9694
treasury. The moneys held in the fund may be used to pay the	9695
expenses necessary to operate the consumer analytical laboratory,	9696
including the purchase of supplies and equipment.	9697

(3) All moneys collected by the director under this section	9698
that are from fees generated by a laboratory service performed by	9699
the weights and measures laboratory, and all moneys so collected	9700
that are from fees generated for the inspection and accreditation	9701
of laboratories and laboratory services related to weights and	9702
measures, shall be deposited in the weights and measures	9703
laboratory fund, which is hereby created in the state treasury.	9704
The moneys held in the fund may be used to pay the expenses	9705
necessary to operate the division of weights and measures,	9706
including the purchase of supplies and equipment.	9707

Sec. 901.63.  (A) The agricultural financing commission	9708
shall do both of the following until July 1, 20012003:	9709

(1) Make recommendations to the director of agriculture	9710
about financial assistance applications made pursuant to sections	9711
901.80 to 901.83 of the Revised Code. In making its	9712
recommendations, the commission shall utilize criteria established	9713
by rules adopted under division (A)(8)(b) of section 901.82 of the	9714
Revised Code.	9715

(2) Advise the director in the administration of sections	9716
901.80 to 901.83 of the Revised Code.	9717

With respect to sections 901.80 to 901.83 of the Revised	9718
Code, the role of the commission is solely advisory. No officer,	9719
member, or employee of the commission is liable for damages in a	9720
civil action for any injury, death, or loss to person or property	9721
that allegedly arises out of purchasing any loan or providing a	9722
loan guarantee, failure to purchase a loan or provide a loan	9723
guarantee, or failure to take action under sections 901.80 to	9724
901.83 of the Revised Code, or that allegedly arises out of any	9725
act or omission of the department of agriculture that involves	9726
those sections.	9727

(B) The commission may:

9728

(1) Adopt bylaws for the conduct of its business;

9729

(2) Exercise all rights, powers, and duties conferred on the	9730
commission as an issuer under Chapter 902. of the Revised Code;	9731

(3) Contract with, retain, or designate financial	9732
consultants, accountants, and such other consultants and	9733
independent contractors as the commission may determine to be	9734
necessary or appropriate to carry out the purposes of this chapter	9735
and to fix the terms of those contracts;	9736

(4) Undertake and carry out or authorize the completion of	9737
studies and analyses of agricultural conditions and needs within	9738
the state relevant to the purpose of this chapter to the extent	9739
not otherwise undertaken by other departments or agencies of the	9740
state satisfactory for suchthat purpose;	9741

(5) Acquire by gift, purchase, foreclosure, or other means,	9742
and hold, assign, pledge, lease, transfer, or otherwise dispose	9743
of, real and personal property, or any interest in that real and	9744
personal property, in the exercise of its powers and the	9745
performance of its duties under this chapter and Chapter 902. of	9746
the Revised Code;	9747

(6) Receive and accept gifts, grants, loans, or any other	9748
financial or other form of aid from any federal, state, local, or	9749
private agency or fund and enter into any contract with any such	9750
agency or fund in connection therewith, and receive and accept aid	9751
or contributions from any other source of money, property, labor,	9752
or things of value, to be held, used, and applied only for the	9753
purposes for which suchthe grants and contributions are made, all	9754
within the purposes of this chapter and Chapter 902. of the	9755
Revised Code;	9756

(7) Sue and be sued in its own name with respect to its	9757
contracts or to enforce this chapter or its obligations or	9758
covenants made under this chapter and Chapter 902. of the Revised	9759
Code;	9760

(8) Make and enter into all contracts, commitments, and	9761
agreements, and execute all instruments necessary or incidental to	9762
the performance of its duties and the execution of its powers	9763
under this chapter and Chapter 902. of the Revised Code;	9764

(9) Adopt an official seal;

9765

(10) Do any and all things necessary or appropriate to carry	9766
out the public purposes and exercise the powers granted to the	9767
commission in this chapter and Chapter 902. of the Revised Code	9768
and the public purposes of Section 13 of Article VIII, Ohio	9769
Constitution.	9770

Any instrument by which real property is acquired pursuant to	9771
this section shall identify the agency of the state that has the	9772
use and benefit of the real property as specified in section	9773
5301.012 of the Revised Code.	9774

Sec. 901.81.  (A) As used in this section and sections	9775
901.82 and 901.83 of the Revised Code:	9776

(1) "Financial institution" means any banking corporation;	9777
trust company; savings and loan association; building and loan	9778
association; or corporation, partnership, or other institution	9779
that is engaged in lending or investing funds for agricultural or	9780
other business purposes and that is eligible to become a	9781
depository for public moneys under section 135.03 of the Revised	9782
Code.	9783

(2) "Eligible applicant" means a person who has made all of	9784
the demonstrations enumerated in division (B) of section 901.82 of	9785
the Revised Code.	9786

(B) A financial institution that wishes to participate in	9787
the program established under section 901.80 of the Revised Code	9788
shall accept and review applications for loans from eligible	9789
applicants. Forms and procedures involved in the application	9790
process shall comply with rules adopted under division (A)(8)(a)	9791
of section 901.82 of the Revised Code. The financial institution	9792
shall apply all usual lending standards to determine the	9793
creditworthiness of each eligible applicant, including whether the	9794
eligible applicant has the ability to repay the loan and whether	9795
adequate security exists for the loan.	9796

The financial institution shall forward to the department of	9797
developmentagriculture the completed loan application of an	9798
eligible applicant whom the financial institution has determined	9799
to be creditworthy, along with the farm business plan and	9800
management strategy required by division (A)(5) of section 901.82	9801
of the Revised Code, and any other information required by rules	9802
adopted under division (A)(8) of section 901.82 of the Revised	9803
Code. If a loan guarantee is involved, the financial institution	9804
also shall forward a request by the financial institution to enter	9805
into a contract of guarantee described in section 901.83 of the	9806
Revised Code.	9807

The department of development shall proceed with the loan	9808
application in accordance with division (A)(12) of section 122.011	9809
901.82 of the Revised Code.	9810

Sec. 901.82.  (A) In administering the program established	9811
under section 901.80 of the Revised Code, the director of	9812
agriculture shall do all of the following:	9813

(1) Receive, review, analyze, and summarize applications for	9814
financial assistance forwarded to the director by the department	9815
of development,a financial institution under section 901.81 of	9816
the Revised Code and, after processing, forward them to the	9817
agricultural financing commission together with necessary	9818
supporting information;	9819

(2) Receive the recommendations of the commission made under	9820
division (A)(1) of section 901.63 of the Revised Code and make a	9821
final determination whether to approve thean application for	9822
financial assistance;	9823

(3) Transmit the director's determinations to approve	9824
assistance to the controlling board together with any information	9825
the controlling board requires for its review and its decision	9826
whether to approve the release of money for the financial	9827
assistance;	9828

(4) Work in conjunction with financial institutions and	9829
other private and public financing sources to purchase loans from	9830
financial institutions or provide loan guarantees to eligible	9831
applicants;	9832

(5) Require each applicant to provide a farm business plan,	9833
including an overview of the type of agricultural operation the	9834
applicant anticipates conducting, and a management strategy for	9835
the project;	9836

(6) Inform agricultural organizations and others in the	9837
state of the existence of the program established under section	9838
901.80 of the Revised Code and of the financial assistance	9839
available under the program;	9840

(7) Report to the governor, president of the senate, speaker	9841
of the house of representatives, and minority leaders of the	9842
senate and the house of representatives by the thirtieth day of	9843
June of each year on the activities carried out under the program	9844
during the preceding calendar year. The report shall include the	9845
number of loans purchased or loan guarantees made that year, the	9846
amount of each such loan or loan guarantee, the county in which	9847
the loan recipient's farm is located, and whatever other	9848
information the director determines is relevant to include.	9849

(8) Adopt rules in accordance with Chapter 119. of the	9850
Revised Code establishing all of the following with regard to the	9851
program:	9852

(a) Forms and procedures by which eligible applicants may	9853
apply for financial assistance;	9854

(b) Criteria for reviewing, evaluating, and ranking	9855
applications, and for approving applications that best serve the	9856
goals of the program;	9857

(c) Reporting requirements and monitoring procedures;

9858

(d) Interest rates, payment schedules, loan transfer	9859
provisions, penalties, including penalties for the conversion of	9860
land devoted exclusively to agricultural use as defined in section	9861
5713.30 of the Revised Code, and other terms and conditions for	9862
loans purchased and loan guarantees provided under the program;	9863

(e) Criteria for determining whether the location at which	9864
the applicant proposes to use financial assistance provided under	9865
the program is in an area in which agriculture is the primary land	9866
use at the time the application is made and whether the land at	9867
that location reasonably may not be expected to be converted to a	9868
nonagricultural use during the period of time that the applicant's	9869
obligation to repay the loan remains outstanding;	9870

(f) Any other rules necessary to implement and administer	9871
the program.	9872

(B) In order to be eligible for financial assistance under	9873
section 901.80 of the Revised Code, an applicant shall demonstrate	9874
all of the following:	9875

(1) That the applicant is domiciled in this state;

9876

(2) That the applicant is unable to obtain sufficient	9877
financing from commercial or agricultural lending sources;	9878

(3) That the applicant has the ability to repay the loan,	9879
primarily from the cash flow of the proposed farming operation,	9880
and that there is adequate security for the loan;	9881

(4) That the applicant has sufficient education, training,	9882
or experience in the type of farming for which the applicant	9883
requests the financial assistance;	9884

(5) That there are no zoning restrictions, environmental	9885
regulations, or other impairments to the use of the land for the	9886
purpose intended;	9887

(6) That the location at which the applicant proposes to use	9888
the financial assistance is in an area in which agriculture is the	9889
primary land use at the time the application is made and that the	9890
land at that location reasonably may not be expected to be	9891
converted to a nonagricultural use during the period of time that	9892
the applicant's obligation to repay the financial assistance	9893
remains outstanding. In demonstrating the information required	9894
under division (B)(5)(6) of this section, the applicant shall	9895
utilize criteria established in rules adopted under division	9896
(A)(8)(e) of this section.	9897

Sec. 917.07.  The dairy industry fund is hereby created in	9898
the state treasury. All inspection fees and license fees	9899
collected under this chapter shall be deposited into the fund.	9900

The dairy fund is hereby created in the state treasury. All	9901
together with all fine moneys received by the treasurer of state	9902
pursuant to division (E)(F) of section 917.99 of the Revised Code	9903
and any other moneys collected under this chapter, except for	9904
inspection fees and license fees, shall be deposited into the	9905
fund.	9906

Moneys credited to the dairy industry fund and the dairy fund	9907
shall be used to operate and pay expenses of the division of dairy	9908
in the department of agriculture.	9909

Sec. 917.99.  (A) Whoever violates division (C) of section	9910
917.09 of the Revised Code is guilty of a misdemeanor of the	9911
second degree on a first offense and a misdemeanor of the first	9912
degree on each subsequent offense.	9913

(B) Whoever violates section 917.13 or 917.14 of the Revised	9914
Code is guilty of a misdemeanor of the first degree on a first	9915
offense, a felony of the fifth degree on a second offense, and a	9916
felony of the fourth degree on each subsequent offense.	9917

(C) Whoever violates division (A), (B), (C), (D), or (G) of	9918
section 917.05 of the Revised Code is guilty of a misdemeanor of	9919
the fourth degree.	9920

(D) Whoever violates division (E) or (F) of section 917.05	9921
of the Revised Code is guilty of a misdemeanor of the second	9922
degree on a first offense and a misdemeanor of the first degree on	9923
each subsequent offense.	9924

(E) Each day of violation of a provision described in	9925
divisions (A) to (D) of this section constitutes a separate	9926
offense.	9927

(F) The court imposing a fine under divisions (A) to (D) of	9928
this section shall order that not less than fifty per cent of the	9929
fine be disbursed to the treasurer of state for deposit into the	9930
dairy industry fund created in section 917.07 of the Revised Code.	9931
Subject to that minimum percentage, the court's order shall	9932
specify the percentage of the fine that the clerk of the court	9933
shall disburse to the treasurer of state. The clerk of the court	9934
shall disburse the remainder of the fine to the county treasurer.	9935

Sec. 1309.40.  (A) Presentation for filing of a financing	9936
statement, tender of the filing fee, and acceptance of the	9937
statement by the filing officer constitute filing under sections	9938
1309.01 to 1309.50 of the Revised Code.	9939

(B)(1) Except as provided in divisions (B)(2) and (F) of	9940
this section, a filed financing statement is effective for a	9941
period of five years from the date of filing. The effectiveness	9942
of a filed financing statement lapses on the expiration of the	9943
five-year period unless a continuation statement is filed prior to	9944
the lapse. If a security interest perfected by filing exists at	9945
the time insolvency proceedings are commenced by or against the	9946
debtor, the security interest remains perfected until termination	9947
of the insolvency proceedings and thereafter for a period of sixty	9948
days or until expiration of the five-year period, whichever occurs	9949
later. Upon lapse the security interest becomes unperfected,	9950
unless it is perfected without filing. If the security interest	9951
becomes unperfected upon lapse, it is deemed to have been	9952
unperfected as against a person who became a purchaser or lien	9953
creditor before lapse.	9954

(2) A filed financing statement that states that it relates	9955
to an obligation secured by both (a) a mortgage upon real estate	9956
filed for record within this state and (b) a security interest in	9957
collateral, whether or not such collateral includes or consists of	9958
goods which are or are to become fixtures situated upon such real	9959
estate, shall, if such financing statement states a maturity date	9960
of such obligation, or the final installment thereof, of more than	9961
five years, be fully effective until the maturity date set forth	9962
therein. Such financing statement shall also contain a reference	9963
to the recorder's file number of the mortgage upon real estate or	9964
to the volume and page of the mortgage record in which such	9965
mortgage is recorded.	9966

(C) A continuation statement may be filed by the secured	9967
party within six months prior to the expiration of the five-year	9968
period specified in division (B)(1) of this section, or within six	9969
months prior to the stated maturity date referred to in division	9970
(B)(2) of this section. A continuation statement shall be filed	9971
on a form prescribed by the secretary of state. A continuation	9972
statement filed in the office of the county recorder shall also	9973
comply with Chapter 317. of the Revised Code. The continuation	9974
statement must be signed by the secured party, identify the	9975
original statement by file number, and state that the original	9976
statement is still effective. A continuation statement signed by	9977
a person other than the secured party of record must be	9978
accompanied by a separate written statement of assignment signed	9979
by the secured party of record and complying with division (B) of	9980
section 1309.42 of the Revised Code, including payment of the	9981
required fee. Upon timely filing of the continuation statement,	9982
the effectiveness of the original statement is continued for five	9983
years after the last date to which the filing was effective	9984
whereupon it lapses in the same manner as provided in division (B)	9985
of this section unless another continuation statement is filed	9986
prior to such lapse. Succeeding continuation statements may be	9987
filed in the same manner to continue the effectiveness of the	9988
original statement. The filing officer may remove a lapsed	9989
statement from the files and destroy it immediately if the filing	9990
officer has retained a microfilm or other photographic record, or	9991
in other cases one year after the lapse. The filing officer shall	9992
so arrange matters by physical annexation of financing statements	9993
to continuation statements or other related filings, or by other	9994
means, that if the filing officer physically destroys the	9995
financing statements of a period more than five years past, those	9996
which have been continued by a continuation statement or which are	9997
still effective under division (B)(2) or (F) of this section shall	9998
be retained.	9999

(D) Except as provided in division (G) of this section, a	10000
filing officer shall assign each statement a consecutive file	10001
number and shall hold the statement or a microfilm or other	10002
photographic or digitized copy thereof for public inspection. In	10003
addition, the filing officer shall index the statements according	10004
to the name of the debtor and shall note in the index the file	10005
number, the date and hour of filing, and the address of the debtor	10006
given in the statement. In addition to the indexing required in	10007
the previous sentence, statements covering crops growing or to be	10008
grown or timber to be cut or minerals or the like, including oil	10009
and gas, or accounts subject to division (E) of section 1309.03 of	10010
the Revised Code, or a financing statement filed as a fixture	10011
filing pursuant to section 1309.32 of the Revised Code shall also	10012
be indexed in the real estate mortgage records by the filing	10013
officer according to the name of the debtor or, if the financing	10014
statement shows the record owner or record lessee to be other than	10015
the debtor, then according to the name of the record owner or	10016
record lessee given in the statement. The fee to be charged for	10017
indexing financing statements in the real estate mortgage records	10018
shall be two dollars for each record owner or lessee listed in the	10019
statement, as provided in division (E) of section 317.32 of the	10020
Revised Code.	10021

(E) The fee for filing, indexing, and furnishing filing data	10022
for an original, amended, or a continuation statement on a form	10023
that is prescribed by the secretary of state shall be ninetwelve	10024
dollars. The fee for filing, indexing, and furnishing filing data	10025
for an original, amended, or a continuation statement on a form	10026
that is not prescribed by the secretary of state and that is filed	10027
in the office of the county recorder shall be eleven dollars.	10028

(F) If the debtor is a transmitting utility and a filed	10029
financing statement so states, it is effective until a termination	10030
statement is filed. A real estate mortgage that is effective as a	10031
fixture filing under division (E) of section 1309.39 of the	10032
Revised Code remains effective as a fixture filing until the	10033
mortgage is released or satisfied of record or its effectiveness	10034
otherwise terminates as to the real estate.	10035

(G) If the person filing any original or amended financing	10036
statement, termination statement, statement of assignment, or	10037
statement of release requests a copy thereof, the filing officer	10038
shall note upon the copy the file number and date and hour of the	10039
filing of the original and deliver or send the copy to such	10040
person.	10041

(H)(1) Upon request of any person, the filing officer shall	10042
issue a certificate showing whether there is on file on the date	10043
and hour stated thereinin the certificate, any presently	10044
effective financing statement naming a particular debtor, owner,	10045
or lessee, and any statement of assignment thereofof the	10046
financing statement, and, if there is, giving the date and hour of	10047
filing of each such statement and the names and addresses of each	10048
secured party thereinin each such statement. The fee for such a	10049
certificate shall be ninetwenty dollars plus one dollar for each	10050
financing statement and for each statement of assignment reported	10051
therein. Upon	10052

(2) Upon request, thea county recorder who is a filing	10053
officer shall furnish to any person a copy of any filed financing	10054
statement ornaming a particular debtor, owner, or lessee and any	10055
filed statement of assignment of the financing statement. When	10056
such a request for copies is made in the office of the county	10057
recorder, the county recorder shall charge a fee of one dollar per	10058
page. When a request for copies is made in the office of the	10059
secretary of state, the fee shall not exceed one dollar per page.	10060

(3) Any person may request from the secretary of state a	10061
copy of any financing statement naming a particular debtor, owner,	10062
or lessee, and of any statement of assignment of the financing	10063
statement, that is on file with the secretary of state. The	10064
request shall be made in writing to the secretary of state, and	10065
the secretary of state shall charge and collect a fee of five	10066
dollars for each copy requested.	10067

Sec. 1309.401. Through June 30, 2001, four dollars and fifty	10068
cents, and, on and after July 1, 2001, four dollars, of each fee	10069
collected by the secretary of state under sections 1309.42 and	10070
1309.43 and divisions (E) and (H) of section 1309.40 of the	10071
Revised Code, and all of the fees collected by the secretary of	10072
state under section 1309.402(A) All fees collected by the	10073
secretary of state for filings under Title XIII or XVII of the	10074
Revised Code, shall be deposited ininto the state treasury to the	10075
credit of the corporate and uniform commercial code filing fund,	10076
which is hereby created. The remainder of each such fee shall be	10077
deposited in the general revenue fund. All moneys credited to the	10078
corporate and uniform commercial code filing fund, subject to	10079
division (B) of this section, shall be used only for the purpose	10080
of paying for the operations of the office of the secretary of	10081
state, other than the division of elections, and for the purpose	10082
of paying for expenses relating to the processing of filings under	10083
Title XIII or XVII and Chapter 1329. of the Revised Code and the	10084
uniform commercial code.	10085

(B) The secretary of state business technology fund is	10086
hereby created in the state treasury. One per cent of the money	10087
credited to the corporate and uniform commercial code filing fund	10088
shall be transferred to the credit of this fund. All moneys	10089
credited to this fund shall be used only for the upkeep,	10090
improvement, or replacement of equipment, or for the purpose of	10091
training employees in the use of equipment, used to conduct	10092
business of the secretary of state's office under Title XIII or	10093
XVII of the Revised Code.	10094

Sec. 1309.402.  The fee for expedited filing service by the	10095
secretary of state for any filing under this chapter is ten	10096
dollars in addition toshall be the fee set by rule under division	10097
(A) of section 111.23 of the Revised Code plus the fee the	10098
secretary of state is otherwise required to collect for the filing	10099
under this chapter.	10100

Sec. 1309.42.  (A) A financing statement may disclose an	10101
assignment of a security interest in the collateral described in	10102
the financing statement by indication in the financing statement	10103
of the name and address of the assignee or by an assignment itself	10104
or a copy thereof on the face or back of the statement. On	10105
presentation to the filing officer of such a financing statement,	10106
the filing officer shall proceed as provided in division (D) of	10107
section 1309.40 of the Revised Code. The fee for filing,	10108
indexing, and furnishing filing data for a financing statement so	10109
indicating an assignment shall be ninetwelve dollars.	10110

(B) A secured party may assign of record all or a part of	10111
the secured party's rights under a financing statement by the	10112
filing in the place where the original financing statement was	10113
filed of a separate written statement of assignment. The	10114
statement of assignment shall be on a form prescribed by the	10115
secretary of state, shall be signed by the secured party of	10116
record, shall set forth the name of the secured party of record	10117
and the debtor, the file number and the date of filing of the	10118
financing statement, and the name and address of the assignee, and	10119
shall contain a description of the collateral assigned. A	10120
statement of assignment filed in the office of the county recorder	10121
shall also comply with Chapter 317. of the Revised Code. On	10122
presentation to the filing officer of a separate statement of	10123
assignment, the filing officer shall mark the separate statement	10124
with the date and hour of filing. The filing officer shall note	10125
the assignment on the index of the financing statement, or in the	10126
case of a fixture filing, or a filing covering crops growing or to	10127
be grown or timber to be cut, or covering minerals or the like,	10128
including oil and gas, or accounts subject to division (E) of	10129
section 1309.03 of the Revised Code, the filing officer shall	10130
index the assignment under the name of the assignor as grantor	10131
and, to the extent that the law of this state provides for	10132
indexing the assignment of a mortgage under the name of the	10133
assignee, the filing officer shall index the assignment of the	10134
financing statement under the name of the assignee. The fee for	10135
filing, indexing, and furnishing filing data about such a separate	10136
statement of assignment shall be ninetwelve dollars if on a form	10137
prescribed by the secretary of state. The fee for filing,	10138
indexing, and furnishing filing data about such a separate	10139
statement of assignment on a form that is not prescribed by the	10140
secretary of state and that is filed in the office of the county	10141
recorder shall be eleven dollars. Notwithstanding the provisions	10142
of this division, an assignment of record of a security interest	10143
in a fixture contained in a mortgage effective as a fixture filing	10144
pursuant to division (E) of section 1309.39 of the Revised Code	10145
may be made only by an assignment of the mortgage in the manner	10146
provided by the law of this state other than sections 1309.01 to	10147
1309.50 of the Revised Code.	10148

(C) After the disclosure or filing of an assignment under	10149
this section, the assignee is the secured party of record.	10150

Sec. 1309.525.  (A) Except as provided in division (C) of	10151
this section, the fee for filing and indexing a record under	10152
sections 1309.501 to 1309.527 of the Revised Code is twelve	10153
dollars.	10154

(B) The fee for responding to a request for information from	10155
the filing office, including for communicating whether there is on	10156
file any financing statement naming a particular debtor is:	10157

(1) Twenty dollars if the request is communicated in writing;

10158

(2) Twenty dollars if the request is communicated by another	10159
medium authorized by the filing office rule.	10160

However, the fee otherwise required under division (B) of	10161
this section is five dollars if the request is limited to	10162
communicating only whether there is on file any financing	10163
statement naming a particular debtor and the name of the secured	10164
party or record relating thereto. Division (B) of this section	10165
does not require that a fee be charged for remote access searching	10166
of the filing office data base.	10167

(C) This section does not require a fee with respect to a	10168
record of a mortgage that is effective as a financing statement	10169
filed as a fixture filing or as a financing statement covering	10170
as-extracted collateral or timber to be cut under division (C) of	10171
section 1309.502 of the Revised Code. However, the recording and	10172
satisfaction fees that otherwise would be applicable to the record	10173
of the mortgage apply.	10174

Sec. 1329.01.  (A) As used in sections 1329.01 to 1329.10 of	10175
the Revised Code:	10176

(1) "Trade name" means a name used in business or trade to	10177
designate the business of the user and to which the user asserts a	10178
right to exclusive use.	10179

(2) "Fictitious name" means a name used in business or trade	10180
that is fictitious and that the user has not registered or is not	10181
entitled to register as a trade name. It does not include the	10182
name of record of any domestic corporation that is formed under	10183
Chapter 1701. or 1702. of the Revised Code, any foreign	10184
corporation that is registered pursuant to Chapter 1703. of the	10185
Revised Code, any domestic or foreign limited liability company	10186
that is formed under or registered pursuant to Chapter 1705. of	10187
the Revised Code, any domestic or foreign limited partnership that	10188
is formed under or registered pursuant to Chapter 1782. of the	10189
Revised Code, or any domestic or foreign limited liability	10190
partnership that is formed under or registered pursuant to Chapter	10191
1775. of the Revised Code.	10192

(3) "Person" includes any individual, general partnership,	10193
limited partnership, limited liability partnership, corporation,	10194
association, professional association, limited liability company,	10195
society, foundation, federation, or organization formed under the	10196
laws of this state or any other state.	10197

(B) Subject to sections 1329.01 to 1329.10 of the Revised	10198
Code, any person may register with the secretary of state, on a	10199
form prescribed by the secretary of state, any trade name under	10200
which the person is operating, setting forth all of the following:	10201

(1) The name and business address of the applicant for	10202
registration and any of the following that is applicable:	10203

(a) If the applicant is a general partnership, the names and	10204
residence addresses of all of the partners;	10205

(b) If the applicant is a limited partnership existing prior	10206
to July 1, 1994, that has not registered with the secretary of	10207
state pursuant to Chapter 1782. of the Revised Code, the name of	10208
the Ohio county in which its certificate of limited partnership or	10209
application for registration as a foreign limited partnership is	10210
filed;	10211

(c) If the applicant is a limited partnership to which	10212
division (B)(1)(b) of this section does not apply or is a	10213
corporation, professional association, limited liability company,	10214
or other entity, the form of the entity and the state under the	10215
laws of which it was formed.	10216

(2) The trade name to be registered;

10217

(3) The general nature of the business conducted by the	10218
applicant;	10219

(4) The length of time during which the trade name has been	10220
used by the applicant in business operations in this state.	10221

(C) The trade name application shall be signed by the	10222
applicant or by any authorized representative of the applicant.	10223

A single trade name may be registered upon each trade name	10224
application submitted under sections 1329.01 to 1329.10 of the	10225
Revised Code.	10226

The trade name application shall be accompanied by a filing	10227
fee of twentyfifty dollars, payable to the secretary of state.	10228

(D) Any person who does business under a fictitious name and	10229
who has not registered and does not wish to register the	10230
fictitious name as a trade name or who cannot do so because the	10231
name is not available for registration shall report the use of the	10232
fictitious name to the secretary of state, on a form prescribed by	10233
the secretary of state, setting forth all of the following:	10234

(1) The name and business address of the user and any of the	10235
following that is applicable:	10236

(a) If the user is a general partnership, the names and	10237
residence addresses of all the partners;	10238

(b) If the user is a limited partnership existing prior to	10239
July 1, 1994, that has not been registered with the secretary of	10240
state pursuant to Chapter 1782. of the Revised Code, the name of	10241
the Ohio county in which its certificate of limited partnership or	10242
application for registration as a foreign limited partnership is	10243
filed;	10244

(c) If the user is a limited partnership to which division	10245
(D)(1)(b) of this section does not apply or is a corporation,	10246
professional association, limited liability company, or other	10247
entity, the form of the entity and the state under whose laws it	10248
was formed.	10249

(2) The fictitious name being used;

10250

(3) The general nature of the business conducted by the	10251
user.	10252

(E) The report of use of a fictitious name shall be signed	10253
by the user or by any authorized representative of the user.	10254

A single fictitious name may be registered upon each	10255
fictitious name report submitted under sections 1329.01 to 1329.10	10256
of the Revised Code.	10257

The fictitious name report shall be accompanied by a filing	10258
fee of tenfifty dollars, payable to the secretary of state.	10259

A report under this division shall be made within thirty days	10260
after the date of the first use of the fictitious name.	10261

Sec. 1329.04.  Registration of a trade name or report of a	10262
fictitious name, under sections 1329.01 to 1329.10 of the Revised	10263
Code, shall be effective for a term of five years from the date of	10264
registration or report. Upon application filed within six months	10265
prior to the expiration of such term, on a form furnished by the	10266
secretary of state, the registration or report may be renewed at	10267
the end of each five-year period for a like term, provided that a	10268
general partnership shall renew its registration or report	10269
whenever there has been a change in the listing of partners on its	10270
registration or report and a limited partnership shall renew its	10271
registration or report when a change occurs in the listing of its	10272
general partners on its registration or report. Such a renewal	10273
shall extend the registration or report for five years, unless	10274
further changes occur in the interim. AThe renewal fee specified	10275
in division (S)(3) of ten dollarssection 111.16 of the Revised	10276
Code, payable to the secretary of state, shall accompany the	10277
application for renewal of the registration or report.	10278

The secretary of state shall notify persons who have	10279
registered trade names or reported fictitious names, within the	10280
six months next preceding the expiration of the five years from	10281
the date of registration or report, of the necessity of renewal by	10282
writing to the last known address of such persons.	10283

Sec. 1329.06.  Any trade name or fictitious name and its	10284
registration or report shall be assignable by an instrument in	10285
writing duly executed and may be recorded with the secretary of	10286
state upon the payment of athe fee specified in division (S)(4)	10287
of ten dollarssection 111.16 of the Revised Code, payable to the	10288
secretary of state, who, recording the assignment, shall issue in	10289
the name of the assignee a new certificate for the remainder of	10290
the term of the registration or report or the last renewal	10291
thereof. The instrument shall be on a form prescribed by the	10292
secretary of state.	10293

Sec. 1329.07.  The registrant of any trade name or a person	10294
who reports a fictitious name shall record all changes of the	10295
registrant's business address by filing with the secretary of	10296
state a statement in writing, on a form prescribed by the	10297
secretary of state, setting forth the name previously registered	10298
or reported, the date of the registration or report, and the new	10299
address of the applicant. AThe filing fee specified in division	10300
(S)(4) of three dollarssection 111.16 of the Revised Code shall	10301
accompany suchthe statement.	10302

Sec. 1329.42.  A person who uses in this state a name, mark,	10303
or device to indicate ownership of articles or supplies may file	10304
in the office of the secretary of state, on a form to be	10305
prescribed by the secretary of state, a verified statement setting	10306
forth, but not limited to, the following information:	10307

(A) The name and business address of the person filing the	10308
statement; and, if a corporation, the state of incorporation;	10309

(B) The nature of the business of the applicant;

10310

(C) The type of articles or supplies in connection with	10311
which the name, mark, or device is used.	10312

The statement shall include or be accompanied by a specimen	10313
evidencing actual use of the name, mark, or device, together with	10314
athe filing fee specified in division (U)(1) of twenty dollars	10315
section 111.16 of the Revised Code. The registration of a name,	10316
mark, or device pursuant to this section is effective for a	10317
ten-year period beginning on the date of registration. If an	10318
application for renewal is filed within six months prior to the	10319
expiration of the ten-year period on a form prescribed by the	10320
secretary of state, the registration may be renewed at the end of	10321
each ten-year period for an additional ten-year period. AThe	10322
renewal fee specified in division (U)(2) of ten dollarssection	10323
111.16 of the Revised Code shall accompany the application for	10324
renewal. The secretary of state shall notify a registrant within	10325
the six months next preceding the expiration of ten years from the	10326
date of registration of the necessity of renewal by writing to the	10327
last known address of the registrant.	10328

Sec. 1329.421.  The registrant of a name, mark, or device	10329
used to indicate ownership shall record all changes of the	10330
registrant's business address by filing with the secretary of	10331
state a written statement, on a form prescribed by the secretary	10332
of state, of the new address. AThe filing fee of three dollars	10333
specified in division (U)(2) of section 111.16 of the Revised Code	10334
shall accompany the statement.	10335

Sec. 1329.45.  The certificate of the filing of any name,	10336
mark, or device under sections 1329.41 to 1329.53 of the Revised	10337
Code and the benefits obtained thereunderunder it shall be	10338
assignable with the sale of the articles or supplies on which the	10339
same are produced and used. Assignments shall be by instruments	10340
in writing duly executed and may be recorded upon the payment of a	10341
the fee specified in division (U)(2) of ten dollarssection 111.16	10342
of the Revised Code, payable to the secretary of state, who, after	10343
recording the assignment, upon request of the assignee, may issue	10344
in the assignee's name a new certificate. The instrument shall be	10345
on a form prescribed by the secretary of state.	10346

Sec. 1329.56.  (A) Subject to the limitations set forth in	10347
sections 1329.54 to 1329.67 of the Revised Code, any person who	10348
adopts and uses a trademark or service mark in this state may file	10349
in the office of the secretary of state, on a form to be	10350
prescribed by the secretary of state, an application for	10351
registration of that trademark or service mark that sets forth,	10352
but is not limited to, the following information:	10353

(1) The name and business address of the person applying for	10354
the registration; if the person is a corporation, the state of its	10355
incorporation; if the person is a partnership or limited liability	10356
partnership, the state in which the partnership is organized and	10357
the names of the general partners; and, if the person is a limited	10358
liability company, the state of its organization;	10359

(2) The goods or services on or in connection with which the	10360
mark is used, the mode or manner in which the mark is used on or	10361
in connection with the goods or services, and the class in which	10362
the goods or services fall;	10363

(3) The date when the mark was first used anywhere and the	10364
date when it was first used in this state by the applicant or the	10365
applicant's predecessor in interest;	10366

(4) A statement that the applicant is the owner of the mark,	10367
that the mark is in use, and that, to the knowledge of the person	10368
verifying the application, no other person has the right to use	10369
the mark in the state either in the identical form of the mark, or	10370
in near resemblance to the mark, as to be likely, when used on or	10371
in connection with the goods or services of another person, to	10372
cause confusion or mistake or to deceive;	10373

(5) A statement that, to the knowledge of the person	10374
verifying the application, no other person has a registration or a	10375
pending intent to use application of the same or a confusingly	10376
similar mark in the United States patent and trademark office for	10377
the same or similar goods or services or a statement that the	10378
applicant is the owner of a concurrent registration in the United	10379
States patent and trademark office of the applicant's mark	10380
covering an area including this state.	10381

(B) The application shall be signed and verified by the	10382
applicant, by an authorized representative, or by an officer of	10383
the firm, limited liability company, limited liability	10384
partnership, general partnership, or limited partnership,	10385
corporation, union, association, or other organization that is the	10386
applicant.	10387

(C) The application shall be accompanied by a specimen of	10388
the mark as actually used and shall contain a brief description of	10389
the mark as it appears on the specimen.	10390

(D) The application shall be accompanied by athe filing fee	10391
specified in division (U)(1) of twenty dollars that issection	10392
111.16 of the Revised Code, payable to the secretary of state.	10393

Sec. 1329.58.  Registration of a trademark or service mark	10394
under sections 1329.54 to 1329.67 of the Revised Code shall be	10395
effective for a term of ten years from the date of registration.	10396
Upon the filing of an application within six months prior to the	10397
expiration of that term on a form furnished by the secretary of	10398
state, the registrant may renew the registration at the end of	10399
each ten-year period for a similar term. AThe renewal fee	10400
specified in division (U)(2) of ten dollars that issection 111.16	10401
of the Revised Code, payable to the secretary of state, shall	10402
accompany the renewal application. The renewal application shall	10403
require the applicant to state that the mark still is in use in	10404
this state.	10405

Sec. 1329.60.  Any trademark or service mark and its	10406
registration shall be assignable with the good will of the	10407
business in which the trademark or service mark is used, or with	10408
that part of the good will of the business connected with the use	10409
of and symbolized by the trademark or service mark. Assignment	10410
shall be by instruments in writing duly executed and may be	10411
recorded with the secretary of state upon the payment of athe fee	10412
specified in division (U)(2) of ten dollarssection 111.16 of the	10413
Revised Code, payable to the secretary of state, who, after	10414
recording the assignment, shall issue in the name of the assignee	10415
a new certificate for the remainder of the term of the	10416
registration or of the last renewal thereof. The instrument shall	10417
be on a form prescribed by the secretary of state. An assignment	10418
of any registration shall be void as against any subsequent	10419
purchaser for valuable consideration without notice unless it is	10420
recorded with the secretary of state within three months after the	10421
date thereof or prior to such subsequent purchase.	10422

Sec. 1329.601.  The registrant of a trademark or service mark	10423
shall record all changes of the registrant's business address by	10424
filing a written statement, on a form prescribed by the secretary	10425
of state, of the new address with the secretary of state. AThe	10426
filing fee of three dollarsspecified in division (U)(2) of	10427
section 111.16 of the Revised Code shall accompany the statement.	10428

Sec. 1345.21.  As used in sections 1345.21 to 1345.28 of the	10429
Revised Code:	10430

(A) "Home solicitation sale" means a sale of consumer goods	10431
or services in which the seller or a person acting for the seller	10432
engages in a personal solicitation of the sale at a residence of	10433
the buyer, including solicitations in response to or following an	10434
invitation by the buyer, and the buyer's agreement or offer to	10435
purchase is there given to the seller or a person acting for the	10436
seller, or in which the buyer's agreement or offer to purchase is	10437
made at a place other than the seller's place of business. It	10438
does not include a transaction or transactions in which:	10439

(1) The total purchase price to be paid by the buyer,	10440
whether under single or multiple contracts, is less than	10441
twenty-five dollars;	10442

(2) The transaction was conducted and consummated entirely	10443
by mail or by telephone if initiated by the buyer, and without any	10444
other contact between the seller or the seller's representative	10445
prior to the delivery of goods or performance of the service;	10446

(3) The final agreement is made pursuant to prior	10447
negotiations in the course of a visit by the buyer to a retail	10448
business establishment having a fixed permanent location where the	10449
goods are exhibited or the services are offered for sale on a	10450
continuing basis;	10451

(4) The buyer initiates the contact between the parties for	10452
the purpose of negotiating a purchase and the seller has a	10453
business establishment at a fixed location in this state where the	10454
goods or services involved in the transaction are regularly	10455
offered or exhibited for sale.	10456

Advertisements by such a seller in newspapers, magazines,	10457
catalogues, radio, or television do not constitute the seller	10458
initiation of the contact.	10459

(5) The buyer initiates the contact between the parties, the	10460
goods or services are needed to meet a bona fide immediate	10461
personal emergency of the buyer which will jeopardize the welfare,	10462
health, or safety of natural persons, or endanger property which	10463
the buyer owns or for which the buyer is responsible, and the	10464
buyer furnishes the seller with a separate, dated, and signed	10465
statement in the buyer's handwriting describing the situation	10466
requiring immediate remedy and expressly acknowledging and waiving	10467
the right to cancel the sale within three business days;	10468

(6) The buyer has initiated the contact between the parties	10469
and specifically requested the seller to visit the buyer's home	10470
for the purpose of repairing or performing maintenance upon the	10471
buyer's personal property. If, in the course of such a visit, the	10472
seller sells the buyer additional services or goods other than	10473
replacement parts necessarily used in performing the maintenance	10474
or in making the repairs, the sale of those additional goods or	10475
services does not fall within this exclusion.	10476

(7) The buyer is accorded the right of rescission by the	10477
"Consumer Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C.	10478
1635, or regulations adopted pursuant to it.	10479

(B) "Sale" includes a lease or rental.

10480

(C) "Seller" includes a lessor or anyone offering goods for	10481
rent.	10482

(D) "Buyer" includes a lessee or anyone who gives a	10483
consideration for the privilege of using goods.	10484

(E) "Consumer goods or services" means goods or services	10485
purchased, leased, or rented primarily for personal, family, or	10486
household purposes, including courses or instruction or training	10487
regardless of the purpose for which they are taken.	10488

(F) "Consumer goods or services" does not include goods or	10489
services pertaining to any of the following:	10490

(1) Sales or rentals of real property by a real estate	10491
broker or salesperson, or by a foreign real estate dealer or	10492
salesperson, who is licensed by the Ohio real estate commission	10493
under Chapter 4735. of the Revised Code;	10494

(2) The sale of securities or commodities by a broker-dealer	10495
registered with the securities and exchange commission;	10496

(3) The sale of securities or commodities by a securities	10497
dealer or salesperson licensed by the division of securities under	10498
Chapter 1707. of the Revised Code;	10499

(4) The sale of insurance by a person licensed by the	10500
superintendent of insurance;	10501

(5) Goods sold or services provided by automobile dealers	10502
and salespersons licensed by the registrar of motor vehicles under	10503
Chapter 4517. of the Revised Code;	10504

(6) The sale of property at an auction by an auctioneer	10505
licensed by the department of commerceagriculture under Chapter	10506
4707. of the Revised Code.	10507

(G) "Purchase price" means the total cumulative price of the	10508
consumer goods or services, including all interest and service	10509
charges.	10510

(H) "Place of business" means the main office, or a	10511
permanent branch office or permanent local address of a seller.	10512

(I) "Business day" means any calendar day except Sunday, or	10513
the following business holidays: New Year's day, Presidents' day,	10514
Memorial day, Independence day, Labor day, Columbus day, Veterans	10515
day, Thanksgiving day, and Christmas day.	10516

Sec. 1501.01.  Except where otherwise expressly provided, the	10517
director of natural resources shall formulate and institute all	10518
the policies and programs of the department of natural resources.	10519
The chief of any division of the department shall not enter into	10520
any contract, agreement, or understanding unless it is approved by	10521
the director. No appointee or employee of the director, other	10522
than the assistant director, may bind the director in a contract	10523
except when given general or special authority to do so by the	10524
director.	10525

The director shall correlate and coordinate the work and	10526
activities of the divisions in the department to eliminate	10527
unnecessary duplications of effort and overlapping of functions.	10528
The chiefs of the various divisions of the department shall meet	10529
with the director at least once each month at a time and place	10530
designated by the director.	10531

The director may create advisory boards to any of those	10532
divisions in conformity with section 121.13 of the Revised Code.	10533

The director may accept and expend gifts, devises, and	10534
bequests of money, lands, and other properties on behalf of the	10535
department or any division thereof under the terms set forth in	10536
section 9.20 of the Revised Code. Any political subdivision of	10537
this state may make contributions to the department for the use of	10538
the department or any division therein according to the terms of	10539
the contribution.	10540

The director may publish and sell or otherwise distribute	10541
data, reports, and information.	10542

The director shall adopt rules in accordance with Chapter	10543
119. of the Revised Code to permit the department to accept by	10544
means of a credit card the payment of fees, charges, and rentals	10545
at those facilities described in section 1501.07 of the Revised	10546
Code that are operated by the department, for any data, reports,	10547
or information sold by the department, and for any other goods or	10548
services provided by the department.	10549

Whenever authorized by the governor to do so, the director	10550
may appropriate property for the uses and purposes authorized to	10551
be performed by the department and on behalf of any division	10552
within the department. This authority shall be exercised in the	10553
manner provided in sections 163.01 to 163.22 of the Revised Code	10554
for the appropriation of property by the director of	10555
administrative services. This authority to appropriate property	10556
is in addition to the authority provided by law for the	10557
appropriation of property by divisions of the department. The	10558
director of natural resources also may acquire by purchase, lease,	10559
or otherwise such real and personal property rights or privileges	10560
in the name of the state as are necessary for the purposes of the	10561
department or any division therein. The director, with the	10562
approval of the governor and the attorney general, may sell,	10563
lease, or exchange portions of lands or property, real or	10564
personal, of any division of the department or grant easements or	10565
licenses for the use thereof, or enter into agreements for the	10566
sale of water from lands and waters under the administration or	10567
care of the department or any of its divisions, when the sale,	10568
lease, exchange, easement, agreement, or license for use is	10569
advantageous to the state, provided that such approval is not	10570
required for leases and contracts made under section 1507.12, if	10571
any, or section 1501.07, 1501.09, or 1520.03 or Chapter 1523. of	10572
the Revised Code. Water may be sold from a reservoir only to the	10573
extent that the reservoir was designed to yield a supply of water	10574
for a purpose other than recreation or wildlife, and the water	10575
sold is in excess of that needed to maintain the reservoir for	10576
purposes of recreation or wildlife.	10577

Money received from such sales, leases, easements, exchanges,	10578
agreements, or licenses for use, except revenues required to be	10579
set aside or paid into depositories or trust funds for the payment	10580
of bonds issued under sections 1501.12 to 1501.15 of the Revised	10581
Code, and to maintain the required reserves therefor as provided	10582
in the orders authorizing the issuance of such bonds or the trust	10583
agreements securing such bonds, revenues required to be paid and	10584
credited pursuant to the bond proceeding applicable to obligations	10585
issued pursuant to section 154.22, and revenues generated under	10586
section 1520.05 of the Revised Code, shall be deposited in the	10587
state treasury to the credit of the fund of the division of the	10588
department having prior jurisdiction over the lands or property.	10589
If no such fund exists, the money shall be credited to the general	10590
revenue fund. All such money received from lands or properties	10591
administered by the division of wildlife shall be credited to the	10592
wildlife fund.	10593

The director shall provide for the custody, safekeeping, and	10594
deposit of all moneys, checks, and drafts received by the	10595
department or its employees prior to paying them to the treasurer	10596
of state under section 113.08 of the Revised Code.	10597

The director shall cooperate with the nature conservancy,	10598
other nonprofit organizations, and the United States fish and	10599
wildlife service in order to secure protection of islands in the	10600
Ohio river and the wildlife and wildlife habitat of those islands.	10601

Any instrument by which real property is acquired pursuant to	10602
this section shall identify the agency of the state that has the	10603
use and benefit of the real property as specified in section	10604
5301.012 of the Revised Code.	10605

Sec. 1501.23.  The department of natural resources may	10606
utilize the services of volunteers to implement clean-up and	10607
beautification programs or any other programs that accomplish any	10608
of the purposes of the department. The director of natural	10609
resources shall approve all volunteer programs and may recruit,	10610
train, and supervise the services of community volunteers or	10611
volunteer groups for volunteer programs. The director may	10612
designate volunteers in a volunteer program as state employees for	10613
the purpose of motor vehicle accident liability insurance under	10614
section 9.83 of the Revised Code, for the purpose of immunity	10615
under section 9.86 of the Revised Code, and for the purpose of	10616
indemnification from liability incurred in the performance of	10617
their duties under section 9.87 of the Revised Code.	10618

Sec. 1501.40.  The department of natural resources is the	10619
designated state agency responsible for the coordination and	10620
administration of sections 120 to 136 of the "National and	10621
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.A.	10622
12401 to 12456, and amendments theretoas amended. With the	10623
assistance of the stateOhio community service advisory committee	10624
council created in section 121.40 of the Revised Code, the	10625
director of natural resources shall coordinate with other state	10626
agencies to apply for funding under the act when appropriate and	10627
shall administer any federal funds the state receives under	10628
sections 120 to 136 of the act.	10629

Sec. 1502.12. (A) There is hereby created in the state	10630
treasury the scrap tire grant fund, consisting of moneys	10631
transferred to the fund under section 3734.82 of the Revised Code.	10632
The chief of the division of recycling and litter prevention, with	10633
the approval of the director of natural resources, may make grants	10634
from the fund for the purpose of supporting market development	10635
activities for scrap tires. The grants may be awarded to	10636
individuals, businesses, and entities certified under division (B)	10637
of section 1502.04 of the Revised Code.	10638

(B) Projects and activities that are eligible for grants	10639
under this section shall be evaluated for funding using, at a	10640
minimum, the following criteria:	10641

(1) The degree to which a proposed project contributes to	10642
the increased use of scrap tires generated in this state;	10643

(2) The degree of local financial support for a proposed	10644
project;	10645

(3) The technical merit and quality of a proposed project.

10646

Sec. 1503.011.  The chief of the division of forestry shall	10647
be responsible for the conservation and development of forests	10648
within this state. HeThe chief shall be concerned with	10649
silvicultural practices, including the proper planting, growing,	10650
protecting, harvesting, and managing of trees for such purposes as	10651
watershed and soil protection, timber production and utilization,	10652
recreation, aesthetics, wildlife habitat development, and urban	10653
enhancement and for all benefits that forests provide.	10654

The chief may do any or all of the following:

10655

(A) Provide rural forestry assistance to nonindustrial	10656
private forest landowners, including advice in tree planting,	10657
forest improvement, harvesting, and all aspects of conservation;	10658

(B) Provide urban forestry assistance to individuals,	10659
nonprofit organizations, and political subdivisions to manage	10660
their urban forest resource and develop comprehensive tree care	10661
programs;	10662

(C) Provide wood utilization, marketing, and rural forestry	10663
development assistance to forest industries, political	10664
subdivisions and agencies thereof, and state and federal agencies	10665
for the purpose of establishing and maintaining a viable,	10666
economically sound wood-based industry while expanding the forest	10667
resource of this state;	10668

(D) Provide forest pest protection assistance to forest	10669
landowners, political subdivisions and agencies thereof, and state	10670
and federal agencies on assessing and evaluating the health and	10671
vigor of the forest resource;	10672

(E) Provide technical assistance to landowners in developing	10673
forest windbreaks, filter strips, and other forest management	10674
practices that provide conservation benefits;	10675

(F) Provide awareness of and education concerning the	10676
programs provided for under divisions (A) to (E) of this section;	10677

(G) Enter into agreements with political subdivisions and	10678
agencies thereof, state and federal agencies, firefighting	10679
agencies and private fire companies, as those terms are defined in	10680
section 9.60 of the Revised Code, nonprofit organizations, and	10681
individuals to meet the needs of forestry assistance in this state	10682
and, in accordance with sectionssection 1503.01 and 1503.35 of	10683
the Revised Code, develop and administer grant programs for any of	10684
those entities requesting assistance. The chief shall adopt, and	10685
may amend and rescind, rules in accordance with Chapter 119. of	10686
the Revised Code establishing such requirements and procedures as	10687
are necessary to implement this division.	10688

As used in this section, "nonprofit organization" has the	10689
same meaning as in section 4141.01 of the Revised Code.	10690

Sec. 1507.01.  There is hereby created in the department of	10691
natural resources the division of engineering to be administered	10692
by the chief engineer of the department, who shall be a	10693
professional engineer registered under Chapter 4733. of the	10694
Revised Code. The chief engineer shall do all of the following:	10695

(A) Administer this chapter;

10696

(B) Provide engineering, architectural, land surveying, and	10697
related administrative and maintenance support services to the	10698
other divisions in the department;	10699

(C) Upon request of the director of natural resources,	10700
implement the department's capital improvement program and	10701
facility maintenance projects, including all associated	10702
engineering, architectural, design, contracting, surveying,	10703
inspection, and management responsibilities and requirements;	10704

(D) With the approval of the director, act as contracting	10705
officer in departmental engineering, architectural, surveying, and	10706
construction matters regarding capital improvements except for	10707
those matters otherwise specifically provided for in law;	10708

(E) As long as the state retains ownership of the Burr Oak	10709
water system, administer, operate, and maintain the Burr Oak water	10710
system and, with the approval of the director, act as contracting	10711
agent in matters concerning that system;	10712

(F) Provide engineering support for the coastal management	10713
program established under Chapter 1506. of the Revised Code;	10714

(G)(F) Coordinate the department's roadway maintenance	10715
program with the department of transportation pursuant to section	10716
5511.05 of the Revised Code and maintain the roadway inventory of	10717
the department of natural resources;	10718

(H) Coordinate the department's emergency response	10719
activities with the emergency management agency created in section	10720
5502.22 of the Revised Code;	10721

(I)(G) Coordinate the department's projects, programs,	10722
policies, procedures, and activities with the United States army	10723
corps of engineers;	10724

(J)(H) Subject to the approval of the director, employ	10725
professional and technical assistants and such other employees as	10726
are necessary for the performance of the activities required or	10727
authorized under this chapter, other work of the division, and any	10728
other work agreed to under working agreements or contractual	10729
arrangements; prescribe their duties; and fix their compensation	10730
in accordance with such schedules as are provided by law for the	10731
compensation of state employees.	10732

Sec. 1509.06.  An application for a permit to drill a new	10733
well, drill an existing well deeper, reopen a well, convert a well	10734
to any use other than its original purpose, or plug back a well to	10735
a different source of supply shall be filed with the chief of the	10736
division of mineral resources management upon such form as the	10737
chief prescribes and shall contain each of the following that is	10738
applicable:	10739

(A) The name and address of the owner and, if a corporation,	10740
the name and address of the statutory agent;	10741

(B) The signature of the owner or the owner's authorized	10742
agent. When an authorized agent signs an application, it shall be	10743
accompanied by a certified copy of the appointment as such agent.	10744

(C) The names and addresses of all persons holding the	10745
royalty interest in the tract upon which the well is located or is	10746
to be drilled or within a proposed drilling unit;	10747

(D) The location of the tract or drilling unit on which the	10748
well is located or is to be drilled identified by section or lot	10749
number, city, village, township, and county;	10750

(E) Designation of the well by name and number;

10751

(F) The geological formation to be tested or used and the	10752
proposed total depth of the well;	10753

(G) The type of drilling equipment to be used;

10754

(H) If the well is for the injection of a liquid, identity	10755
of the geological formation to be used as the injection zone and	10756
the composition of the liquid to be injected;	10757

(I) A sworn statement that all requirements of any municipal	10758
corporation, county, or township having jurisdiction over any	10759
activity related to the drilling or operation of an oil or gas	10760
well that have been filed with the division of mineral resources	10761
management and are in effect at the time the application is filed,	10762
including, but not limited to, zoning ordinances and resolutions	10763
and the requirements of section 4513.34 of the Revised Code, will	10764
be complied with until abandonment of the well;	10765

(J) A plan for restoration of the land surface disturbed by	10766
drilling operations. The plan shall provide for compliance with	10767
the restoration requirements of division (A) of section 1509.072	10768
of the Revised Code and any rules adopted by the chief pertaining	10769
to that restoration.	10770

(K) A description by name or number of the county, township,	10771
and municipal corporation roads, streets, and highways that the	10772
applicant anticipates will be used for access to and egress from	10773
the well site;	10774

(L) Such other relevant information as the chief prescribes	10775
by rule.	10776

Each application shall be accompanied by a map, on a scale	10777
not smaller than four hundred feet to the inch, prepared by an	10778
Ohio registered surveyor, showing the location of the well and	10779
containing such other data as may be prescribed by the chief. If	10780
the well is or is to be located within the excavations and	10781
workings of a mine, the map also shall include the location of the	10782
mine, the name of the mine, and the name of the person operating	10783
the mine.	10784

The chief shall cause a copy of the weekly circular prepared	10785
by the division to be provided to the county engineer of each	10786
county that contains active or proposed drilling activity. The	10787
weekly circular shall contain, in the manner prescribed by the	10788
chief, the names of all applicants for permits, the location of	10789
each well or proposed well, the information required by division	10790
(K) of this section, and any additional information the chief	10791
prescribes.	10792

The chief shall not issue a permit for at least ten days	10793
after the date of filing of the application for the permit unless,	10794
upon reasonable cause shown, the chief waives that period or a	10795
request for expedited review is filed under this section. However,	10796
the chief shall issue a permit within twenty-one days of the	10797
filing of the application unless the chief denies the application	10798
by order.	10799

An applicant may file a request with the chief for expedited	10800
review of a permit application if the well is not or is not to be	10801
located in a gas storage reservoir or reservoir protective area,	10802
as "reservoir protective area" is defined in section 1571.01 of	10803
the Revised Code. If the well is or is to be located in a coal	10804
bearing township, the application shall be accompanied by the	10805
affidavit of the landowner prescribed in section 1509.08 of the	10806
Revised Code.	10807

In addition to a complete application for a permit that meets	10808
the requirements of this section and the permit fee prescribed by	10809
this section, a request for expedited review shall be accompanied	10810
by a separate nonrefundable filing fee of five hundred dollars.	10811
Upon the filing of a request for expedited review, the chief shall	10812
cause the county engineer of the county in which the well is or is	10813
to be located to be notified of the filing of the permit	10814
application and the request for expedited review by telephone or	10815
other means that in the judgment of the chief will provide timely	10816
notice of the application and request. The chief shall issue a	10817
permit within seven days of the filing of the request unless the	10818
chief denies the application by order. Notwithstanding the	10819
provisions of this section governing expedited review of permit	10820
applications, the chief may refuse to accept requests for	10821
expedited review if, in the chief's judgment, the acceptance of	10822
the requests would prevent the issuance, within twenty-one days of	10823
their filing, of permits for which applications are pending.	10824

A well shall be drilled and operated in accordance with the	10825
plans, sworn statements, and other information submitted in the	10826
approved application.	10827

The chief shall issue an order denying a permit if the chief	10828
finds that there is a substantial risk that the operation will	10829
result in violations of this chapter or rules adopted under it	10830
that will present an imminent danger to public health or safety or	10831
damage to the environment, provided that where the chief finds	10832
that terms or conditions to the permit can reasonably be expected	10833
to prevent such violations, the chief shall issue the permit	10834
subject to those terms or conditions.	10835

Each application for a permit required by section 1509.05 of	10836
the Revised Code, except an application for a well drilled or	10837
reopened for purposes of section 1509.22 of the Revised Code, also	10838
shall be accompanied by a nonrefundable fee of two hundred fifty	10839
dollars.	10840

The chief may order the immediate suspension of drilling,	10841
operating, or plugging activities after finding that any person is	10842
causing, engaging in, or maintaining a condition or activity that	10843
in the chief's judgment presents an imminent danger to public	10844
health or safety or results in or is likely to result in immediate	10845
substantial damage to natural resources or for nonpayment of the	10846
fee required by this section. The chief may order the immediate	10847
suspension of the drilling or reopening of a well in a coal	10848
bearing township after determining that the drilling or reopening	10849
activities present an imminent and substantial threat to public	10850
health or safety or to miners' health or safety. Before issuing	10851
any such order, the chief shall notify the owner in such manner as	10852
in the chief's judgment would provide reasonable notification that	10853
the chief intends to issue a suspension order. The chief may	10854
issue such an order without prior notification if reasonable	10855
attempts to notify the owner have failed, but in such an event	10856
notification shall be given as soon thereafter as practical.	10857
Within five calendar days after the issuance of the order, the	10858
chief shall provide the owner an opportunity to be heard and to	10859
present evidence that the condition or activity is not likely to	10860
result in immediate substantial damage to natural resources or	10861
does not present an imminent danger to public health or safety or	10862
to miners' health or safety, if applicable. In the case of	10863
activities in a coal bearing township, if the chief, after	10864
considering evidence presented by the owner, determines that the	10865
activities do not present such a threat, the chief shall revoke	10866
the suspension order. Notwithstanding any provision of this	10867
chapter, the owner may appeal a suspension order directly to the	10868
court of common pleas of the county in which the activity is	10869
located or, if in a coal bearing township, to the mine examining	10870
boardreclamation commission under section 1513.13 of the Revised	10871
Code.	10872

Sec. 1509.071.  (A) When the chief of the division of	10873
mineral resources management finds that an owner has failed to	10874
comply with the restoration requirements of section 1509.072,	10875
plugging requirements of section 1509.12, or permit provisions of	10876
section 1509.13 of the Revised Code, or rules and orders relating	10877
thereto, the chief shall make a finding of that fact and declare	10878
any surety bond filed to ensure compliance with those sections and	10879
rules forfeited in the amount set by rule of the chief. The chief	10880
thereupon shall certify the total forfeiture to the attorney	10881
general, who shall proceed to collect the amount of the	10882
forfeiture.	10883

In lieu of total forfeiture, the surety, at its option, may	10884
cause the well to be properly plugged and abandoned and the area	10885
properly restored or pay to the treasurer of state the cost of	10886
plugging and abandonment.	10887

(B) All moneys collected because of forfeitures of bonds as	10888
provided in this section shall be deposited in the state treasury	10889
to the credit of the oil and gas well fund created in section	10890
1509.02 of the Revised Code. The fund shall be expended by the	10891
chief for the following purposes in addition to the other purposes	10892
specified in that section:	10893

(1) In accordance with division (D) of this section, to plug	10894
wells or to restore the land surface properly as required in	10895
section 1509.072 of the Revised Code for which the bonds have been	10896
forfeited, for abandoned wells for which no funds are available to	10897
plug the wells in accordance with this chapter, or to use	10898
abandoned wells for the injection of oil or gas production wastes;	10899

(2) In accordance with division (E) of this section, to	10900
correct conditions that the chief reasonably has determined are	10901
causing imminent health or safety risks.	10902

Expenditures from the fund shall be made only for lawful	10903
purposes.	10904

(C)(1) Upon determining that the owner of a well has failed	10905
to properly plug and abandon it or to properly restore the land	10906
surface at the well site in compliance with the applicable	10907
requirements of this chapter and applicable rules adopted and	10908
orders issued under it or that a well is an abandoned well for	10909
which no funds are available to plug the well in accordance with	10910
this chapter, the chief shall do all of the following:	10911

(a) Determine from the records in the office of the county	10912
recorder of the county in which the well is located the identity	10913
of the owner of the land on which the well is located, the	10914
identity of the owner of the oil or gas lease under which the well	10915
was drilled or the identity of each person owning an interest in	10916
the lease, and the identities of the persons having legal title	10917
to, or a lien upon, any of the equipment appurtenant to the well;	10918

(b) Mail notice to the owner of the land on which the well	10919
is located informing the landowner that the well is to be plugged.	10920
If the owner of the oil or gas lease under which the well was	10921
drilled is different from the owner of the well or if any persons	10922
other than the owner of the well own interests in the lease, the	10923
chief also shall mail notice that the well is to be plugged to the	10924
owner of the lease or to each person owning an interest in the	10925
lease, as appropriate.	10926

(c) Mail notice to each person having legal title to, or a	10927
lien upon, any equipment appurtenant to the well, informing the	10928
person that the well is to be plugged and offering the person the	10929
opportunity to plug the well and restore the land surface at the	10930
well site at the person's own expense in order to avoid forfeiture	10931
of the equipment to this state.	10932

(2) If none of the persons described in division (C)(1)(c)	10933
of this section plugs the well within sixty days after the mailing	10934
of the notice required by that division, all equipment appurtenant	10935
to the well is hereby declared to be forfeited to this state	10936
without compensation and without the necessity for any action by	10937
the state for use to defray the cost of plugging and abandoning	10938
the well and restoring the land surface at the well site.	10939

(D) Expenditures from the fund for the purpose of division	10940
(B)(1) of this section shall be made in accordance with either of	10941
the following:	10942

(1) The expenditures may be made pursuant to contracts	10943
entered into by the chief with persons who agree to furnish all of	10944
the materials, equipment, work, and labor as specified and	10945
provided in such a contract. Agents or employees of persons	10946
contracting with the chief for the restoration, plugging, and	10947
injection projects may enter upon any land, public or private, for	10948
which a project has been approved by the controlling board and on	10949
which the well is located, for the purpose of performing the work.	10950
Prior to such entry, the chief shall give to the following persons	10951
written notice of the existence of a contract for a project to	10952
restore, plug, or inject oil or gas production wastes into a well,	10953
the names of the persons with whom the contract is made, and the	10954
date that the project will commence: the owner of the well, the	10955
owner of the land upon which the well is located, the owner or	10956
agents of adjoining land, and, if the well is located in the same	10957
township as or in a township adjacent to the excavations and	10958
workings of a mine and the owner or lessee of that mine has	10959
provided written notice identifying those townships to the chief	10960
at any time during the immediately preceding three years, the	10961
owner or lessee of the mine.	10962

The chief periodically shall submit project proposals under	10963
division (D)(1) of this section to the controlling board, together	10964
with benefit and cost data and other pertinent information.	10965
Expenditures from the fund for the purpose of division (D)(1) of	10966
this section may be made only for restoration, plugging, or	10967
injection projects that are approved by the controlling board, and	10968
expenditures for a particular project may not exceed any limits	10969
set by the board.	10970

(2)(a) The owner of the land on which a well is located who	10971
has received notice under division (C)(1)(b) of this section may	10972
plug the well and be reimbursed by the division for the reasonable	10973
cost of plugging the well. In order to plug the well, the	10974
landowner shall submit an application to the chief on a form	10975
prescribed by the chief and approved by the technical advisory	10976
council on oil and gas created in section 1509.38 of the Revised	10977
Code. The application, at a minimum, shall require the landowner	10978
to provide the same information as is required to be included in	10979
the application for a permit to plug and abandon under section	10980
1509.13 of the Revised Code. The application shall be accompanied	10981
by a copy of a proposed contract to plug the well prepared by a	10982
contractor regularly engaged in the business of plugging oil and	10983
gas wells. The proposed contract shall require the contractor to	10984
furnish all of the materials, equipment, work, and labor necessary	10985
to plug the well properly and shall specify the price for doing	10986
the work, including a credit for the equipment appurtenant to the	10987
well that was forfeited to the state through the operation of	10988
division (C)(2) of this section. The application also shall be	10989
accompanied by the permit fee required by section 1509.13 of the	10990
Revised Code unless the chief, in the chief's discretion, waives	10991
payment of the permit fee. The application constitutes an	10992
application for a permit to plug and abandon the well for the	10993
purposes of section 1509.13 of the Revised Code.	10994

(b) Within thirty days after receiving an application and	10995
accompanying proposed contract under division (D)(2)(a) of this	10996
section, the chief shall determine whether the plugging would	10997
comply with the applicable requirements of this chapter and	10998
applicable rules adopted and orders issued under it and whether	10999
the cost of the plugging under the proposed contract is	11000
reasonable. If the chief determines that the proposed plugging	11001
would comply with those requirements and that the proposed cost of	11002
the plugging is reasonable, the chief shall notify the landowner	11003
of that determination and issue to the landowner a permit to plug	11004
and abandon the well under section 1509.13 of the Revised Code.	11005
Upon approval of the application and proposed contract, the chief	11006
shall transfer ownership of the equipment appurtenant to the well	11007
to the landowner. The chief may disapprove an application	11008
submitted under division (D)(2)(a) of this section if the chief	11009
determines that the proposed plugging would not comply with the	11010
applicable requirements of this chapter and applicable rules	11011
adopted and orders issued under it, that the cost of the plugging	11012
under the proposed contract is unreasonable, or that the proposed	11013
contract is not a bona fide, arms length contract.	11014

(c) After receiving the chief's notice of the approval of	11015
the application and permit to plug and abandon a well under	11016
division (D)(2)(b) of this section, the landowner shall enter into	11017
the proposed contract to plug the well. The plugging shall be	11018
completed within one hundred eight days after the landowner	11019
receives the notice of approval and permit.	11020

(d) Upon determining that the plugging has been completed	11021
within the time required by division (D)(2)(c) of this section and	11022
has been completed in compliance with the applicable requirements	11023
of this chapter and applicable rules adopted and orders issued	11024
under it, the chief shall reimburse the landowner for the cost of	11025
the plugging as set forth in the proposed contract approved by the	11026
chief. The reimbursement shall be paid from the oil and gas well	11027
fund. If the chief determines that the plugging was not completed	11028
within the required time or was not completed in accordance with	11029
the applicable requirements, the chief shall not reimburse the	11030
landowner for the cost of the plugging, and the landowner or the	11031
contractor, as applicable, promptly shall transfer back to this	11032
state title to and possession of the equipment appurtenant to the	11033
well that previously was transferred to the landowner under	11034
division (D)(2)(b) of this section. If any such equipment was	11035
removed from the well during the plugging and sold, the landowner	11036
shall pay to the chief the proceeds from the sale of the	11037
equipment, and the chief promptly shall pay the moneys so received	11038
to the treasurer of state for deposit into the oil and gas well	11039
fund.	11040

The chief may establish an annual limit on the number of	11041
wells that may be plugged under division (D)(2) of this section or	11042
an annual limit on the expenditures to be made under that	11043
division.	11044

As used in division (D)(2) of this section, "plug" and	11045
"plugging" include the plugging of the well and the restoration of	11046
the land surface disturbed by the plugging.	11047

(E) Expenditures from the oil and gas well fund for the	11048
purpose of division (B)(2) of this section may be made pursuant to	11049
contracts entered into by the chief with persons who agree to	11050
furnish all of the materials, equipment, work, and labor as	11051
specified and provided in such a contract. The competitive	11052
bidding requirements of Chapter 153. of the Revised Code do not	11053
apply if the chief reasonably determines that correction of the	11054
applicable health or safety risk requires immediate action. The	11055
chief, designated representatives of the chief, and agents or	11056
employees of persons contracting with the chief under this	11057
division may enter upon any land, public or private, for the	11058
purpose of performing the work.	11059

(F) Contracts entered into by the chief under this section	11060
are not subject to either of the following:	11061

(1) Chapter 4115. of the Revised Code;

11062

(2) Section 153.54 of the Revised Code, except that the	11063
contractor shall obtain and provide to the chief as a bid guaranty	11064
a surety bond or letter of credit in an amount equal to ten per	11065
cent of the amount of the contract.	11066

(G) The owner of land on which a well is located who has	11067
received notice under division (C)(1)(b) of this section, in lieu	11068
of plugging the well in accordance with division (D)(2) of this	11069
section, may cause ownership of the well to be transferred to an	11070
owner who is lawfully doing business in this state and who has met	11071
the financial responsibility requirements established under	11072
section 1509.07 of the Revised Code, subject to the approval of	11073
the chief. The transfer of ownership also shall be subject to the	11074
landowner's filing the appropriate forms required under this	11075
chapter and providing to the chief sufficient information to	11076
demonstrate the landowner's or owner's right to produce a	11077
formation or formations. That information may include a deed, a	11078
lease, or other documentation of ownership or property rights.	11079

The chief shall approve or disapprove the transfer of	11080
ownership of the well. If the chief approves the transfer, the	11081
owner is responsible for operating the well in accordance with	11082
this chapter and rules adopted under it, including, without	11083
limitation, all of the following:	11084

(1) Filing an application with the chief under section	11085
1509.06 of the Revised Code if the owner intends to drill deeper	11086
or produce a formation that is not listed in the records of the	11087
division for that well;	11088

(2) Taking title to and possession of the equipment	11089
appurtenant to the well that has been identified by the chief as	11090
having been abandoned by the former owner;	11091

(3) Complying with all applicable requirements that are	11092
necessary to drill deeper, plug the well, or plug back the well.	11093

Sec. 1509.08.  Upon receipt of an application for a permit	11094
required by section 1509.05 of the Revised Code, or upon receipt	11095
of an application for a permit to plug and abandon under section	11096
1509.13 of the Revised Code, the chief of the division of mineral	11097
resources management shall determine whether the well is or is to	11098
be located in a coal bearing township.	11099

Whether or not the well is or is to be located in a coal	11100
bearing township, the chief, by order, may refuse to issue a	11101
permit required by section 1509.05 of the Revised Code to any	11102
applicant who at the time of applying for the permit is in	11103
material or substantial violation of this chapter or rules adopted	11104
or orders issued under it. The chief shall refuse to issue a	11105
permit to any applicant who at the time of applying for the permit	11106
has been found liable by a final nonappealable order of a court of	11107
competent jurisdiction for damage to streets, roads, highways,	11108
bridges, culverts, or drainways pursuant to section 4513.34 or	11109
5577.12 of the Revised Code until the applicant provides the chief	11110
with evidence of compliance with the order. No applicant shall	11111
attempt to circumvent this provision by applying for a permit	11112
under a different name or business organization name, by	11113
transferring responsibility to another person or entity, by	11114
abandoning the well or lease, or by any other similar act.	11115

If the well is not or is not to be located in a coal bearing	11116
township, or if it is to be located in a coal bearing township,	11117
but the landowner submits an affidavit attesting to ownership of	11118
the property in fee simple, including the coal, and has no	11119
objection to the well, the chief shall issue the permit.	11120

If the application to drill, reopen, or convert concerns a	11121
well that is or is to be located in a coal bearing township, the	11122
chief immediately shall notify the owner or lessee of any affected	11123
mine that the application has been filed and send to the owner or	11124
lessee two copies of the map accompanying the application setting	11125
forth the location of the well.	11126

If the owner or lessee objects to the location of the well or	11127
objects to any location within fifty feet of the original location	11128
as a possible site for relocation of the well, the owner or lessee	11129
shall notify the chief of the objection, giving the reasons for	11130
the objection and, if applicable, indicating on a copy of the map	11131
the particular location or locations within fifty feet of the	11132
original location to which the owner or lessee objects as a site	11133
for possible relocation of the well, within six days after the	11134
receipt of the notice. If the chief receives no objections from	11135
the owner or lessee of the mine within ten days after the receipt	11136
of the notice by the owner or lessee, or if in the opinion of the	11137
chief the objections offered by the owner or lessee are not	11138
sufficiently well founded, the chief immediately shall notify the	11139
owner or lessee of those findings. The owner or lessee may appeal	11140
the decision of the chief to the mine examining board created	11141
reclamation commission under section 1561.101513.13 of the	11142
Revised Code. The appeal shall be filed within fifteen days,	11143
notwithstanding provisions in divisions (A)(1) of section 1513.13	11144
of the Revised Code, to the contrary, from the date on which the	11145
owner or lessee receives the notice. If the appeal is not filed	11146
within that time, the chief immediately shall approve the	11147
application and issue the permit if the provisions of this chapter	11148
pertaining to the issuance of such a permit have been complied	11149
with.	11150

If the chief receives an objection from the owner or lessee	11151
of the mine as to the location of the well within ten days after	11152
receipt of the notice by the owner or lessee, and if in the	11153
opinion of the chief the objection is well founded, the chief	11154
shall disapprove the application and suggest a new location for	11155
the well, provided that the suggested new location shall not be a	11156
location within fifty feet of the original location to which the	11157
owner or lessee has objected as a site for possible relocation of	11158
the well if the chief has determined that the objection is well	11159
founded. The chief immediately shall notify the applicant for the	11160
permit of the disapproval and any suggestion as to a new location	11161
for the well. The applicant may withdraw the application or amend	11162
the application to drill the well at the location suggested by the	11163
chief, or the applicant may appeal the disapproval of the	11164
application by the chief to the mine examining boardreclamation	11165
commission.	11166

If the chief receives no objection from the owner or lessee	11167
of a mine as to the location of the well, but does receive an	11168
objection from the owner or lessee as to one or more locations	11169
within fifty feet of the original location as possible sites for	11170
relocation of the well within ten days after receipt of the notice	11171
by the owner or lessee, and if in the opinion of the chief the	11172
objection is well founded, the chief nevertheless shall approve	11173
the application and issue a permit if the provisions of this	11174
chapter pertaining to the issuance of such a permit have been	11175
complied with, incorporating as a term or condition of the permit	11176
that the applicant is prohibited from commencing drilling at any	11177
location within fifty feet of the original location that has been	11178
disapproved by the chief. The applicant may appeal to the mine	11179
examining boardreclamation commission the terms and conditions of	11180
the permit prohibiting the commencement of drilling at any such	11181
location disapproved by the chief.	11182

Any such appeal shall be filed within fifteen days,	11183
notwithstanding provisions in division (A)(1) of section 1513.13	11184
of the Revised Code to the contrary, from the date the applicant	11185
receives notice of the disapproval of the application, any other	11186
location within fifty feet of the original location, or terms or	11187
conditions of the permit, or the owner or lessee receives notice	11188
of the chief's decision. No approval or disapproval of an	11189
application shall be delayed by the chief for more than fifteen	11190
days from the date of sending the notice of the application to the	11191
mine owner or lessee as required by this section.	11192

All appeals provided for in this section shall be treated as	11193
expedited appeals. The mine examining boardreclamation	11194
commission shall hear any such appeal in accordance with section	11195
1561.531513.13 of the Revised Code and renderissue a decision	11196
within thirty days of the filing of the notice of appeal.	11197

The chief shall not issue a permit to drill a new well or	11198
reopen a well that is or is to be located within three hundred	11199
feet of any opening of any mine used as a means of ingress,	11200
egress, or ventilation for persons employed in the mine, nor	11201
within one hundred feet of any building or inflammable structure	11202
connected with the mine and actually used as a part of the	11203
operating equipment of the mine, unless the chief determines that	11204
life or property will not be endangered by drilling and operating	11205
the well in that location.	11206

Sec. 1509.11.  The owner of any well producing or capable of	11207
producing oil or gas shall file with the chief of the division of	11208
mineral resources management, on or before the fifteenthfirst day	11209
of AprilMarch, a statement of production of oil, gas, and brine	11210
for the last preceding calendar year in such form as the chief may	11211
prescribe. The chief shall include on the form, at the minimum, a	11212
request for the submittal of the information that a person who is	11213
regulated under this chapter is required to submit under the	11214
"Emergency Planning and Community Right-To-Know Act of 1986," 100	11215
Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under it,	11216
and that the division does not obtain through other reporting	11217
mechanisms.	11218

Sec. 1509.23. (A) Rules of the chief of the division of	11219
mineral resources management may specify practices to be followed	11220
in the drilling of wells and production of oil and gas for	11221
protection of public health or safety or to prevent damage to	11222
natural resources, including specification of devices, minimum	11223
distances that wells and other excavations, structures, and	11224
equipment shall be located from water wells, streets, roads,	11225
highways, railroad tracks, and buildings, other methods of	11226
operation, and procedures, methods, and equipment and other	11227
requirements for equipment to prevent and contain discharges of	11228
oil from oil production facilities and oil drilling and workover	11229
facilities consistent with and equivalent in scope, content, and	11230
coverage to section 311(j)(1)(c) of the "Federal Water Pollution	11231
Control Act Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251,	11232
as amended, and regulations adopted under it.	11233

(B) The chief, in consultation with the emergency response	11234
commission created in section 3750.02 of the Revised Code, shall	11235
adopt rules in accordance with Chapter 119. of the Revised Code	11236
that specify the information that shall be included in an	11237
electronic database that the chief shall create and host. The	11238
information shall be that which the chief considers to be	11239
appropriate for the purpose of responding to emergency situations	11240
that pose a threat to public health or safety or the environment.	11241
At the minimum, the information shall include that which a person	11242
who is regulated under this chapter is required to submit under	11243
the "Emergency Planning and Community Right-To-Know Act of 1986,"	11244
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	11245
it.	11246

In addition, the rules shall specify whether and to what	11247
extent the database and the information that it contains will be	11248
made accessible to the public. The rules shall ensure that the	11249
database will be made available via the internet or a system of	11250
computer disks to the emergency response commission and to every	11251
local emergency planning committee and fire department in this	11252
state.	11253

Sec. 1513.05.  There is hereby created a reclamation	11254
commission consisting of seven members appointed by the governor	11255
with the advice and consent of the senate. For the purposes of	11256
hearing appeals under section 1513.13 of the Revised Code that	11257
involve mine safety issues, the reclamation commission shall	11258
consist of two additional members appointed specifically for that	11259
function by the governor with the advice and consent of the	11260
senate. All terms of office shall be for five years, commencing	11261
on the twenty-ninth day of June and ending on the twenty-eighth	11262
day of June. Each member shall hold office from the date of	11263
appointment until the end of the term for which the appointment	11264
was made. Each vacancy occurring on the commission shall be	11265
filled by appointment within sixty days after the vacancy occurs.	11266
Any member appointed to fill a vacancy occurring prior to the	11267
expiration of the term for which the member's predecessor was	11268
appointed shall hold office for the remainder of such term. Any	11269
member shall continue in office subsequent to the expiration date	11270
of the member's term until the member's successor takes office, or	11271
until a period of sixty days has elapsed, whichever occurs first.	11272
Two	11273

Two of the appointees to the commission shall be persons who,	11274
at the time of their appointment, own and operate a farm or are	11275
retired farmers. Notwithstanding section 1513.04 of the Revised	11276
Code, one of the appointees to the commission shall be a person	11277
who, at the time of appointment, is the representative of an	11278
operator of a coal mine. One of the appointees to the commission	11279
shall be a person who, by reason of the person's previous	11280
vocation, employment, or affiliations, can be classed as a	11281
representative of the public. One of the appointees to the	11282
commission shall be a person who, by reason of previous training	11283
and experience, can be classed as one learned and experienced in	11284
modern forestry practices. One of the appointees to the	11285
commission shall be a person who, by reason of previous training	11286
and experience, can be classed as one learned and experienced in	11287
agronomy. One of the appointees to the commission shall be either	11288
a person who, by reason of previous training and experience, can	11289
be classed as one capable and experienced in earth-grading	11290
problems, or a civil engineer. Not more than four members shall	11291
be members of the same political party.	11292

The two additional members of the commission who are	11293
appointed specifically to hear appeals that involve mine safety	11294
issues shall be individuals who, because of previous vocation,	11295
employment, or affiliation, can be classified as representatives	11296
of employees currently engaged in mining operations. One shall be	11297
a representative of coal miners, and one shall be a representative	11298
of aggregates miners. Prior to making the appointment, the	11299
governor shall request the highest ranking officer in the major	11300
employee organization representing coal miners in this state to	11301
submit to the governor the names and qualifications of three	11302
nominees and shall request the highest ranking officer in the	11303
major employee organization representing aggregates miners in this	11304
state to do the same. The governor shall appoint one person	11305
nominated by each organization to the commission. The nominees	11306
shall have not less than five years of practical experience in	11307
dealing with mine health and safety issues and at the time of the	11308
nomination shall be employed in positions that involve the	11309
protection of the health and safety of miners. The major employee	11310
organization representing coal miners and the major employee	11311
organization representing aggregates miners shall represent a	11312
membership consisting of the largest number of coal miners and	11313
aggregates miners, respectively, in this state compared to other	11314
employee organizations in the year prior to the year in which the	11315
appointments are made.	11316

When the commission hears an appeal that involves a coal	11317
mining safety issue, one of the commission members who owns and	11318
operates a farm or is a retired farmer shall be replaced by the	11319
additional member who is a representative of coal miners. When	11320
the commission hears an appeal that involves an aggregates mining	11321
safety issue, one of the commission members who owns and operates	11322
a farm or is a retired farmer shall be replaced by the additional	11323
member who is a representative of aggregates miners. Neither of	11324
the additional members who are appointed specifically to hear	11325
appeals that involve mine safety issues shall be considered to be	11326
members of the commission for any other purpose, and they shall	11327
not participate in any other matters that come before the	11328
commission.	11329

The commission may appoint a secretary to hold office at its	11330
pleasure. A commission member may serve as secretary. The	11331
secretary shall perform such duties as the commission prescribes,	11332
and shall receive such compensation as the commission fixes in	11333
accordance with such schedules as are provided by law for the	11334
compensation of state employees.	11335

The commission shall appoint one or more hearing officers who	11336
shall be attorneys at law admitted to practice in this state to	11337
conduct hearings under this chapter.	11338

Four members constitute a quorum, and no action of the	11339
commission shall be valid unless it has the concurrence of at	11340
least four members. The commission shall keep a record of its	11341
proceedings.	11342

Each member shall be paid as compensation for work as a	11343
member one hundred fifty dollars per day when actually engaged in	11344
the performance of work as a member and when engaged in travel	11345
necessary in connection with such work. In addition to such	11346
compensation each member shall be reimbursed for all traveling,	11347
hotel, and other expenses, in accordance with the current travel	11348
rules of the office of budget and management, necessarily incurred	11349
in the performance of the member's work as a member.	11350

Annually one member shall be elected as chairperson and	11351
another member shall be elected as vice-chairperson for terms of	11352
one year.	11353

The governor may remove any member of the commission from	11354
office for inefficiency, neglect of duty, malfeasance,	11355
misfeasance, or nonfeasance, after delivering to the member the	11356
charges against the member in writing with at least ten days'	11357
written notice of the time and place at which the governor will	11358
publicly hear the member, either in person or by counsel, in	11359
defense of the charges against the member. If the member is	11360
removed from office, the governor shall file in the office of the	11361
secretary of state a complete statement of the charges made	11362
against the member and a complete report of the proceedings. The	11363
action of the governor removing a member from office is final.	11364

The commission shall adopt rules governing procedure of	11365
appeals under section 1513.13 of the Revised Code and may, for its	11366
own internal management, adopt rules whichthat do not affect	11367
private rights.	11368

Sec. 1513.10. If, at the end of a coal mining operation's	11369
permit or renewal period, the number of acres of land affected by	11370
the operation proves to be smaller than the number of acres of	11371
land for which the operator paid a permit fee for the operation	11372
under section 1513.07 of the Revised Code, the operator is	11373
entitled to a refund of the excess permit fee. The refund shall	11374
be in an amount equal to the amount paid per acre as a permit fee	11375
multiplied by the difference between the number of acres in the	11376
area of land affected as verified by the division of mineral	11377
resources management and the number of acres of land for which the	11378
operator paid a permit fee.	11379

Refunds shall be paid out of the reclamation fee fund,	11380
which is hereby created in the state treasury. The treasurer of	11381
state shall place forty thousand dollars from the fees collected	11382
under section 1513.07 of the Revised Code in the fund. As moneys	11383
are spent from the fund, the treasurer of state shall credit to	11384
the fund the amount that is needed to keep the balance of the fund	11385
at forty thousand dollars. The remainder of the fees collected	11386
under section 1513.07 of the Revised Code shall be deposited with	11387
the treasurer of state to the credit of the coal mining	11388
administration and reclamation reserve fund created in section	11389
1513.181 of the Revised Code.	11390

Sec. 1513.13.  (A)(1) A person having an interest that is or	11391
may be adversely affected by a finding or determination of the	11392
chief of the division of mineral resources management made under	11393
section 1509.08, 1561.35, 1561.351, 1563.13, or 6111.044 of the	11394
Revised Code or an investigation made by the chief under section	11395
1561.51 of the Revised Code may appeal to the mine examining board	11396
in accordance with those sections. Any other person having an	11397
interest that is or may be adversely affected by a notice of	11398
violation, order, or decision of the chief of the division of	11399
mineral resources management, other than a show cause order or an	11400
order that adopts a rule, or by any modification, vacation, or	11401
termination of such a notice, order, or decision, may appeal by	11402
filing a notice of appeal with the reclamation commission for	11403
review of the notice, order, or decision within thirty days after	11404
the notice, order, or decision is served upon the person or within	11405
thirty days after its modification, vacation, or termination and	11406
by filing a copy of the notice of appeal with the chief within	11407
three days after filing the notice of appeal with the commission.	11408
The notice of appeal shall contain a copy of the notice of	11409
violation, order, or decision complained of and the grounds upon	11410
which the appeal is based. The commission has exclusive original	11411
jurisdiction to hear and decide such appeals. The filing of a	11412
notice of appeal under division (A)(1) of this section does not	11413
operate as a stay of any order, notice of violation, or decision	11414
of the chief.	11415

(2) The permittee, the chief, and other interested persons	11416
shall be given written notice of the time and place of the hearing	11417
at least five days prior thereto. The hearing shall be of record.	11418

(3) Any person authorized under this section to appeal to	11419
the commission may request an informal review by the chief or the	11420
chief's designee by filing a written request with the chief within	11421
thirty days after a notice, order, decision, modification,	11422
vacation, or termination is served upon the person. Filing of the	11423
written request shall toll the time for appeal before the	11424
commission, but shall not operate as a stay of any order, notice	11425
of violation, or decision of the chief. The chief's determination	11426
of an informal review is appealable to the commission under this	11427
section.	11428

(B) The commission shall affirm the notice of violation,	11429
order, or decision of the chief unless the commission determines	11430
that it is arbitrary, capricious, or otherwise inconsistent with	11431
law; in that case the commission may modify the notice of	11432
violation, order, or decision or vacate it and remand it to the	11433
chief for further proceedings that the commission may direct.	11434

The commission shall conduct hearings and render decisions in	11435
a timely fashion, except that all of the following apply:	11436

(1) When the appeal concerns an order for the cessation of	11437
coal mining and reclamation operations issued pursuant to division	11438
(D)(1) or (2) of section 1513.02 of the Revised Code, the	11439
commission shall issue its written decision within thirty days	11440
after the receipt of the appeal unless temporary relief has been	11441
granted by the chairperson pursuant to division (C) of this	11442
section.	11443

(2) When the appeal concerns an application for a permit	11444
under division (I) of section 1513.07 of the Revised Code, the	11445
commission shall hold a hearing within thirty days after receipt	11446
of the notice of appeal and issue its decision within thirty days	11447
after the hearing.	11448

(3) When the appeal concerns a decision of the chief	11449
regarding release of bond under division (F) of section 1513.16 of	11450
the Revised Code, the commission shall hold a hearing within	11451
thirty days after receipt of the notice of appeal and issue its	11452
decision within sixty days after the hearing.	11453

(4) When the appeal concerns a decision of the chief	11454
regarding the location of a well in a coal bearing township under	11455
section 1509.08 of the Revised Code, the commission shall hold a	11456
hearing and issue its decision within thirty days after receipt of	11457
the notice of appeal.	11458

(C) The chairperson of the commission, under conditions the	11459
chairperson prescribes, may grant temporary relief the chairperson	11460
considers appropriate pending final determination of an appeal if	11461
all of the following conditions are met:	11462

(1) All parties to the appeal have been notified and given	11463
an opportunity for a hearing to be held in the locality of the	11464
subject site on the request for temporary relief and the	11465
opportunity to be heard on the request.	11466

(2) The person requesting relief shows that there is a	11467
substantial likelihood that the person will prevail on the merits.	11468

(3) The relief will not adversely affect public health or	11469
safety or cause significant imminent environmental harm to land,	11470
air, or water resources.	11471

The chairperson shall issue a decision expeditiously, except	11472
that when the applicant requests relief from an order for the	11473
cessation of coal mining and reclamation operations issued	11474
pursuant to division (D)(1) or (2) of section 1513.02 of the	11475
Revised Code, the decision shall be issued within five days after	11476
its receipt.	11477

Any party to an appeal filed with the commission who is	11478
aggrieved or adversely affected by a decision of the chairperson	11479
to grant or deny temporary relief under this section may appeal	11480
that decision to the commission. The commission may confine its	11481
review to the record developed at the hearing before the	11482
chairperson.	11483

The appeal shall be filed with the commission within thirty	11484
days after the chairperson issues the decision on the request for	11485
temporary relief. The commission shall issue a decision as	11486
expeditiously as possible, except that when the appellant requests	11487
relief from an order for the cessation of coal mining and	11488
reclamation operations issued pursuant to division (D)(1) or (2)	11489
of section 1513.02 of the Revised Code, the decision of the	11490
commission shall be issued within five days after receipt of the	11491
notice of appeal.	11492

The commission shall affirm the decision of the chairperson	11493
granting or denying temporary relief unless it determines that the	11494
decision is arbitrary, capricious, or otherwise inconsistent with	11495
law.	11496

(D) Following the issuance of an order to show cause as to	11497
why a permit should not be suspended or revoked pursuant to	11498
division (D)(3) of section 1513.02 of the Revised Code, the chief	11499
or a representative of the chief shall hold a public adjudicatory	11500
hearing after giving written notice of the time, place, and date	11501
thereof. The hearing shall be of record.	11502

Within sixty days following the public hearing, the chief	11503
shall issue and furnish to the permittee and all other parties to	11504
the hearing a written decision, and the reasons therefor,	11505
concerning suspension or revocation of the permit. If the chief	11506
revokes the permit, the permittee immediately shall cease coal	11507
mining operations on the permit area and shall complete	11508
reclamation within a period specified by the chief, or the chief	11509
shall declare as forfeited the performance bonds for the	11510
operation.	11511

(E)(1) Whenever an enforcement order or permit decision is	11512
appealed under this section or any action is filed under division	11513
(B) of section 1513.15 or 1513.39 of the Revised Code, at the	11514
request of a prevailing party, a sum equal to the aggregate amount	11515
of all costs and expenses, including attorney's fees, as	11516
determined to have been necessary and reasonably incurred by the	11517
prevailing party for or in connection with participation in the	11518
enforcement proceedings before the commission, the court under	11519
section 1513.15 of the Revised Code, or the chief under section	11520
1513.39 of the Revised Code, may be awarded, as considered proper,	11521
in accordance with divisions (E)(1)(a) to (c) of this section. In	11522
no event shall attorney's fees awarded under this section exceed,	11523
for the kind and quality of services, the prevailing market rates	11524
at the time the services were furnished under division (A) of this	11525
section. A party may be entitled to costs and expenses related	11526
solely to the preparation, defense, and appeal of a petition for	11527
costs and expenses, provided that the costs and expenses are	11528
limited and proportionate to costs and expenses otherwise allowed	11529
under division (E) of this section.	11530

(a) A party, other than the permittee or the division of	11531
mineral resources management, shall file a petition, if any, for	11532
an award of costs and expenses, including attorney's fees, with	11533
the chief, who shall review the petition. If the chief finds that	11534
the party, other than the permittee or the division, prevailed in	11535
whole or in part, made a substantial contribution to a full and	11536
fair determination of the issues, and made a contribution separate	11537
and distinct from the contribution made by any other party, the	11538
chief may award to that party the party's costs and expenses,	11539
including attorney's fees that were necessary and reasonably	11540
incurred by the party for, or in connection with, participation in	11541
the proceeding before the commission.	11542

(b) If a permittee who made a request under division (E)(1)	11543
of this section demonstrates that a party other than a permittee	11544
who initiated an appeal under this section or participated in such	11545
an appeal initiated or participated in the appeal in bad faith and	11546
for the purpose of harassing or embarrassing the permittee, the	11547
permittee may file a petition with the chief. The chief may award	11548
to the permittee the costs and expenses reasonably incurred by the	11549
permittee in connection with participation in the appeal and	11550
assess those costs and expenses against the party who initiated	11551
the appeal.	11552

(c) The division may file, with the commission, a request	11553
for an award to the division of the costs and expenses reasonably	11554
incurred by the division in connection with an appeal initiated	11555
under this section. The commission may assess those costs and	11556
expenses against the party who initiated the appeal if the	11557
division demonstrates that the party initiated or participated in	11558
the appeal in bad faith and for the purpose of harassing or	11559
embarrassing the division.	11560

(2) Whenever an order issued under this section or as a	11561
result of any administrative proceeding under this chapter is the	11562
subject of judicial review, at the request of any party, a sum	11563
equal to the aggregate amount of all costs and expenses, including	11564
attorney's fees, as determined by the court to have been necessary	11565
and reasonably incurred by the party for or in connection with	11566
participation in the proceedings, may be awarded to either party,	11567
in accordance with division (E)(1) of this section, as the court,	11568
on the basis of judicial review, considers proper.	11569

Sec. 1513.14.  (A) Any party aggrieved or adversely affected	11570
by a decision of the reclamation commission may appeal to the	11571
court of appeals for the county in which the activity addressed by	11572
the decision of the commission occurred, is occurring, or will	11573
occur, which court has exclusive jurisdiction over the appeal. The	11574
appeal shall be filed within thirty days of issuance of the	11575
decision of the commission. The court shall confine its review to	11576
the record certified by the commission. The court may, upon	11577
motion, grant such temporary relief as it deemsconsiders	11578
appropriate pending final disposition of the appeal if all of the	11579
following apply:	11580

(1) All parties to the appeal have been notified and given	11581
an opportunity to be heard on a request for temporary relief;.	11582

(2) The person requesting the relief shows that there is a	11583
substantial likelihood that the person will prevail on the merits;	11584
and.	11585

(3) The relief will not adversely affect public health or	11586
safety or the health or safety of miners or cause significant	11587
imminent environmental harm to land, air, or water resources.	11588

The court shall affirm the decision of the commission unless	11589
the court determines that it is arbitrary, capricious, or	11590
otherwise inconsistent with law, in which case the court shall	11591
vacate the decision and remand to the commission for such further	11592
proceedings as it may direct.	11593

(B) Any order of the chief of the division of mineral	11594
resources management adopting a rule shall be subject to judicial	11595
review in the Franklin county court of appeals, which court has	11596
exclusive original jurisdiction to review the order. A petition	11597
for review of the order shall be filed within thirty days from the	11598
date of such order. The petition may be made by any person who	11599
participated in the rule-making proceedings and who is aggrieved	11600
by the order. The court shall confine its review to the record of	11601
the rule-making proceedings. The order shall be affirmed unless	11602
the court concludes that the order is arbitrary, capricious, or	11603
otherwise inconsistent with law, in which case the court shall	11604
vacate the order or portion thereof and remand to the chief for	11605
such further proceedings as it may direct.	11606

Sec. 1514.11.  In addition to the purposes authorized in	11607
section 1514.06 of the Revised Code, the chief of the division of	11608
mineral resources management may use moneys in the surface mining	11609
fund created under that section for the administration and	11610
enforcement of this chapter, for the reclamation of land affected	11611
by surface mining under a permit issued under this chapter that	11612
the operator failed to reclaim and for which the performance bond	11613
filed by the operator is insufficient to complete the reclamation,	11614
and for the reclamation of land affected by surface mining that	11615
was abandoned and left unreclaimed and for which no permit was	11616
issued or bond filed under this chapter, and for the mine safety	11617
and first aid classes provided under division (C) of section	11618
1561.26 of the Revised Code. The chief, with the approval of the	11619
director of natural resources, annually shall determine the	11620
amounts to be expended for the mine safety and first aid classes.	11621
For purposes of this section, the chief shall expend moneys in the	11622
fund in accordance with the procedures and requirements	11623
established in section 1514.06 of the Revised Code and may enter	11624
into contracts and perform work in accordance with that section.	11625

Fees collected under sections 1514.02 and 1514.03 of the	11626
Revised Code, one-half of the moneys collected from the severance	11627
taxes levied under divisions (A)(3) and (4) of section 5749.02 of	11628
the Revised Code, and all of the moneys collected from the	11629
severance tax levied under division (A)(7) of section 5749.02 of	11630
the Revised Code shall be credited to the fund in accordance with	11631
those sections. Notwithstanding any section of the Revised Code	11632
relating to the distribution or crediting of fines for violations	11633
of the Revised Code, all fines imposed under section 1514.99 of	11634
the Revised Code shall be credited to the fund.	11635

Sec. 1517.05.  The department of natural resources, for and	11636
on behalf of the state, shall acquire a system of nature preserves	11637
for the following uses and purposes:	11638

(A) For scientific research in such fields as ecology,	11639
taxonomy, genetics, forestry, pharmacology, agriculture, soil	11640
science, geology, paleontology, conservation, and similar fields;	11641

(B) For the teaching of biology, natural history, ecology,	11642
geology, conservation, and other subjects;	11643

(C) As habitats for plant and animal species and communities	11644
and other natural objects;	11645

(D) As reservoirs of natural materials;

11646

(E) As places of natural interest and beauty;

11647

(F) For visitation whereby persons may observe and	11648
experience natural biotic and environmental systems of the earth	11649
and their processes;	11650

(G) To promote understanding and appreciation of the	11651
aesthetic, cultural, scientific, and spiritual values of such	11652
areas by the people of the state;	11653

(H) For the preservation and protection of nature preserves	11654
against modification or encroachment resulting from occupation,	11655
development, or other use whichthat would destroy their natural	11656
or aesthetic conditions.	11657

The director of natural resources, upon the advice and	11658
concurrence of the Ohio natural areas council, shall accept	11659
natural areas by articles of dedication or gift, provided that	11660
funds and services are available for their preservation and	11661
protection.	11662

A nature preserve is established when articles of dedication	11663
have been filed by or at the direction of the owner of land, or a	11664
governmental agency having ownership or control thereof, in the	11665
office of the county recorder of the county in which the land is	11666
located.	11667

Articles of dedication shall be executed by the owner of the	11668
land in the same manner and with the same effect as a conveyance	11669
of an interest in land and shall be irrevocable except as provided	11670
in this section. The county recorder may not accept articles of	11671
dedication for recording unless they have been accepted by the	11672
director of natural resources. The director may not accept	11673
articles of dedication unless they contain terms restricting the	11674
use of the land whichthat adequately provide for its preservation	11675
and protection against modification or encroachment resulting from	11676
occupation, development, or other use whichthat would destroy its	11677
natural or aesthetic conditions for one or more of the uses and	11678
purposes set forth in this section. Wherever possible and	11679
consistent with such preservation and protection of the land, the	11680
articles shall provide for public access in order that the maximum	11681
benefit be obtained for the uses and purposes stated in this	11682
section.	11683

Articles of dedication may contain provisions for the	11684
management, custody, and transfer of land, provisions defining the	11685
rights of the owner or operating agency, and the department, and	11686
such other provisions as may be necessary or advisable to carry	11687
out the uses and purposes for which the land is dedicated. They	11688
may contain conditions under which the owner and the director of	11689
natural resources may agree to rescind the articles.	11690

The attorney general, upon request of the director of natural	11691
resources, may bring an action for injunction in any court of	11692
competent jurisdiction to enforce the terms of articles of	11693
dedication.	11694

The department may make or accept amendments of any articles	11695
of dedication upon terms and conditions that the director of	11696
natural resources determines will not destroy the natural or	11697
aesthetic conditions of a preserve, including amendments that are	11698
in regard to a dedicated preserve not owned in fee simple by the	11699
department and that provide for the relocation of an existing	11700
easement, license, or right of way within the boundaries of the	11701
preserve if the relocation best serves to protect the natural or	11702
aesthetic condition of the preserve. If the fee simple interest in	11703
the area or preserve is not held by the state, no amendments shall	11704
be made without the written consent of the owner. Each amendment	11705
shall be recorded in the same manner as the articles of	11706
dedication.	11707

Sec. 1517.06. (A) Nature preserves dedicated under section	11708
1517.05 of the Revised Code are to be held in trust, for the uses	11709
and purposes set forth in that section 1517.05 of the Revised	11710
Code, for the benefit of the people of the state of present and	11711
future generations. They shall be managed and protected in the	11712
manner approved by, and subject to rules established by the chief	11713
of the division of natural areas and preserves. They shall not be	11714
taken for any other use except another public use after a finding	11715
by the department of natural resources of the existence of an	11716
imperative and unavoidable public necessity for such other public	11717
use and with the approval of the governor. Except as may	11718
otherwise be provided in the articles of dedication, the	11719
department may grant, upon such terms and conditions as it may	11720
determine, an estate, interest, or right in, or dispose of, a	11721
nature preserve, but only after a finding by the department of the	11722
existence of an imperative and unavoidable public necessity for	11723
suchthe grant or disposition and with the approval of the	11724
governor.	11725

(B) For purposes of this section, the relocation of an	11726
existing easement, license, or right of way within the boundaries	11727
of a preserve does not constitute the taking of land for another	11728
use. In addition, the relocation does not require a finding of the	11729
existence of an imperative and unavoidable public necessity by the	11730
department and does not require the approval of the governor.	11731

Sec. 1517.07. Before(A) Except as provided in division (B)	11732
of this section, before the department of natural resources makes	11733
any finding of the existence of an imperative and unavoidable	11734
public necessity, or grants any estate, interest, or right in a	11735
nature preserve or disposes of a nature preserve or of any estate,	11736
interest, or right therein as provided in section 1517.06 of the	11737
Revised Code, it shall give notice of suchthe proposed action and	11738
an opportunity for any person to be heard at a public hearing in	11739
the county in which the preserve is located. In the event the	11740
preserve is located in more than one county, the public hearing	11741
shall be held in the most populous county. SuchThe notice shall	11742
be published at least once in a newspaper with a general	11743
circulation in the county in which the nature preserve is located.	11744
The notice shall set forth the substance of the proposed action	11745
and describe, with or without legal description, the nature	11746
preserve affected, and shall specify a place and time not less	11747
than thirty days after suchthe publication for a public hearing	11748
before the department on suchthe proposed action. All persons	11749
desiring to be heard shall have a reasonable opportunity to be	11750
heard prior to action by the department on suchthe proposal.	11751

(B) A public hearing under this section is not required for	11752
the relocation of an existing easement, license, or right of way	11753
within the boundaries of a preserve.	11754

Sec. 1521.04.  The chief of the division of water, with the	11755
approval of the director of natural resources, may make loans and	11756
grants from the water management fund created in section 1501.32	11757
of the Revised Code to governmental agencies for water management,	11758
water supply improvements, and planning and may administer grants	11759
from the federal government and from other public or private	11760
sources for carrying out those functions and for the performance	11761
of any acts that may be required by the United States or by any	11762
agency or department thereof as a condition for the participation	11763
by any governmental agency in any federal financial or technical	11764
assistance program. Direct and indirect costs of administration	11765
may be paid from the water management fund.	11766

The chief may use the water management fund to acquire,	11767
construct, reconstruct, improve, equip, maintain, operate, and	11768
dispose of water management improvements. The chief may fix,	11769
alter, charge, and collect rates, fees, rentals, and other charges	11770
to be paid into the water management fund by governmental agencies	11771
and persons who are supplied with water by facilities constructed	11772
or operated by the department of natural resources in order to	11773
amortize and defray the cost of the construction, maintenance, and	11774
operation of those facilities. This section does not apply to the	11775
Burr Oak water system administered by the chief engineer of the	11776
department of natural resources under sections 1507.01 and 1507.12	11777
of the Revised Code.	11778

Sec. 1521.19. (A) There is hereby created the Ohio water	11779
resources council consisting of the directors of agriculture,	11780
development, environmental protection, health, natural resources,	11781
transportation, and the Ohio public works commission, the	11782
chairperson of the public utilities commission of Ohio, the	11783
executive directors of the state and local government commission	11784
of Ohio and the Ohio water development authority, and an executive	11785
assistant in the office of the governor appointed by the governor.	11786
The governor shall appoint one of the members of the council to	11787
serve as its chairperson. The council may adopt bylaws that are	11788
necessary for the implementation of this section. The council	11789
shall provide a forum for policy development, collaboration and	11790
coordination among state agencies, and strategic direction with	11791
respect to state water resource programs. The council shall be	11792
assisted in its functions by a state agency coordinating group and	11793
an advisory group as provided in this section.	11794

(B) The state agency coordinating group shall consist of the	11795
executive director of the Ohio Lake Erie commission and a member	11796
or members from each state agency, commission, and authority	11797
represented on the council, to be appointed by the applicable	11798
director, chairperson, or executive director. However, the	11799
environmental protection agency shall be represented on the group	11800
by the chiefs of the divisions within that agency having	11801
responsibility for surface water programs and drinking and ground	11802
water programs, and the department of natural resources shall be	11803
represented on the group by the chief of the division of water	11804
and the chief of the division of soil and water conservation. The	11805
chairperson of the council shall appoint a leader of the state	11806
agency coordinating group. The group shall provide assistance to	11807
and perform duties on behalf of the council as directed by the	11808
council.	11809

(C) The advisory group shall consist of not more than twenty	11810
members, each representing an organization or entity with an	11811
interest in water resource issues. The council shall appoint the	11812
members of the advisory group. Of the initial appointments, not	11813
more than ten members shall be appointed for one-year terms, and	11814
not more than ten members shall be appointed for two-year terms.	11815
Thereafter, all advisory group members shall serve two-year terms.	11816
Members may be reappointed. Each member shall hold office from	11817
the date of the member's appointment until the end of the member's	11818
term. A member shall continue in office subsequent to the	11819
expiration date of the member's term until the member's successor	11820
takes office or until a period of sixty days has elapsed,	11821
whichever occurs first. The council may remove a member for	11822
misfeasance, nonfeasance, or malfeasance in office. The council	11823
shall appoint members to fill any vacancies on the group. A	11824
member appointed to fill a vacancy shall hold office for the	11825
remainder of the term for which that member was appointed.	11826

The chairperson of the council shall appoint a chairperson of	11827
the advisory group. The advisory group shall advise the council	11828
on water resources issues addressed by the council.	11829

(D) There is hereby created in the state treasury the Ohio	11830
water resources council fund. The department of natural resources	11831
shall serve as the fiscal agent for the fund. The departments of	11832
agriculture, development, environmental protection, health,	11833
natural resources, and transportation shall transfer moneys to the	11834
fund in equal amounts via intrastate transfer voucher. The public	11835
utilities commission of Ohio, Ohio public works commission, state	11836
and local government commission of Ohio, and Ohio water	11837
development authority may transfer moneys to the fund. If a	11838
voluntary transfer of moneys is made to the fund, the portion that	11839
is required to be transferred by the departments of agriculture,	11840
development, environmental protection, health, natural resources,	11841
and transportation may be equally reduced. Moneys in the fund	11842
shall be used to pay the operating expenses of the Ohio water	11843
resources council, including those specified in division (E) of	11844
this section.	11845

(E) The Ohio water resources council may hire staff to	11846
support its activities. The council may enter into contracts and	11847
agreements with state agencies, political subdivisions, and	11848
private entities to assist in accomplishing its objectives.	11849
Advisory group members shall be reimbursed for expenses	11850
necessarily incurred in the performance of their duties pursuant	11851
to section 126.31 of the Revised Code and any applicable rules	11852
pertaining to travel reimbursement adopted by the office of budget	11853
and management.	11854

Sec. 1531.35.  The wildlife boater angler fund is hereby	11855
created in the state treasury. The fund shall consist of money	11856
credited to the fund pursuant to section 5735.051 of the Revised	11857
Code and other money contributed to the division of wildlife for	11858
the purposes of the fund. The fund mayshall be used for boating	11859
access construction, capital improvements, grant programs for	11860
boating and fishing access, maintenance, and developmenton lakes	11861
on which the operation of gasoline-powered watercraft is	11862
permissible.	11863

Sec. 1533.13.  Hunting and fishing licenses, wetlands habitat	11864
stamps, deer and wild turkey permits, and fur taker permits shall	11865
be issued by the clerk of the court of common pleas, village and	11866
township clerks, and other authorized agents designated by the	11867
chief of the division of wildlife. When required by the chief, a	11868
clerk or agent shall give bond in the manner provided by the	11869
chief. All bonds, reports, except records prescribed by the	11870
auditor of state, and moneys received by those persons shall be	11871
handled under rules adopted by the director of natural resources.	11872

The premium of any fidelity bond prescribed under section	11873
9.832 of the Revised Code or of any bond prescribed by the chief	11874
under this section may be paid by the chief. Any person who is	11875
designated and authorized by the chief to issue licenses, stamps,	11876
and permits as provided in this section, except the clerk of the	11877
court of common pleas and the village and township clerks, shall	11878
pay to the chief a premium in an amount that represents the	11879
person's portion of the premium paid by the chief under this	11880
section, which amount shall be established by the chief and	11881
approved by the wildlife council created under section 1531.03 of	11882
the Revised Code. The chief shall pay all moneys that the chief	11883
receives as premiums under this section into the state treasury to	11884
the credit of the wildlife fund created under section 1531.17 of	11885
the Revised Code.	11886

Every authorized agent, for the purpose of issuing hunting	11887
and fishing licenses, deer and wild turkey permits, and fur taker	11888
permits, may administer oaths to and take affidavits from	11889
applicants for the licenses or permits when required. An	11890
authorized agent may appoint deputies to perform any acts that the	11891
agent is authorized to perform, consistent with division rules.	11892

Every applicant for a hunting or fishing license, deer or	11893
wild turkey permit, or fur taker permit, unless otherwise provided	11894
by division rule, shall make and subscribe an affidavit setting	11895
forth the applicant's name, age, weight, height, occupation, place	11896
of residence, personal description, and citizenship. The clerk or	11897
other agent authorized to issue licenses and permits shall charge	11898
each applicant a fee of one dollar for taking the affidavit and	11899
issuing the license or permit. The application, license, permit,	11900
and other blanks required by this section shall be prepared and	11901
furnished by the chief, in such form as the chief provides, to the	11902
clerk or other agent authorized to issue them. The licenses and	11903
permits shall be issued to applicants by the clerk or other agent.	11904
The record of licenses and permits kept by the clerk and other	11905
authorized agents shall be uniform throughout the state and in	11906
such form or manner as the auditor of state prescribes and shall	11907
be open at all reasonable hours to the inspection of any person.	11908
Unless otherwise provided by division rule, each hunting license,	11909
deer or wild turkey permit, and fur taker permit issued shall	11910
remain in force until midnight of the thirty-first day of August	11911
next ensuing. Application for any such license or permit may be	11912
made and a license or permit issued prior to the date upon which	11913
it becomes effective.	11914

The chief may require an applicant who wishes to purchase a	11915
license, stamp, or permit by mail or telephone to pay a nominal	11916
fee for postage and handling.	11917

The court before whom a violator of any laws or division	11918
rules for the protection of wild animals is tried, as a part of	11919
the punishment, shall revoke the license, stamp, or permit of any	11920
person convicted. The license, stamp, or permit fee paid by that	11921
person shall not be returned to the person. The person shall not	11922
procure or use any other license, stamp, or permit or engage in	11923
hunting wild animals or trapping fur-bearing animals during the	11924
period of revocation as ordered by the court.	11925

No person under sixteen years of age shall engage in hunting	11926
unless accompanied by the person's parent or another adult person.	11927

Sec. 1547.67.  The division of watercraft, with the approval	11928
of the director of natural resources, may expend, for the purpose	11929
of assisting political subdivisions, conservancy districts, and	11930
state departments to establish or maintain and operate a marine	11931
patrol for the purpose of enforcing this chapter and Chapter 1548.	11932
of the Revised Code and rules adopted under them and to provide	11933
emergency response to boating accidents on the water, such funds	11934
as are appropriated by the general assembly for that purpose and,	11935
in addition, such moneys from the waterways safety fund	11936
established in section 1547.75 of the Revised Code as determined	11937
to be necessary by the division not to exceed ten per cent of all	11938
moneys accruing to the fund. In no case shall the grant to a	11939
political subdivision, conservancy district, or state department,	11940
not including the department of natural resources, total more than	11941
thirtythirty-five thousand dollars in a calendar year. Moneys so	11942
allocated may be used for the purchase, maintenance, and operation	11943
of vessels and marine equipment, educational materials, and	11944
personnel salaries that are necessary for enforcement of this	11945
chapter and Chapter 1548. of the Revised Code and rules adopted	11946
under them and to provide emergency response to boating accidents	11947
on the water.	11948

The division shall disburse the moneys as provided in this	11949
section in accordance with its determination of need in the	11950
enforcement of this chapter and Chapter 1548. of the Revised Code	11951
and rules adopted under them and shall disburse those moneys only	11952
on a cost share basis to supplement funds allocated by a political	11953
subdivision, conservancy district, or state department for that	11954
purpose. A grantee shall provide at least twenty-five per cent of	11955
the total program cost.	11956

Sec. 1561.05.  The laws relating to mines and mining and	11957
duties and functions of the division of mineral resources	11958
management shall be administered by the chief of the division of	11959
mineral resources management, and through and by deputy mine	11960
inspectors. If a vacancy occurs in the office of a deputy mine	11961
inspector, it may be filled by the chief, who shall select a	11962
qualified person from the eligible list certified to the chief by	11963
the mine examining board for deputy mine inspectors that is	11964
prepared under section 124.24 of the Revised Code.	11965

The chief shall adopt, in accordance with Chapter 119. of the	11966
Revised Code, all necessary rules for conducting examinations and	11967
for governing all other matters requisite to the exercise of the	11968
chief's powers and the performance of the chief's duties under	11969
this chapter and Chapters 1509., 1563., 1565., and 1567. of the	11970
Revised Code relating to mines and mining.	11971

Sec. 1561.07.  The mining laws of this state shall extend to	11972
and govern the operation of clay mines and clay stripping pits in	11973
so far as such laws are applicable thereto. The chief of the	11974
division of mineral resources management shall adopt, publish, and	11975
enforce specific rules particularly applicable to clay mining	11976
operations to safeguard life and property in the clay mining	11977
industry and to secure safe and sanitary working conditions in	11978
such clay mines and clay stripping pits.	11979

Such rules adopted by the chief shall provide that:

11980

(A) Distances between break-throughs in clay mines shall not	11981
exceed one hundred feet, unless permission in special cases is	11982
granted by the chief, after maps have been filed with the chief	11983
showing the method of working and ventilating the same, if such	11984
distances would add to increased safety.	11985

(B) When, in the opinion of the mine foreperson or deputy	11986
mine inspector, line brattices or other approved methods of	11987
circulation are necessary to deliver sufficient air to the working	11988
face, they shall be provided by the owner, operator, or lessee.	11989

(C) Not more than a two days' supply of explosives shall be	11990
stored in a clay mine at any one time, and not more than one	11991
hundred pounds of explosives shall be stored in any one place at	11992
any one time.	11993

(D) Charges of explosives shall be made up at least one	11994
hundred feet away from any storage place for explosives.	11995

(E) There shall be no less than two persons in each working	11996
place when shots are being lighted.	11997

(F) Misfired shots in clay mines shall be posted on the	11998
bulletin board or other conspicuous place available for	11999
examination by the workers when shots are fired by other than the	12000
loaders.	12001

(G) The use of electric blasting caps shall be encouraged as	12002
a safety measure.	12003

The chief, in assigning deputy mine inspectors, shall	12004
designate inspectors who have had experience and are especially	12005
qualified in clay mining operations, to examine and inspect clay	12006
mining operations and enforce the law relating to such operations.	12007

The mine examining boardchief, in conducting examinations	12008
and issuing certificates for mine forepersons, shall in its rules	12009
provide by rules adopted under section 1561.05 of the Revised Code	12010
for the examination of applicants for certificates as mine	12011
forepersons in a clay mine or clay stripping pits to test the	12012
applicant on experience and fitness on the problems and duties	12013
peculiar to the clay mining industry. An applicant for a	12014
certificate as a clay mine foreperson shall have at least three	12015
years' experience in mining operations.	12016

Sec. 1561.11.  The mine examining boardchief of the division	12017
of mineral resources management, for the purpose of conducting the	12018
examinations for mine foremenforepersons and fire bosses, may	12019
designate one or more examining boards of three members, selected	12020
from among the deputy mine inspectors, superintendent and	12021
assistant superintendents of rescue stations, and electrical	12022
inspectors. The examinations shall be conducted in the district	12023
of the applicant's residence or as near thereto as practicable.	12024
Grading and issuance of certificates shall be done by the board	12025
chief.	12026

Sec. 1561.12.  An applicant for any examination or	12027
certificate under this section shall, before being examined,	12028
register histhe applicant's name with the mine examining board	12029
chief of the division of mineral resources management and file	12030
with the boardchief an affidavit as to all matters of fact	12031
establishing histhe applicant's right to receive the examination,	12032
a certificate of good character and temperate habits signed by at	12033
least three reputable citizens of the community in which hethe	12034
applicant resides, and a certificate from a reputable and	12035
disinterested physician as to the physical condition of such	12036
applicant showing that hethe applicant is physically capable of	12037
performing the duties of the office or position.	12038

Each applicant for examination for any of the following	12039
positions shall present evidence satisfactory to the boardchief	12040
that hethe applicant has been a resident and citizen of this	12041
state for two years next preceding the date of application:	12042

(A) An applicant for the position of deputy mine inspector	12043
of underground mines shall have had actual practical experience of	12044
not less than six years, at least two of which shall have been in	12045
the underground workings of coal mines in this state. In the case	12046
of an applicant who would inspect underground coal mines, the two	12047
years shall consist of actual practical experience in underground	12048
coal mines. In the case of an applicant who would inspect noncoal	12049
mines, the two years shall consist of actual practical experience	12050
in noncoal mines. In lieu of two years of the actual practical	12051
experience required, the boardchief may accept as the equivalent	12052
thereof a certificate evidencing graduation from an accredited	12053
school of mines or mining, after a four-year course of study, but	12054
such credit shall not apply as to the two years' actual practical	12055
experience required in the coal mines in this state.	12056

HeThe applicant shall pass an examination as to histhe	12057
applicant's practical and technological knowledge of mine	12058
surveying, mining machinery, and appliances; the proper	12059
development and operation of mines; the best methods of working	12060
and ventilating mines; the nature, properties, and powers of	12061
noxious, poisonous, and explosive gases, particularly methane; the	12062
best means and methods of detecting, preventing, and removing the	12063
accumulation of such gases; the use and operation of gas detecting	12064
devices and appliances; first aid to the injured; and the uses and	12065
dangers of electricity as applied and used in, at, and around	12066
mines. Such applicant shall also hold a certificate for foreman	12067
foreperson of gaseous mines issued by the mine examining board	12068
chief.	12069

(B) An applicant for the position of deputy mine inspector	12070
of surface mines shall have had actual practical mining experience	12071
of not less than six years, at least two of which shall have been	12072
in surface coal mines in this state. In lieu of two years of the	12073
actual practical experience required, the boardchief may accept	12074
as the equivalent thereof a certificate evidencing graduation from	12075
an accredited school of mines or mining, after a four-year course	12076
of study, but that credit shall not apply as to the two years'	12077
actual practical experience required in the coal mines in this	12078
state. The applicant shall pass an examination as to histhe	12079
applicant's practical and technological knowledge of surface mine	12080
surveying, machinery, and appliances; the proper development and	12081
operations of surface mines; first aid to the injured; and the use	12082
and dangers of explosives and electricity as applied and used in,	12083
at, and around surface mines. The applicant shall also hold a	12084
surface mine foremanforeperson certificate issued by the mine	12085
examining boardchief.	12086

(C) An applicant for the position of electrical inspector	12087
shall have had at least five years' practical experience in the	12088
installation and maintenance of electrical circuits and equipment	12089
in mines, and hethe applicant shall be thoroughly familiar with	12090
the principles underlying the safety features of permissible and	12091
approved equipment as authorized and used in mines.	12092

HeThe applicant shall be required to pass the examination	12093
required for deputy mine inspectors and an examination testing and	12094
determining histhe applicant's qualification and ability to	12095
competently inspect and administer the mining law whichthat	12096
relates to electricity used in and around mines and mining in this	12097
state.	12098

(D) An applicant for the position of superintendent or	12099
assistant superintendent of rescue stations shall possess the same	12100
qualifications as those required for a deputy mine inspector. In	12101
addition, hethe applicant shall present evidence satisfactory to	12102
the boardchief that hethe applicant is sufficiently qualified	12103
and trained to organize, supervise, and conduct group training	12104
classes in first aid, safety, and rescue work.	12105

HeThe applicant shall pass the examination required for	12106
deputy mine inspectors and shall be tested as to histhe	12107
applicant's practical and technological experience and training in	12108
first aid, safety, and mine rescue work.	12109

(E) An applicant for the position of mine chemist shall have	12110
such educational training as is represented by the degree MS in	12111
chemistry from a university of recognized standing, and at least	12112
five years of actual practical experience in research work in	12113
chemistry or as an assistant chemist. The boardchief may provide	12114
that an equivalent combination of education and experience	12115
together with a wide knowledge of the methods of and skill in	12116
chemical analysis and research may be accepted in lieu of the	12117
above qualifications. It is preferred that such chemist shall	12118
have had actual experience in mineralogy and metallurgy.	12119

(F) An applicant for the position of gas storage well	12120
inspector shall possess the same qualifications as an applicant	12121
for the position of deputy mine inspector and shall have a	12122
practical knowledge and experience of and in the operation,	12123
location, drilling, maintenance, and abandonment of oil and gas	12124
wells, especially in coal or mineral bearing townships, and shall	12125
have a thorough knowledge of the latest and best method of	12126
plugging and sealing abandoned oil and gas wells.	12127

Such applicant for gas storage well inspector shall pass an	12128
examination conducted by the boardchief to determine histhe	12129
applicant's fitness to act as a gas storage well inspector before	12130
being eligible for appointment.	12131

Sec. 1561.13.  The mine examining boardchief of the division	12132
of mineral resources management shall conduct examinations for	12133
offices and positions in the division of mineral resources	12134
management, and for mine forepersons, mine electricians, shot	12135
firers, surface mine blasters, and fire bosses, as follows:	12136

(A) Division of mineral resources management:

12137

(1) Deputy mine inspectors of underground mines;

12138

(2) Deputy mine inspectors of surface mines;

12139

(3) Electrical inspectors;

12140

(4) Superintendent of rescue stations;

12141

(5) Assistant superintendents of rescue stations;

12142

(6) Mine chemists at a division laboratory if the chief of	12143
the division of mineral resources management chooses to operate a	12144
laboratory;	12145

(7) Gas storage well inspector.

12146

(B) Mine forepersons:

12147

(1) Mine foreperson of gaseous mines;

12148

(2) Mine foreperson of nongaseous mines;

12149

(3) Mine foreperson of surface mines.

12150

(C) Forepersons:

12151

(1) Foreperson of gaseous mines;

12152

(2) Foreperson of nongaseous mines;

12153

(3) Foreperson of surface maintenance facilities at	12154
underground or surface mines;	12155

(4) Foreperson of surface mines.

12156

(D) Fire bosses.

12157

(E) Mine electricians.

12158

(F) Surface mine blasters.

12159

(G) Shot firers.

12160

The board shall hold such meetings as are necessary for the	12161
proper discharge of its duties.	12162

The boardchief annually shall meet annually at the capitol,	12163
as prescribed by its rules,provide for the examination of	12164
candidates for appointment or promotion as deputy mine inspectors	12165
and such other positions and offices set forth in division (A) of	12166
this section as are necessary. Special examinations may be held	12167
whenever it becomes necessary to make appointments to any of those	12168
positions.	12169

ForThe chief shall provide for the examination of persons	12170
seeking certificates of competency as mine forepersons,	12171
forepersons, mine electricians, shot firers, surface mine	12172
blasters, and fire bosses, the board shall hold meetings,	12173
quarterly or more often as required, at such times and places	12174
within the state as shall, in the judgment of the memberschief,	12175
afford the best facilities to the greatest number of applicants.	12176
Public notice shall be given through the press or otherwise, not	12177
less than ten days in advance, announcing the time and place at	12178
which examinations under this section are to be held.	12179

The examinations provided for in this section shall be	12180
conducted under rules adopted under section 1561.05 of the Revised	12181
Code and conditions prescribed by the boardchief. Such rules	12182
shall be made a part of the permanent record of the board, and	12183
such of them asAny rules that relate to particular candidates	12184
shall, upon application of any candidate, be furnished to the	12185
candidate by the boardchief; they shall also be of uniform	12186
application to all candidates in the several groups.	12187

Sec. 1561.14.  A person who applies for a certificate as a	12188
mine electrician shall be able to read and write the English	12189
language, and prior to the date of the application for examination	12190
either shall have had at least one year's experience in performing	12191
electrical work underground in a coal mine, in the surface work	12192
area of an underground coal mine, in a surface coal mine, or in a	12193
noncoal mine, or shall have had such experience as the mine	12194
examining boardchief of the division of mineral resources	12195
management determines to be equivalent. Each applicant for	12196
examination shall pay a fee of ten dollars to the boardchief on	12197
the first day of the examination. Any moneys collected under this	12198
section shall be paid into the state treasury to the credit of the	12199
mining regulation fund created in section 1561.48 of the Revised	12200
Code.	12201

Sec. 1561.15.  An applicant for a certificate as mine foreman	12202
foreperson, foremanforeperson, mine electrician, shot firer,	12203
surface mine blaster, or fire boss shall apply to the mine	12204
examining boardchief of the division of mineral resources	12205
management for examination and shall be examined by the board	12206
chief. This shall be a practical examination, a substantial part	12207
of which shall be oral, to determine the competency of the	12208
applicant, based on experience and practical knowledge of the	12209
dangers incident to coal mining, and not upon technical education,	12210
but consideration shall be given such technical education as the	12211
applicant possesses. This examination shall be held as soon after	12212
application is made as practicable in the district from which the	12213
applicant makes application.	12214

Sec. 1561.16.  (A) As used in this section and sections	12215
1561.17 to 1561.21 of the Revised Code, "actual practical	12216
experience" means previous employment that involved a person's	12217
regular presence in the type of mining operation in which the	12218
experience is required to exist; participation in functions	12219
relating to the hazards involved in and the utilization of	12220
equipment, tools, and work crews and individuals for that type of	12221
mining; and regular exposure to the methods, procedures, and	12222
safety laws applicable to that type of mining. Credit of up to	12223
one year for a portion of the required experience time may be	12224
given upon documentation to the mine examining boardchief of the	12225
division of mineral resources management of an educational degree	12226
in a field related to mining. Credit of up to two years of the	12227
required experience time may be given upon presentation to the	12228
mine examining boardchief of proof of graduation from an	12229
accredited school of mines or mining after a four-year course of	12230
study with employment in the mining industry during interim breaks	12231
during the school years.	12232

(B) A person who applies for a certificate as a mine foreman	12233
foreperson of gaseous mines shall be able to read and write the	12234
English language; shall have had at least five years' actual	12235
practical experience in the underground workings of a gaseous mine	12236
or the equivalent thereof in the judgment of the mine examining	12237
boardchief; and shall have had practical experience obtained by	12238
actual contact with gas in mines and have knowledge of the dangers	12239
and nature of noxious and explosive gases and ventilation of	12240
gaseous mines. An applicant for a certificate as a foreman	12241
foreperson of gaseous mines shall meet the same requirements,	12242
except that the applicant shall have had at least three years'	12243
actual practical experience in the underground workings of a	12244
gaseous mine or the equivalent thereof in the judgment of the mine	12245
examining boardchief. Each applicant for examination shall pay a	12246
fee of ten dollars to the boardchief on the first day of such	12247
examination. Any moneys collected under this section shall be	12248
paid into the state treasury to the credit of the mining	12249
regulation fund created in section 1561.48 of the Revised Code.	12250

Sec. 1561.17.  A person who applies for a certificate as mine	12251
foremanforeperson or foremanforeperson of nongaseous mines shall	12252
be able to read and write the English language; shall have had at	12253
least three years' actual practical experience in mines, or the	12254
equivalent thereof in the judgment of the mine examining board	12255
chief of the division of mineral resources management; and shall	12256
have knowledge of the dangers and nature of noxious gases. Each	12257
applicant for examination shall pay a fee of ten dollars to the	12258
boardchief on the first day of the examination. Any moneys	12259
collected under this section shall be paid into the state treasury	12260
to the credit of the mining regulation fund created in section	12261
1561.48 of the Revised Code.	12262

Sec. 1561.18.  A person who applies for a certificate as a	12263
foremanforeperson of surface maintenance facilities at	12264
underground or surface mines shall be able to read and write the	12265
English language and shall have had at least three years' actual	12266
practical experience in or around the surface maintenance	12267
facilities of underground or surface mines or the equivalent	12268
thereof in the judgment of the mine examining boardchief of the	12269
division of mineral resources management. Each applicant for	12270
examination shall pay a fee of ten dollars to the boardchief on	12271
the first day of the examination. Any moneys collected under this	12272
section shall be paid into the state treasury to the credit of the	12273
mining regulation fund created in section 1561.48 of the Revised	12274
Code.	12275

Sec. 1561.19.  A person who applies for a certificate as a	12276
mine foremanforeperson of surface mines shall be able to read and	12277
write the English language and shall have had at least five years'	12278
actual practical experience in surface mines. An applicant for a	12279
certificate as a foremanforeperson of surface mines shall meet	12280
the same requirements, except that the applicant shall have had at	12281
least three years' actual practical experience in surface mines or	12282
the equivalent thereof in the judgment of the mine examining board	12283
chief of the division of mineral resources management. Each	12284
applicant for examination shall pay a fee of ten dollars to the	12285
boardchief on the first day of the examination. Any moneys	12286
collected under this section shall be paid into the state treasury	12287
to the credit of the mining regulation fund created in section	12288
1561.48 of the Revised Code.	12289

Sec. 1561.20.  A person who applies for a certificate as a	12290
surface mine blaster shall be able to read and write the English	12291
language; shall have had at least one year's actual practical	12292
experience in surface mines or the equivalent thereof in the	12293
judgment of the mine examining boardchief of the division of	12294
mineral resources management; shall have knowledge of the dangers	12295
and nature of the use of explosives, related equipment, and	12296
blasting techniques; and shall have knowledge of safety laws and	12297
rules, including those related to the storage, use, and	12298
transportation of explosives. Each applicant for examination	12299
shall pay a fee of ten dollars to the boardchief on the first day	12300
of the examination. Any moneys collected under this section shall	12301
be paid into the state treasury to the credit of the mining	12302
regulation fund created in section 1561.48 of the Revised Code.	12303

Sec. 1561.21.  A person who applies for a certificate as a	12304
shot firer shall be able to read and write the English language;	12305
shall have had at least one year's actual practical experience in	12306
the underground workings of mines or the equivalent thereof in the	12307
judgment of the mine examining boardchief of the division of	12308
mineral resources management; shall have knowledge of the dangers	12309
and nature of noxious and explosive gases; shall have knowledge of	12310
the dangers and nature of the use of explosives, related	12311
equipment, and blasting techniques; and shall have knowledge of	12312
safety laws and rules, including those related to the underground	12313
storage, use, and transportation of explosives. Each applicant	12314
for examination shall pay a fee of ten dollars to the boardchief	12315
on the first day of the examination. Any moneys collected under	12316
this section shall be paid into the state treasury to the credit	12317
of the mining regulation fund created in section 1561.48 of the	12318
Revised Code.	12319

Any person who possesses a mine foremanforeperson or foreman	12320
foreperson certificate issued by the mine examining boardchief	12321
shall be considered certified as a shot firer.	12322

Sec. 1561.22.  A person who applies for a certificate as fire	12323
boss shall be able to read and write the English language; shall	12324
have had at least three years' actual practical experience in the	12325
underground workings of a gaseous mine or the equivalent thereof	12326
in the judgment of the mine examining boardchief of the division	12327
of mineral resources management; and shall have knowledge of the	12328
dangers and nature of noxious and explosive gases gained by actual	12329
contact with gas in mines and ventilation of gaseous mines. Each	12330
applicant for examination shall pay a fee of ten dollars to the	12331
boardchief on the first day of the examination. Any moneys	12332
collected under this section shall be paid into the state treasury	12333
to the credit of the mining regulation fund created in section	12334
1561.48 of the Revised Code.	12335

Sec. 1561.23.  The mine examining boardchief of the division	12336
of mineral resources management shall issue the following	12337
certificates to those applicants who pass their examination:	12338

(A) Certificates for mine foremenforepersons of gaseous	12339
mines;	12340

(B) Certificates for mine foremenforepersons of nongaseous	12341
mines;	12342

(C) Certificates for foremenforepersons of gaseous mines;

12343

(D) Certificates for foremenforepersons of nongaseous	12344
mines;	12345

(E) Certificates for foremenforepersons of surface	12346
maintenance facilities of underground or surface mines;	12347

(F) Certificates for mine foremenforepersons of surface	12348
mines;	12349

(G) Certificates for foremenforepersons of surface mines;

12350

(H) Certificates for fire bosses;

12351

(I) Certificates for mine electricians;

12352

(J) Certificates for surface mine blasters;

12353

(K) Certificates for shot firers.

12354

Applicants for certificates shall make application to the	12355
boardchief, on a form provided by itthe chief, for examination.	12356
All applicants shall be able to read and write the English	12357
language intelligently, and shall furnish the boardchief with a	12358
certificate as to their character, length and description of their	12359
practical experience, and satisfactory evidence of their ability	12360
to perform the duties of the position for which they make	12361
application for examination.	12362

Any certificate issued by the former mine examining board	12363
prior to the effective date of this amendmentOctober 29, 1995,	12364
shall remain in effect notwithstanding the new classifications of	12365
certificates established by this amendmentsection.	12366

Sec. 1561.26.  (A) As used in this section, "EMT-basic,"	12367
"EMT-I," and "paramedic" have the same meanings as in section	12368
4765.01 of the Revised Code.	12369

(B) The superintendent of rescue stations, with the approval	12370
of the chief of the division of mineral resources management,	12371
shall, at each rescue station provided for in section 1561.25 of	12372
the Revised Code, train and employ rescue crews of six members	12373
each, one of whom shall hold a mine foreperson or fire boss	12374
certificate and be designated captain, and train and employ any	12375
number of such rescue crews as the superintendent believes	12376
necessary. One member of a rescue crew shall be certified as an	12377
EMT-basic, EMT-I, or paramedic. Each member of a rescue crew	12378
shall devote the time specified by the chief each month for	12379
training purposes and shall be available at all times to assist in	12380
rescue work at explosions, mine fires, and other emergencies.	12381

A captain of mine rescue crews shall receive for service as	12382
captain the sum of twenty-four dollars per month, and each member	12383
shall receive the sum of twenty dollars per month, all payable on	12384
requisition approved by the chief. When engaged in rescue work at	12385
explosions, mine fires, or other emergencies away from their	12386
station, the members of the rescue crews and captains of the same	12387
shall be paid the sum of six dollars per hour for work on the	12388
surface, which includes the time consumed by suchthose members in	12389
traveling to and from the scene of suchthe emergency when such	12390
the scene is away from the station of suchthe members, and the	12391
sum of seven dollars per hour for all work underground at suchthe	12392
emergency, and in addition thereto, the necessary living expenses	12393
of suchthe members when suchthe emergency is away from their	12394
home station, all payable on requisition approved by the chief.	12395

Each member of a mine rescue crew shall undergo an annual	12396
medical examination by a doctor designated by the chief. In	12397
designating suchthe doctor, the chief shall choose one near the	12398
station of the member of suchthe rescue crews. SuchThe doctor	12399
shall report the doctor's findings to the chief and if, in the	12400
opinion of the chief, suchthe report indicates that suchthe	12401
member is physically unfit for further services, the chief shall	12402
relieve the member from further duty. The fee charged by suchthe	12403
doctor for suchthe examination shall be paid in the same manner	12404
as fees are paid to doctors employed by the industrial commission	12405
for special medical examinations.	12406

The chief may remove any member of a rescue crew for any	12407
reason. Such crews shall be subject to the orders of the chief,	12408
the superintendent, and the deputy mine inspectors when engaged in	12409
actual mine rescue work. Mine rescue crews shall, in case of	12410
death or injury when engaged in rescue work, wherever the same may	12411
occur, be paid compensation, or their dependents shall be paid	12412
death benefits, from the workers' compensation fund, in the same	12413
manner as other employees of the state.	12414

(C) In addition to the training of rescue crews, each	12415
assistant superintendent of rescue stations, with the approval of	12416
the superintendent, shall provide for and conduct safety, first	12417
aid, and rescue classes at any mine or for any group of miners who	12418
make application for the conducting of such classes. The chief may	12419
assess a fee for safety and first aid classes for the purpose of	12420
covering the costs associated with providing those classes. The	12421
chief shall establish a fee schedule for safety and first aid	12422
classes by rule adopted in accordance with Chapter 119. of the	12423
Revised Code. Fees collected under this section shall be	12424
deposited in the surface mining fund created in section 1514.06 of	12425
the Revised Code.	12426

The superintendent shall prescribe and provide for a uniform	12427
schedule of conducting such safety and rescue classes as will	12428
provide a competent knowledge of modern safety and rescue methods	12429
in, at, and about mines.	12430

Sec. 1561.35.  If the deputy mine inspector finds that any	12431
matter, thing, or practice connected with any mine and not	12432
prohibited specifically by law is dangerous or hazardous, or that	12433
from a rigid enforcement of this chapter and Chapters 1509.,	12434
1563., 1565., and 1567. of the Revised Code, the matter, thing, or	12435
practice would become dangerous and hazardous so as to tend to the	12436
bodily injury of any person, the deputy mine inspector forthwith	12437
shall give notice in writing to the owner, lessee, or agent of the	12438
mine of the particulars in which the deputy mine inspector	12439
considers the mine or any matter, thing, or practice connected	12440
therewith is dangerous or hazardous and recommend changes that the	12441
conditions require, and forthwith shall mail a copy of the report	12442
and the deputy mine inspector's recommendations to the chief of	12443
the division of mineral resources management. Upon receipt of the	12444
report and recommendations, the chief forthwith shall make a	12445
finding thereon and mail a copy to the owner, operator, lessee, or	12446
agent of the mine, and to the deputy mine inspector; a copy of the	12447
finding of the chief shall be posted upon the bulletin board of	12448
the mine. Where the miners have a mine safety committee, one	12449
additional copy shall be posted on the bulletin board for the use	12450
and possession of the committee.	12451

The owner, operator, lessee, or agent of the mine, or the	12452
authorized representative of the workers of the mine, within ten	12453
days may appeal to the mine examining boardreclamation commission	12454
for a review and redetermination of the finding of the chief in	12455
the matter in accordance with section 1561.531513.13 of the	12456
Revised Code, notwithstanding division (A)(1) of that section,	12457
which provides for appeals within thirty days. A copy of the	12458
decision of the boardcommission shall be mailed as required by	12459
this section for the mailing of the finding by the chief on the	12460
deputy mine inspector's report.	12461

Sec. 1561.351.  A deputy mine inspector who makes a finding	12462
concerning a violation of this chapter or Chapter 1563., 1565., or	12463
1567. or section 1509.09, 1509.12, 1509.13, 1509.14, 1509.15,	12464
1509.17, or 1509.18 of the Revised Code that involves mining	12465
safety shall notify the chief of the division of mineral resources	12466
management of the finding. The chief shall review the inspector's	12467
finding, make a written determination regarding it, and provide a	12468
copy of the written determination to the owner, operator, lessee,	12469
or agent of the mine involved. The chief shall provide a copy of	12470
the written determination to any other interested party upon	12471
request.	12472

A person, such as an owner, operator, lessee, or agent of the	12473
mine or the authorized representative of the workers of the mine,	12474
who has an interest that is or may be adversely affected by the	12475
chief's determination may appeal the determination, not later than	12476
ten days after receiving notice of the determination, to the mine	12477
examining boardreclamation commission by filing a copy of the	12478
chief's written determination with the boardcommission,	12479
notwithstanding division (A)(1) of section 1513.13 of the Revised	12480
Code, which provides for appeals within thirty days. The board	12481
commission shall hear the appeal in accordance with section	12482
1561.531513.13 of the Revised Code.	12483

Sec. 1561.46.  Fees received by the mine examining board	12484
chief of the division of mineral resources management under	12485
sections 1561.16 to 1561.22 of the Revised Code shall be paid by	12486
the secretary of the boardchief into the state treasury to the	12487
credit of the mining regulation fund created in section 1561.48 of	12488
the Revised Code.	12489

Sec. 1561.51.  When written charges of neglect of duty,	12490
incompetency, or malfeasance in office against the deputy mine	12491
inspector are filed with the chief of the division of mineral	12492
resources management, signed by not less than fifteen employees,	12493
or otherwise as provided in section 1561.50 of the Revised Code,	12494
or the owner, lessee, or agent of a mine, and the signers of the	12495
charges are dissatisfied with the result of the investigation made	12496
by the chief, they may appeal to the mine examining board	12497
reclamation commission by filing the same charges against the	12498
deputy mine inspector and a copy of the report of the	12499
investigation made by the chief in the matter with the board	12500
commission, and the boardcommission shall hear the appeal in	12501
accordance with section 1561.531513.13 of the Revised Code. The	12502
boardcommission shall mail a copy of its decision to the	12503
complainant whose name appears first in the charges.	12504

Sec. 1561.52.  On receipt of a notice pursuant to section	12505
3123.43 of the Revised Code, the mine examining boardchief of the	12506
division of mineral resources management shall comply with	12507
sections 3123.41 to 3123.50 of the Revised Code and any applicable	12508
rules adopted under section 3123.63 of the Revised Code with	12509
respect to a certificate issued pursuant to this chapter.	12510

Sec. 1563.13.  When a deputy mine inspector considers that	12511
the ways and means of egress in any underground mine from the	12512
interior working places to the surface are inadequate as a safe	12513
and ready means of escape in case of emergency, from danger of	12514
fire at any point, or any other cause that may result in the	12515
entombment of persons working in the mine, the deputy mine	12516
inspector shall give notice in writing to the owner, lessee, or	12517
agent of the mine of the particular in which the deputy mine	12518
inspector considers the conditions dangerous, recommending any	12519
changes that the conditions require, and forthwith shall mail a	12520
copy of the deputy mine inspector's recommendations to the chief	12521
of the division of mineral resources management. Upon receipt of	12522
the recommendations, the chief forthwith shall make a finding	12523
concerning them and mail a copy to the operator of the mine and to	12524
the deputy mine inspector. A copy of the finding of the chief	12525
shall be posted upon the bulletin board at the time.	12526

The operator of the mine, or the authorized representative of	12527
the workers of the mine, within ten days may appeal to the mine	12528
examining boardreclamation commission for a review and	12529
redetermination of the finding of the chief in the matter in	12530
accordance with section 1561.531513.13 of the Revised Code,	12531
notwithstanding division (A)(1) of that section, which provides	12532
for appeals within thirty days. A copy of the decision of the	12533
boardcommission shall be mailed as required by this section for	12534
the mailing of the finding by the chief on the deputy mine	12535
inspector's report.	12536

No operator of a mine shall refuse or neglect to comply with	12537
this section.	12538

Sec. 1565.04.  The operator of each mine who is an employer	12539
as defined in section 4123.01 of the Revised Code, or any mine	12540
workingwith three or more menworkers, shall employ a certified	12541
mine foremanforeperson. In gaseous mines, only a holder of a	12542
mine foremanforeperson of gaseous mines certificate whichthat	12543
contains a notation by the mine examining boardchief of the	12544
division of mineral resources management showing the holder to be	12545
at least twenty-three years of age and have at least five years'	12546
actual practical experience in gaseous mines shall be employed as	12547
the mine foremanforeperson. In other mines, the mine foreman	12548
foreperson shall be a holder of a mine foremanforeperson of	12549
nongaseous mines certificate whichthat contains a notation by the	12550
mine examining boardchief showing the holder to be at least	12551
twenty-one years of age and have at least three years' actual	12552
practical experience in mines. All such mines shall have at least	12553
one certified foremanforeperson on duty at all times when men	12554
workers are employed in the loading or mining of coal.	12555

No operator of a mine shall refuse or neglect to comply with	12556
this section.	12557

Sec. 1565.06.  (A) In emergencies arising at a mine because	12558
of accident, death, illness, or any other cause, an operator may	12559
appoint noncertificate persons as forepersons and fire bosses to	12560
act until certified forepersons and fire bosses satisfactory to	12561
the operator can be secured. Such appointee may not serve in such	12562
capacity for a period longer than six months or until such time	12563
thereafter as an examination is held for such certified persons	12564
under section 1561.13 of the Revised Code. The employer of such	12565
noncertificate person shall, upon appointment of such	12566
noncertificate person in this capacity, forward the name of such	12567
noncertificate person to the chief of the division of mineral	12568
resources management.	12569

(B) An operator may appoint as a temporary foreperson or	12570
fire boss a noncertificate person who is within six months of	12571
possessing the necessary actual practical experience to qualify to	12572
take the examination for certification for the position to which	12573
the person is temporarily appointed. Upon appointment of a	12574
noncertificate person, the operator shall forward the name, social	12575
security number, and brief summary of the person's actual	12576
practical experience to the mine examining boardchief, and the	12577
boardchief shall issue the person a temporary certificate for the	12578
position to which the person has been temporarily appointed. A	12579
temporary certificate issued under this division is valid for six	12580
months or until such time thereafter as an examination is held	12581
under section 1561.13 of the Revised Code for the position to	12582
which the person has been temporarily appointed.	12583

(C) A person who possesses a valid certificate issued by	12584
another state for a position for which the mine examining board	12585
chief issues a certificate shall be eligible for a temporary	12586
certificate from the boardchief upon presentation to the board	12587
chief of a copy of the certificate from that other state. A	12588
temporary certificate issued under this division shall be valid	12589
for six months.	12590

No operator of a mine shall violate or fail to comply with	12591
this section.	12592

Sec. 1565.07.  The superintendent in charge of a mine shall	12593
direct the mine foreperson in such manner as is necessary to	12594
secure compliance with this chapter and Chapters 1561., 1563., and	12595
1567. and sections 1509.18 and 1509.19 of the Revised Code. The	12596
superintendent may act as mine foreperson, but if the	12597
superintendent does so act regularly, the superintendent shall	12598
obtain a certificate from the mine examining boardchief of the	12599
division of mineral resources management in the same manner as the	12600
certification of mine foreperson is obtained.	12601

A person designated as a superintendent of an underground	12602
coal mine after January 1, 1977, shall, within six months after	12603
being so designated, demonstrate to the chief of the division of	12604
mineral resources management that the person has knowledge of the	12605
mining laws of this state governing the operation of underground	12606
coal mines either by presenting evidence that the person has	12607
passed a mine foreperson examination given by the mine examining	12608
boardchief or an examination given by the chief concerning the	12609
laws of this state governing the operation of underground coal	12610
mines.	12611

No person shall refuse or neglect to comply with this	12612
section.	12613

Sec. 1565.08.  If a person certified by the mine examining	12614
boardchief of the division of mineral resources management	12615
purposely violates the mining laws, the person's certificate may	12616
be revoked by the chief after investigation and a hearing in	12617
accordance with Chapter 119. of the Revised Code, by the chief of	12618
the division of mineral resources management, with the approval of	12619
the mine examining board.	12620

No person whose license, certificate, or similar authority to	12621
perform any certifiable mining duties in another state is	12622
suspended or revoked by that state shall be certified for an	12623
equivalent mining certificate in this state during the period of	12624
the suspension or revocation in the other state.	12625

Sec. 1565.25.  On receipt of a notice pursuant to section	12626
3123.43 of the Revised Code, the mine examining boardchief of the	12627
division of mineral resources management shall comply with	12628
sections 3123.41 to 3123.50 of the Revised Code and any applicable	12629
rules adopted under section 3123.63 of the Revised Code with	12630
respect to a certificate issued pursuant to this chapter.	12631

Sec. 1701.05.  (A) Except as provided in this section, and	12632
in sections 1701.75, 1701.78, and 1701.82 of the Revised Code,	12633
which sections relate to the reorganization, merger, and	12634
consolidation of corporations, the corporate name of a domestic	12635
corporation shall comply with all of the following:	12636

(1) It shall end with or include the word or abbreviation	12637
"company," "co.," "corporation," "corp.," "incorporated," or	12638
"inc."	12639

(2) It shall be distinguishable upon the records in the	12640
office of the secretary of state from all of the following:	12641

(a) The name of any other corporation, whether nonprofit or	12642
for profit and whether that of a domestic or of a foreign	12643
corporation authorized to do business in this state;	12644

(b) The name of any limited liability company registered in	12645
the office of the secretary of state pursuant to Chapter 1705. of	12646
the Revised Code, whether domestic or foreign;	12647

(c) The name of any limited liability partnership registered	12648
in the office of the secretary of state pursuant to Chapter 1775.	12649
of the Revised Code, whether domestic or foreign;	12650

(d) The name of any limited partnership registered in the	12651
office of the secretary of state pursuant to Chapter 1782. of the	12652
Revised Code, whether domestic or foreign;	12653

(e) Any trade name the exclusive right to which is at the	12654
time in question registered in the office of the secretary of	12655
state pursuant to Chapter 1329. of the Revised Code.	12656

(3) It shall not contain any language that indicates or	12657
implies that the corporation is connected with a government agency	12658
of this state, another state, or the United States.	12659

(B) The secretary of state shall determine for purposes of	12660
this section whether a name is "distinguishable" from another name	12661
upon the secretary of state's records. Without excluding other	12662
names that may not constitute distinguishable names in this state,	12663
a name is not considered distinguishable from another name for	12664
purposes of this section solely because it differs from the other	12665
name in only one or more of the following manners:	12666

(1) The use of the word "corporation," "company,"	12667
"incorporated," "limited," or any abbreviation of any of those	12668
words;	12669

(2) The use of any article, conjunction, contraction,	12670
abbreviation, or punctuation;	12671

(3) The use of a different tense or number of the same word.

12672

(C) A corporation may apply to the secretary of state for	12673
authorization to use a name that is not distinguishable upon the	12674
secretary of state's records from the name of any other	12675
corporation, limited liability company, limited liability	12676
partnership, or limited partnership, or from a registered trade	12677
name, if there also is filed in the office of the secretary of	12678
state, on a form prescribed by the secretary of state, the consent	12679
of the other entity or, in the case of a registered trade name,	12680
the person in whose name is registered the exclusive right to use	12681
the name, which consent is evidenced in a writing signed by any	12682
authorized officer or any authorized representative of the other	12683
entity or person.	12684

(D) In case of judicial sale or judicial transfer, by sale	12685
or transfer of good will or otherwise, of the right to use the	12686
name of a corporation, whether nonprofit or for profit, and	12687
whether that of a domestic corporation or of a foreign corporation	12688
authorized to exercise its corporate privileges in this state or	12689
to do business in this state, the secretary of state, at the	12690
instance of the purchaser or transferee of such right, shall	12691
accept for filing articles of a corporation with a name the same	12692
as or similar to the name of such other corporation, if there also	12693
is filed in the office of the secretary of state a certified copy	12694
of the decree or order of court confirming or otherwise evidencing	12695
the purchase or transfer.	12696

(E) Any person who wishes to reserve a name for a proposed	12697
new corporation, or any corporation intending to change its name,	12698
may submit to the secretary of state a written application, on a	12699
form prescribed by the secretary of state, for the exclusive right	12700
to use a specified name as the name of a corporation. If the	12701
secretary of state finds that, under this section, the specified	12702
name is available for such use, the secretary of state shall file	12703
the application and, from the date of the filing, the applicant	12704
shall have the exclusive right for sixtyone hundred eighty days	12705
to use the specified name as the name of a corporation, counting	12706
the date of such filing as the first of sixtyone hundred eighty	12707
days. The right so obtained may be transferred by the applicant	12708
or other holder thereof by the filing in the office of the	12709
secretary of state of a written transfer, on a form prescribed by	12710
the secretary of state, stating the name and address of the	12711
transferee.	12712

(F) For filing under this section any application or other	12713
document, other than articles or a consent to the use of a name,	12714
the secretary of state shall charge and collect a fee of five	12715
dollars.	12716

Sec. 1701.07.  (A) Every corporation shall have and maintain	12717
an agent, sometimes referred to as the "statutory agent," upon	12718
whom any process, notice, or demand required or permitted by	12719
statute to be served upon a corporation may be served. The agent	12720
may be a natural person who is a resident of this state or may be	12721
a domestic corporation or a foreign corporation holding a license	12722
as such under the laws of this state, that is authorized by its	12723
articles of incorporation to act as such agent and that has a	12724
business address in this state.	12725

(B) The secretary of state shall not accept original	12726
articles for filing unless there is filed with the articles a	12727
written appointment of an agent that is signed by the	12728
incorporators of the corporation or a majority of them and a	12729
written acceptance of the appointment that is signed by the agent.	12730
In all other cases, the corporation shall appoint the agent and	12731
shall file in the office of the secretary of state a written	12732
appointment of the agent that is signed by any authorized officer	12733
of the corporation and a written acceptance of the appointment	12734
that is either the original acceptance signed by the agent or a	12735
photocopy, facsimile, or similar reproduction of the original	12736
acceptance signed by the agent.	12737

(C) The written appointment of an agent shall set forth the	12738
name and address in this state of the agent, including the street	12739
and number or other particular description, and shall otherwise be	12740
in such form as the secretary of state prescribes. The secretary	12741
of state shall keep a record of the names of corporations, and the	12742
names and addresses of their respective agents.	12743

(D) If any agent dies, removes from the state, or resigns,	12744
the corporation shall forthwith appoint another agent and file	12745
with the secretary of state, on a form prescribed by the secretary	12746
of state, a written appointment of the agent.	12747

(E) Unless the change is reported on the annual report filed	12748
with the department of taxation, if the agent changes the agent's	12749
address from that appearing upon the record in the office of the	12750
secretary of state, the corporation or the agent shall forthwith	12751
file with the secretary of state, on a form prescribed by the	12752
secretary of state, a written statement setting forth the new	12753
address.	12754

(F) An agent may resign by filing with the secretary of	12755
state, on a form prescribed by the secretary of state, a written	12756
notice to that effect that is signed by the agent and by sending a	12757
copy of the notice to the corporation at the current or last known	12758
address of its principal office on or prior to the date the notice	12759
is filed with the secretary of state. The notice shall set forth	12760
the name of the corporation, the name and current address of the	12761
agent, the current or last known address, including the street and	12762
number or other particular description, of the corporation's	12763
principal office, the resignation of the agent, and a statement	12764
that a copy of the notice has been sent to the corporation within	12765
the time and in the manner prescribed by this division. Upon the	12766
expiration of thirty days after the filing, the authority of the	12767
agent shall terminate.	12768

(G) A corporation may revoke the appointment of an agent by	12769
filing with the secretary of state, on a form prescribed by the	12770
secretary of state, a written appointment of another agent and a	12771
statement that the appointment of the former agent is revoked.	12772

(H) Any process, notice, or demand required or permitted by	12773
statute to be served upon a corporation may be served upon the	12774
corporation by delivering a copy of it to its agent, if a natural	12775
person, or by delivering a copy of it at the address of its agent	12776
in this state, as the address appears upon the record in the	12777
office of the secretary of state. If (1) the agent cannot be	12778
found, or (2) the agent no longer has that address, or (3) the	12779
corporation has failed to maintain an agent as required by this	12780
section, and if in any such case the party desiring that the	12781
process, notice, or demand be served, or the agent or	12782
representative of the party, shall have filed with the secretary	12783
of state an affidavit stating that one of the foregoing conditions	12784
exists and stating the most recent address of the corporation that	12785
the party after diligent search has been able to ascertain, then	12786
service of process, notice, or demand upon the secretary of state,	12787
as the agent of the corporation, may be initiated by delivering to	12788
the secretary of state or at the secretary of state's office	12789
quadruplicate copies of such process, notice, or demand and by	12790
paying to the secretary of state a fee of five dollars. The	12791
secretary of state shall forthwith give notice of the delivery to	12792
the corporation at its principal office as shown upon the record	12793
in the secretary of state's office and at any different address	12794
shown on its last franchise tax report filed in this state, or to	12795
the corporation at any different address set forth in the above	12796
mentioned affidavit, and shall forward to the corporation at said	12797
addresses, by certified mail, with request for return receipt, a	12798
copy of the process, notice, or demand; and thereupon service upon	12799
the corporation shall be deemed to have been made.	12800

(I) The secretary of state shall keep a record of each	12801
process, notice, and demand delivered to the secretary of state or	12802
at the secretary of state's office under this section or any other	12803
law of this state that authorizes service upon the secretary of	12804
state, and shall record the time of the delivery and the action	12805
thereafter with respect thereto.	12806

(J) This section does not limit or affect the right to serve	12807
any process, notice, or demand upon a corporation in any other	12808
manner permitted by law.	12809

(K) Every corporation shall state in each annual report	12810
filed by it with the department of taxation the name and address	12811
of its statutory agent.	12812

(L) Except when an original appointment of an agent is filed	12813
with the original articles, a written appointment of an agent or a	12814
written statement filed by a corporation with the secretary of	12815
state shall be signed by any authorized officer of the corporation	12816
or by the incorporators of the corporation or a majority of them	12817
if no directors have been elected.	12818

(M) For filing a written appointment of an agent other than	12819
one filed with original articles, and for filing a statement of	12820
change of address of an agent, the secretary of state shall charge	12821
and collect athe fee specified in division (R) of three dollars	12822
section 111.16 of the Revised Code.	12823

(N) Upon the failure of a corporation to appoint another	12824
agent or to file a statement of change of address of an agent, the	12825
secretary of state shall give notice thereof by certified mail to	12826
the corporation at the address set forth in the notice of	12827
resignation or on the last franchise tax return filed in this	12828
state by the corporation. Unless the default is cured within	12829
thirty days after the mailing by the secretary of state of the	12830
notice or within any further period of time that the secretary of	12831
state grants, upon the expiration of that period of time from the	12832
date of the mailing, the articles of the corporation shall be	12833
canceled without further notice or action by the secretary of	12834
state. The secretary of state shall make a notation of the	12835
cancellation on the secretary of state's records.	12836

A corporation whose articles have been canceled may be	12837
reinstated by filing, on a form prescribed by the secretary of	12838
state, an application for reinstatement and the required	12839
appointment of agent or required statement, and by paying athe	12840
filing fee specified in division (Q) of ten dollarssection 111.16	12841
of the Revised Code. The rights, privileges, and franchises of a	12842
corporation whose articles have been reinstated are subject to	12843
section 1701.922 of the Revised Code. The secretary of state	12844
shall furnish the tax commissioner a monthly list of all	12845
corporations canceled and reinstated under this division.	12846

(O) This section does not apply to banks, trust companies,	12847
insurance companies, or any corporation defined under the laws of	12848
this state as a public utility for taxation purposes.	12849

Sec. 1701.81.  (A) Upon adoption by each constituent entity	12850
of an agreement of merger or consolidation pursuant to section	12851
1701.78, 1701.781, 1701.79, 1701.791, 1701.80, or 1701.801 of the	12852
Revised Code, a certificate of merger or consolidation shall be	12853
filed with the secretary of state that is signed by any authorized	12854
representative of each constituent corporation, partnership, or	12855
other entity. The certificate shall be on a form prescribed by	12856
the secretary of state and shall set forth only the information	12857
required by this section.	12858

(B)(1) The certificate of merger or consolidation shall set	12859
forth all of the following:	12860

(a) The name and the form of entity of each constituent	12861
entity and the state under the laws of which each constituent	12862
entity exists;	12863

(b) A statement that each constituent entity has complied	12864
with all of the laws under which it exists and that the laws	12865
permit the merger or consolidation;	12866

(c) The name and mailing address of the person or entity	12867
that is to provide, in response to any written request made by a	12868
shareholder, partner, or other equity holder of a constituent	12869
entity, a copy of the agreement of merger or consolidation;	12870

(d) The effective date of the merger or consolidation, which	12871
date may be on or after the date of the filing of the certificate;	12872

(e) The signature of each representative authorized to sign	12873
the certificate on behalf of each constituent entity and the	12874
office held or the capacity in which the representative is acting;	12875

(f) A statement that the agreement of merger or	12876
consolidation is authorized on behalf of each constituent entity	12877
and that each person who signed the certificate on behalf of each	12878
entity is authorized to do so;	12879

(g) In the case of a merger, a statement that one or more	12880
specified constituent entities will be merged into a specified	12881
surviving entity or, in the case of a consolidation, a statement	12882
that the constituent entities will be consolidated into a new	12883
entity;	12884

(h) In the case of a merger, if the surviving entity is a	12885
foreign entity not licensed to transact business in this state,	12886
the name and address of the statutory agent upon whom any process,	12887
notice, or demand against any constituent entity may be served;	12888

(i) In the case of a consolidation, the name and address of	12889
the statutory agent upon whom any process, notice, or demand	12890
against any constituent entity or the new entity may be served.	12891

(2) In the case of a consolidation into a new domestic	12892
corporation, limited liability company, or limited partnership,	12893
the articles of incorporation, the articles of organization, or	12894
the certificate of limited partnership of the new domestic entity	12895
shall be filed with the certificate of merger or consolidation.	12896

(3) In the case of a merger into a domestic corporation,	12897
limited liability company, or limited partnership, any amendments	12898
to the articles of incorporation, articles of organization, or	12899
certificate of limited partnership of the surviving domestic	12900
entity shall be filed with the certificate of merger or	12901
consolidation.	12902

(4) If the surviving or new entity is a foreign entity that	12903
desires to transact business in this state as a foreign	12904
corporation, limited liability company, or limited partnership,	12905
the certificate of merger or consolidation shall be accompanied by	12906
the information required by division (B)(8), (9), or (10) of	12907
section 1701.791 of the Revised Code.	12908

(5) If a foreign or domestic corporation licensed to	12909
transact business in this state is a constituent entity and the	12910
surviving or new entity resulting from the merger or consolidation	12911
is not a foreign or domestic corporation that is to be licensed to	12912
transact business in this state, the certificate of merger or	12913
consolidation shall be accompanied by the affidavits, receipts,	12914
certificates, or other evidence required by division (H) of	12915
section 1701.86 of the Revised Code, with respect to each domestic	12916
constituent corporation, and by the affidavits, receipts,	12917
certificates, or other evidence required by division (C) or (D) of	12918
section 1703.17 of the Revised Code, with respect to each foreign	12919
constituent corporation licensed to transact business in this	12920
state.	12921

(C) If any constituent entity in a merger or consolidation	12922
is organized or formed under the laws of a state other than this	12923
state or under any chapter of the Revised Code other than this	12924
chapter, there also shall be filed in the proper office all	12925
documents that are required to be filed in connection with the	12926
merger or consolidation by the laws of that state or by that	12927
chapter.	12928

(D) Upon the filing of a certificate of merger or	12929
consolidation and other filings as described in division (C) of	12930
this section or at such later date as the certificate of merger or	12931
consolidation specifies, the merger or consolidation is effective.	12932

(E) The secretary of state shall furnish, upon request and	12933
payment of athe fee specified in division (D) of ten dollars	12934
section 111.16 of the Revised Code, the secretary of state's	12935
certificate setting forth the name and the form of entity of each	12936
constituent entity and the states under the laws of which each	12937
constituent entity existed prior to the merger or consolidation,	12938
the name and the form of entity of the surviving or new entity and	12939
the state under the laws of which the surviving entity exists or	12940
the new entity is to exist, the date of filing of the certificate	12941
of merger or consolidation with the secretary of state, and the	12942
effective date of the merger or consolidation. The certificate of	12943
the secretary of state, or a copy of the certificate of merger or	12944
consolidation certified by the secretary of state, may be filed	12945
for record in the office of the recorder of any county in this	12946
state and, if filed, shall be recorded in the records of deeds for	12947
that county. For that recording, the county recorder shall charge	12948
and collect the same fee as in the case of deeds.	12949

Sec. 1702.05.  (A) Except as provided in this section and in	12950
sections 1702.41 and 1702.45 of the Revised Code, the secretary of	12951
state shall not accept for filing in the secretary of state's	12952
office any articles if the corporate name set forth in the	12953
articles is not distinguishable upon the secretary of state's	12954
records from any of the following:	12955

(1) The name of any other corporation, whether a nonprofit	12956
corporation or a business corporation and whether that of a	12957
domestic or of a foreign corporation authorized to do business in	12958
this state;	12959

(2) The name of any limited liability company registered in	12960
the office of the secretary of state pursuant to Chapter 1705. of	12961
the Revised Code, whether domestic or foreign;	12962

(3) The name of any limited liability partnership registered	12963
in the office of the secretary of state pursuant to Chapter 1775.	12964
of the Revised Code, whether domestic or foreign;	12965

(4) The name of any limited partnership registered in the	12966
office of the secretary of state pursuant to Chapter 1782. of the	12967
Revised Code, whether domestic or foreign;	12968

(5) Any trade name, the exclusive right to which is at the	12969
time in question registered in the office of the secretary of	12970
state pursuant to Chapter 1329. of the Revised Code.	12971

(B) The secretary of state shall determine for purposes of	12972
this section whether a name is "distinguishable" from another name	12973
upon the secretary of state's records. Without excluding other	12974
names that may not constitute distinguishable names in this state,	12975
a name is not considered distinguishable from another name for	12976
purposes of this section solely because it differs from the other	12977
name in only one or more of the following manners:	12978

(1) The use of the word "corporation," "company,"	12979
"incorporated," "limited," or any abbreviation of any of those	12980
words;	12981

(2) The use of any article, conjunction, contraction,	12982
abbreviation, or punctuation;	12983

(3) The use of a different tense or number of the same word.

12984

(C) A corporation may apply to the secretary of state for	12985
authorization to use a name that is not distinguishable upon the	12986
secretary of state's records from the name of any other	12987
corporation, any limited liability company, limited liability	12988
partnership, or limited partnership, or from a registered trade	12989
name, if there also is filed in the office of the secretary of	12990
state, on a form prescribed by the secretary of state, the consent	12991
of the other entity, or, in the case of a registered trade name,	12992
the person in whose name is registered the exclusive right to use	12993
the name, which consent is evidenced in a writing signed by any	12994
authorized officer or authorized representative of the other	12995
entity or person.	12996

(D) In case of judicial sale or judicial transfer, by sale	12997
or transfer of good will or otherwise, of the right to use the	12998
name of a nonprofit corporation or business corporation, whether	12999
that of a domestic corporation or of a foreign corporation	13000
authorized to exercise its corporate privileges in this state or	13001
to do business in this state, the secretary of state, at the	13002
instance of the purchaser or transferee of such right, shall	13003
accept for filing articles of a corporation with a name the same	13004
as or similar to the name of such other corporation, if there also	13005
is filed in the office of the secretary of state a certified copy	13006
of the decree or order of court confirming or otherwise evidencing	13007
the purchase or transfer.	13008

(E) Any person who wishes to reserve a name for a proposed	13009
new corporation, or any corporation intending to change its name,	13010
may submit to the secretary of state a written application, on a	13011
form prescribed by the secretary of state, for the exclusive right	13012
to use a specified name as the name of a corporation. If the	13013
secretary of state finds that, under this section, the specified	13014
name is available for such use, the secretary of state shall file	13015
such application, and, from the date of such filing, such	13016
applicant shall have the exclusive right for sixtyone hundred	13017
eighty days to use the specified name as the name of a	13018
corporation, counting the date of such filing as the first of the	13019
sixtyone hundred eighty days. The right so obtained may be	13020
transferred by the applicant or other holder of the right by the	13021
filing in the office of the secretary of state of a written	13022
transfer, on a form prescribed by the secretary of state, stating	13023
the name and address of the transferee.	13024

(F) For filing under this section any application or other	13025
document, other than articles or a consent to the use of a name,	13026
the secretary of state shall charge and collect a fee of five	13027
dollars.	13028

Sec. 1702.06.  (A) Every corporation shall have and maintain	13029
an agent, sometimes referred to as the "statutory agent," upon	13030
whom any process, notice, or demand required or permitted by	13031
statute to be served upon a corporation may be served. The agent	13032
may be a natural person who is a resident of this state, or may be	13033
a domestic or foreign business corporation holding a license as	13034
such under the laws of this state that is authorized by its	13035
articles of incorporation to act as such agent, and that has a	13036
business address in this state.	13037

(B) The secretary of state shall not accept original	13038
articles for filing unless there is filed with the articles a	13039
written appointment of an agent signed by the incorporators of the	13040
corporation or a majority of them and a written acceptance of the	13041
appointment signed by the agent. In all other cases, the	13042
corporation shall appoint the agent and shall file in the office	13043
of the secretary of state a written appointment of the agent that	13044
is signed by any authorized officer of the corporation and a	13045
written acceptance of the appointment that is either the original	13046
acceptance signed by the agent or a photocopy, facsimile, or	13047
similar reproduction of the original acceptance signed by the	13048
agent.	13049

(C) The written appointment of an agent shall set forth the	13050
name and address in this state of the agent, including the street	13051
and number or other particular description, and shall otherwise be	13052
in such form as the secretary of state prescribes. The secretary	13053
of state shall keep a record of the names of corporations and the	13054
names and addresses of their respective agents.	13055

(D) If any agent dies, removes from the state, or resigns,	13056
the corporation shall forthwith appoint another agent and file	13057
with the secretary of state, on a form prescribed by the secretary	13058
of state, a written appointment of that agent.	13059

(E) If the agent changes the agent's address from that	13060
appearing upon the record in the office of the secretary of state,	13061
the corporation or the agent shall forthwith file with the	13062
secretary of state, on a form prescribed by the secretary of	13063
state, a written statement setting forth the new address.	13064

(F) An agent may resign by filing with the secretary of	13065
state, on a form prescribed by the secretary of state, a written	13066
notice to that effect that is signed by the agent and by sending a	13067
copy of the notice to the corporation at the current or last known	13068
address of its principal office on or prior to the date that	13069
notice is filed with the secretary of state. The notice shall set	13070
forth the name of the corporation, the name and current address of	13071
the agent, the current or last known address, including the street	13072
and number or other particular description, of the corporation's	13073
principal office, the resignation of the agent, and a statement	13074
that a copy of the notice has been sent to the corporation within	13075
the time and in the manner prescribed by this division. Upon the	13076
expiration of sixty days after such filing, the authority of the	13077
agent shall terminate.	13078

(G) A corporation may revoke the appointment of an agent by	13079
filing with the secretary of state, on a form prescribed by the	13080
secretary of state, a written appointment of another agent and a	13081
statement that the appointment of the former agent is revoked.	13082

(H) Any process, notice, or demand required or permitted by	13083
statute to be served upon a corporation may be served upon the	13084
corporation by delivering a copy of it to its agent, if a natural	13085
person, or by delivering a copy of it at the address of its agent	13086
in this state, as such address appears upon the record in the	13087
office of the secretary of state. If (1) the agent cannot be	13088
found, or (2) the agent no longer has that address, or (3) the	13089
corporation has failed to maintain an agent as required by this	13090
section, and if in any such case the party desiring that such	13091
process, notice, or demand be served, or the agent or	13092
representative of the party, shall have filed with the secretary	13093
of state an affidavit stating that one of the foregoing conditions	13094
exists and stating the most recent address of the corporation that	13095
the party after diligent search has been able to ascertain, then	13096
service of process, notice, or demand upon the secretary of state,	13097
as the agent of the corporation, may be initiated by delivering to	13098
the secretary of state or at the secretary of state's office	13099
triplicate copies of such process, notice, or demand and by paying	13100
to the secretary of state a fee of five dollars. The secretary of	13101
state shall forthwith give notice of such delivery to the	13102
corporation at its principal office as shown upon the record in	13103
the secretary of state's office and also to the corporation at any	13104
different address set forth in the above mentioned affidavit, and	13105
shall forward to the corporation at each of those addresses, by	13106
certified mail, with request for return receipt, a copy of such	13107
process, notice, or demand; and thereupon service upon the	13108
corporation shall be deemed to have been made.	13109

(I) The secretary of state shall keep a record of each	13110
process, notice, and demand delivered to the secretary of state or	13111
at the secretary of state's office under this section or any other	13112
law of this state that authorizes service upon the secretary of	13113
state, and shall record the time of such delivery and the	13114
secretary of state's action thereafter with respect thereto.	13115

(J) This section does not limit or affect the right to serve	13116
any process, notice, or demand upon a corporation in any other	13117
manner permitted by law.	13118

(K) Except when an original appointment of an agent is filed	13119
with the original articles, a written appointment of an agent or a	13120
written statement filed by a corporation with the secretary of	13121
state shall be signed by any authorized officer of the corporation	13122
or by the incorporators of the corporation or a majority of them	13123
if no directors have been elected.	13124

(L) For filing a written appointment of an agent other than	13125
one filed with original articles, and for filing a statement of	13126
change of address of an agent, the secretary of state shall charge	13127
and collect athe fee specified in division (R) of three dollars	13128
section 111.16 of the Revised Code.	13129

(M) Upon the failure of any corporation to appoint another	13130
agent or to file a statement of change of address of an agent, the	13131
secretary of state shall give notice thereof by certified mail to	13132
the corporation at the address set forth in the notice of	13133
resignation or on the most recent statement of continued existence	13134
filed in this state by the corporation. Unless the failure is	13135
cured within thirty days after the mailing by the secretary of	13136
state of the notice or within any further period the secretary of	13137
state grants, upon the expiration of that period, the articles of	13138
the corporation shall be canceled without further notice or action	13139
by the secretary of state. The secretary of state shall make a	13140
notation of the cancellation on the secretary of state's records.	13141
A corporation whose articles have been canceled may be reinstated	13142
by filing, on a form prescribed by the secretary of state, an	13143
application for reinstatement and the required appointment of	13144
agent or required statement, and by paying athe filing fee	13145
specified in division (Q) of ten dollarssection 111.16 of the	13146
Revised Code. The rights, privileges, and franchises of a	13147
corporation whose articles have been reinstated are subject to	13148
section 1702.60 of the Revised Code. The secretary of state shall	13149
furnish the tax commissioner a monthly list of all corporations	13150
canceled and reinstated under this division.	13151

(N) This section does not apply to banks, trust companies,	13152
insurance companies, or any corporation defined under the laws of	13153
this state as a public utility for taxation purposes.	13154

Sec. 1702.43.  (A) Upon adoption by each constituent	13155
corporation of an agreement of merger or consolidation pursuant to	13156
section 1702.42 or 1702.45 of the Revised Code, a certificate of	13157
merger or consolidation, signed by any authorized representative	13158
of each constituent corporation, shall be filed with the secretary	13159
of state. The certificate shall be on a form prescribed by the	13160
secretary of state and shall set forth only the information	13161
required by this section.	13162

(1) The certificate of merger or consolidation shall set	13163
forth all of the following:	13164

(a) The name of each constituent entity and the state under	13165
whose laws each constituent entity exists;	13166

(b) A statement that each constituent entity has complied	13167
with all of the laws under which it exists and that the laws	13168
permit the merger or consolidation;	13169

(c) The name and mailing address of the person or entity	13170
that is to provide, in response to any written request made by a	13171
member or other person, a copy of the agreement of merger or	13172
consolidation;	13173

(d) The effective date of the merger or consolidation, which	13174
date may be on or after the date of the filing of the certificate;	13175

(e) The signature of each representative authorized to sign	13176
the certificate on behalf of each constituent entity and the	13177
office each representative authorized to sign holds or the	13178
capacity in which the representative is acting;	13179

(f) A statement that the agreement of merger or	13180
consolidation is authorized on behalf of each constituent entity	13181
and that each person who signed the certificate on behalf of each	13182
entity is authorized to do so;	13183

(g) In the case of a merger, a statement that one or more	13184
specified constituent entities will be merged into a specified	13185
surviving entity or, in the case of a consolidation, a statement	13186
that the constituent entities will be consolidated into a new	13187
entity;	13188

(h) In the case of a merger, if the surviving entity is a	13189
foreign entity not licensed to transact business in this state,	13190
the name and address of the statutory agent upon whom any process,	13191
notice, or demand may be served;	13192

(i) In the case of a consolidation, the name and address of	13193
the statutory agent upon whom any process, notice, or demand	13194
against any constituent entity or the new entity may be served.	13195

(2) In the case of a consolidation into a new domestic	13196
corporation, the certificate of consolidation shall be accompanied	13197
by a copy of the articles of incorporation of the new domestic	13198
corporation.	13199

(3) In the case of a merger into a domestic corporation, the	13200
certificate of merger shall be accompanied by a copy of any	13201
amendments to the articles of incorporation of the surviving	13202
domestic corporation.	13203

(4) If the surviving or new entity is a foreign entity that	13204
desires to transact business in this state as a foreign	13205
corporation, the certificate of merger or consolidation shall	13206
contain a statement to that effect and a statement with respect to	13207
the appointment of the statutory agent and with respect to the	13208
consent to service of any process, notice, or demand upon that	13209
statutory agent or the secretary of state, as required when a	13210
foreign corporation applies for a certificate authorizing it to	13211
transact business in this state.	13212

(5) If a domestic or foreign corporation licensed to	13213
transact business in this state is a constituent entity and the	13214
surviving or new entity resulting from the merger or consolidation	13215
is not a domestic or foreign corporation that is to be licensed to	13216
transact business in this state, the certificate of merger or	13217
consolidation shall be accompanied by the affidavits, receipts,	13218
certificates, or other evidence required by division (G) of	13219
section 1702.47 of the Revised Code, with respect to each domestic	13220
corporation, and by the affidavits, receipts, certificates, or	13221
other evidence required by division (C) or (D) of section 1703.17	13222
of the Revised Code, with respect to each foreign constituent	13223
corporation licensed to transact business in this state.	13224

(B) If any constituent entity in a merger or consolidation	13225
is organized or formed under the laws of a state other than this	13226
state or under any chapter of the Revised Code other than this	13227
chapter, there also shall be filed in the proper office all	13228
documents that are required to be filed in connection with the	13229
merger or consolidation by the laws of that state or by that	13230
chapter.	13231

(C) Upon the filing of a certificate of merger or	13232
consolidation and other filings as described in division (B) of	13233
this section, or at such later date as the certificate of merger	13234
or consolidation specifies, the merger or consolidation shall	13235
become effective.	13236

(D) The secretary of state shall furnish, upon request and	13237
payment of athe fee specified in division (D) of ten dollars	13238
section 111.16 of the Revised Code, a certificate setting forth	13239
the name of each constituent entity and the state under whose laws	13240
each constituent entity existed prior to the merger or	13241
consolidation, the name of the surviving or new entity and the	13242
state under whose laws the surviving entity exists or the new	13243
entity is to exist, the date of filing of the certificate of	13244
merger or consolidation with the secretary of state, and the	13245
effective date of the merger or consolidation. The certificate of	13246
the secretary of state or a copy of the merger or consolidation	13247
certified by the secretary of state may be filed for record in the	13248
office of the recorder of any county in this state and, if filed,	13249
shall be recorded in the records of deeds for that county. For	13250
that recording, the county recorder shall charge and collect the	13251
same fee as in the case of deeds.	13252

Sec. 1702.59.  (A) Every nonprofit corporation, incorporated	13253
under the general corporation laws of this state, or previous	13254
laws, or under special provisions of the Revised Code, or created	13255
before September 1, 1851, which corporation has expressedly or	13256
impliedly elected to be governed by the laws passed since that	13257
date, and whose articles or other documents are filed with the	13258
secretary of state, shall file with the secretary of state a	13259
verified statement of continued existence, signed by a director,	13260
officer, or three members in good standing, setting forth the	13261
corporate name, the place where the principal office of the	13262
corporation is located, the date of incorporation, the fact that	13263
the corporation is still actively engaged in exercising its	13264
corporate privileges, and the name and address of its agent	13265
appointed pursuant to section 1702.06 of the Revised Code.	13266

(B) Each corporation required to file a statement of	13267
continued existence shall file it with the secretary of state	13268
within each five years after the date of incorporation or of the	13269
last corporate filing. For filing such statements of continued	13270
existence, the secretary of state shall charge and collect a fee	13271
of five dollars.	13272

(C) Corporations specifically exempted by division (N) of	13273
section 1702.06 of the Revised Code, or whose activities are	13274
regulated or supervised by another state official, agency, bureau,	13275
department, or commission are exempted from this section.	13276

(D) The secretary of state shall give notice in writing and	13277
provide a form for compliance with this section to each	13278
corporation required by this section to file the statement of	13279
continued existence, such notice and form to be mailed to the last	13280
known address of the corporation as it appears on the records of	13281
the secretary of state or which the secretary of state may	13282
ascertain upon a reasonable search.	13283

(E) In the eventIf any nonprofit corporation required by	13284
this section to file a statement of continued existence fails to	13285
file the statement required every fifth year, then the secretary	13286
of state shall cancel the articles of such corporation, make a	13287
notation of the cancellation on the records, and mail to the	13288
corporation a certificate of the action so taken.	13289

(F) A corporation whose articles have been canceled may be	13290
reinstated by filing an application for reinstatement and paying	13291
to the secretary of state athe fee specified in division (Q) of	13292
ten dollarssection 111.16 of the Revised Code. The name of a	13293
corporation whose articles have been canceled shall be reserved	13294
for a period of one year after the date of cancellation. If the	13295
reinstatement is not made within one year from the date of the	13296
cancellation of its articles of incorporation and it appears that	13297
a corporate name, limited liability company name, limited	13298
liability partnership name, limited partnership name, or trade	13299
name has been filed, the name of which is not distinguishable upon	13300
the record as provided in section 1702.06 of the Revised Code, the	13301
applicant for reinstatement shall be required by the secretary of	13302
state, as a condition prerequisite to such reinstatement, to amend	13303
its articles by changing its name. A certificate of reinstatement	13304
may be filed in the recorder's office of any county in the state,	13305
for which the recorder shall charge and collect a fee of one	13306
dollar. The rights, privileges, and franchises of a corporation	13307
whose articles have been reinstated are subject to section 1702.60	13308
of the Revised Code.	13309

(G) The secretary of state shall furnish the tax	13310
commissioner a list of all corporations failing to file the	13311
required statement of continued existence.	13312

Sec. 1703.04.  (A) To procure a license to transact business	13313
in this state, a foreign corporation for profit shall file with	13314
the secretary of state a certificate of good standing or	13315
subsistence, dated not earlier than ninety days prior to the	13316
filing of the application, under the seal of the secretary of	13317
state, or other proper official, of the state under the laws of	13318
which said corporation was incorporated, setting forth:	13319

(1) The exact corporate title;

13320

(2) The date of incorporation;

13321

(3) The fact that the corporation is in good standing or is	13322
a subsisting corporation.	13323

(B) To procure such a license, such corporation also shall	13324
file with the secretary of state an application in such form as	13325
the secretary of state prescribes, verified by the oath of any	13326
authorized officer of such corporation, setting forth, but not	13327
limited to:	13328

(1) The name of the corporation and, if its corporate name	13329
is not available, the trade name under which it will do business	13330
in this state;	13331

(2) The name of the state under the laws of which it was	13332
incorporated;	13333

(3) The location and complete address of its principal	13334
office;	13335

(4) The name of the county and the municipal corporation or	13336
township in which its principal office within this state, if any,	13337
is to be located;	13338

(5) The appointment of a designated agent and the complete	13339
address of such agent;	13340

(6) The irrevocable consent of such corporation to service	13341
of process on such agent so long as the authority of such agent	13342
continues and to service of process upon the secretary of state in	13343
the events provided for in section 1703.19 of the Revised Code;	13344

(7) A brief summary of the corporate purposes to be	13345
exercised within this state.	13346

(C) Upon the filing by a foreign corporation for profit of an	13347
application for a license to transact business in this state, the	13348
corporation shall pay a filing fee of one hundred dollars to the	13349
secretary of state.	13350

(D)(1) No such application for a license shall be accepted	13351
for filing if it appears that the name of the foreign corporation	13352
is prohibited by law or is not distinguishable upon the records in	13353
the office of the secretary of state from the name of any other	13354
corporation, whether nonprofit or for profit and whether that of a	13355
domestic corporation or of a foreign corporation authorized to	13356
transact business in this state, the name of a limited liability	13357
company registered in the office of the secretary of state	13358
pursuant to Chapter 1705. of the Revised Code, whether domestic or	13359
foreign, the name of any limited liability partnership registered	13360
in the office of the secretary of state pursuant to Chapter 1775.	13361
of the Revised Code, whether domestic or foreign, the name of any	13362
limited partnership registered in the office of the secretary of	13363
state pursuant to Chapter 1782. of the Revised Code, whether	13364
domestic or foreign, or a trade name to which the exclusive right	13365
at the time in question is registered in the manner provided in	13366
Chapter 1329. of the Revised Code, unless there also is filed with	13367
the secretary of state, on a form prescribed by the secretary of	13368
state, the consent of the other entity or person to the use of the	13369
name, evidenced in a writing signed by any authorized officer of	13370
the other entity or authorized representative of the other person	13371
owning the exclusive right to the registered trade name.	13372

(2) Notwithstanding division (D)(C)(1) of this section, if	13373
an application for a license is not acceptable for filing solely	13374
because the name of the foreign corporation is not distinguishable	13375
from the name of another entity or registered trade name, the	13376
foreign corporation may be authorized to transact business in this	13377
state by filing with the secretary of state, in addition to those	13378
items otherwise prescribed by this section, a statement signed by	13379
an authorized officer directing the foreign corporation to make	13380
application for a license to transact business in this state under	13381
an assumed business name or names that comply with the	13382
requirements of this division and stating that the foreign	13383
corporation will transact business in this state only under the	13384
assumed name or names. The application for a license shall be on	13385
a form prescribed by the secretary of state.	13386

Sec. 1703.041.  (A) Every foreign corporation for profit	13387
that is licensed to transact business in this state, and every	13388
foreign nonprofit corporation that is licensed to exercise its	13389
corporate privileges in this state, shall have and maintain an	13390
agent, sometimes referred to as the "designated agent," upon whom	13391
process against the corporation may be served within this state.	13392
The agent may be a natural person who is a resident of this state,	13393
or may be a domestic corporation for profit or a foreign	13394
corporation for profit holding a license under the laws of this	13395
state that is authorized by its articles of incorporation to act	13396
as an agent and that has a business address in this state.	13397

(B) The written appointment of a designated agent shall set	13398
forth the name and address of the agent, including the street and	13399
number or other particular description, and shall otherwise be in	13400
such form as the secretary of state prescribes. The secretary of	13401
state shall keep a record of the names of such foreign	13402
corporations and the names and addresses of their respective	13403
agents.	13404

(C) If the designated agent dies, removes from the state, or	13405
resigns, the foreign corporation shall forthwith appoint another	13406
agent and file in the office of the secretary of state an	13407
amendment to the corporation's application for a foreign license	13408
indicating the name and address, on a form prescribed by the	13409
secretary of state, a written appointment of the new agent.	13410

(D) If the designated agent changes the agent's address from	13411
that appearing upon the record in the office of the secretary of	13412
state, the foreign corporation or the designated agent in its	13413
behalf shall forthwith file with the secretary of state an	13414
amendment to the corporation's application for a foreign license	13415
setting forth the new address unless the change is reported on the	13416
annual report filed with the department of taxation, on a form	13417
prescribed by the secretary of state, a written statement setting	13418
forth the agent's new address.	13419

(E) A designated agent may resign by filing with the	13420
secretary of state, on a form prescribed by the secretary of	13421
state, a signed statement to that effect. The secretary of state	13422
shall forthwith mail a copy of suchthe statement to the foreign	13423
corporation at its principal office as shown by the record in the	13424
secretary of state's office. Upon the expiration of sixty days	13425
after the filing, the authority of the agent shall terminate.	13426

(F) A foreign corporation may revoke the appointment of a	13427
designated agent by filing with the secretary of state an	13428
amendment to its application for a foreign license appointing	13429
another agent that includes, on a form prescribed by the secretary	13430
of state, a written appointment of another agent and a statement	13431
that the appointment of the former agent is revoked.	13432

(G) Process may be served upon a foreign corporation by	13433
delivering a copy of it to its designated agent, if a natural	13434
person, or by delivering a copy of it at the address of its agent	13435
in this state, as the address appears upon the record in the	13436
office of the secretary of state.	13437

(H) This section does not limit or affect the right to serve	13438
process upon a foreign corporation in any other manner permitted	13439
by law.	13440

(I) Every foreign corporation for profit shall state in each	13441
annual report filed by it with the department of taxation the name	13442
and address of its designated agent in this state.	13443

Sec. 1703.15.  No foreign corporation shall transact in this	13444
state any business that could not be lawfully transacted by a	13445
domestic corporation. Whenever the secretary of state finds that	13446
a foreign corporation licensed to transact business in this state	13447
is transacting in this state a business that a domestic	13448
corporation could not lawfully transact, is transacting business	13449
in this state in a corporate name that is not readily	13450
distinguishable from the name of every other corporation, limited	13451
liability company, limited liability partnership, or limited	13452
partnership, domestic or foreign, or every trade name, registered	13453
in the office of the secretary of state, theretofore authorized to	13454
transact business in this state, without the consent of the other	13455
corporation, limited liability company, limited liability	13456
partnership, limited partnership, or trade name registrant,	13457
evidenced in writing filed with the secretary of state pursuant to	13458
section 1703.04 of the Revised Code, or has failed, after the	13459
death or resignation of its designated agent or the designated	13460
agent's removal from this state, to designate another agent as	13461
required by section 1703.041 of the Revised Code, the secretary of	13462
state shall give notice thereof by certified mail to the	13463
corporation. Unless that failure is cured within thirty days	13464
after the mailing by the secretary of state of the notice or	13465
within such further period as the secretary of state grants, the	13466
secretary of state, upon the expiration of such period, shall	13467
cancel the license of the foreign corporation to transact business	13468
in this state, give notice of the cancellation to the corporation	13469
by mail, and make a notation of the cancellation on the secretary	13470
of state's records.	13471

A foreign corporation whose license has been canceled may be	13472
reinstated upon its filing with the secretary of state, on a form	13473
prescribed by the secretary of state, an application for	13474
reinstatement accompanied by athe fee specified in division (Q)	13475
of ten dollarssection 111.16 of the Revised Code. If the	13476
application for reinstatement is submitted in a tax year or	13477
calendar year other than that in which the cancellation occurred,	13478
the application also shall be accompanied by a certificate of	13479
reinstatement issued by the department of taxation. The name of a	13480
corporation whose license has been canceled pursuant to this	13481
section shall be reserved for a period of one year after the date	13482
of cancellation. If the reinstatement is not made within one year	13483
after the date of cancellation of the foreign license and it	13484
appears that a corporate name, limited liability company name,	13485
limited liability partnership name, limited partnership name, or	13486
trade name has been filed, the name of which is not	13487
distinguishable upon the record as provided in division (D) of	13488
section 1703.04 of the Revised Code, the secretary of state shall	13489
require the applicant for the reinstatement, as a condition	13490
prerequisite to such reinstatement, to apply for authorization to	13491
transact business in this state under an assumed name.	13492

Sec. 1703.17.  (A) A foreign corporation may surrender its	13493
license to transact business in this state in the manner provided	13494
in this section.	13495

(B) A certificate of surrender signed by any authorized	13496
officer, or by the receiver, trustee in bankruptcy, or other	13497
liquidator of such corporation, shall be filed with the secretary	13498
of state, on a form prescribed by the secretary of state, setting	13499
forth:	13500

(1) The name of the corporation and of the state under the	13501
laws of which it is incorporated;	13502

(2) That it surrenders its license;

13503

(3) The address to which the secretary of state may mail any	13504
process against such corporation that may be served upon the	13505
secretary of state, and may mail any other notices, certificates,	13506
or statements.	13507

(C) A certificate of surrender, filed with the secretary of	13508
state, on a form prescribed by the secretary of state, shall be	13509
accompanied by:	13510

(1) A receipt, certificate, or other evidence showing the	13511
payment of all franchise, sales, use, and highway use taxes	13512
accruing up to the date of such filing, or that such payment has	13513
been adequately guaranteed;	13514

(2) A receipt, certificate, or other evidence showing the	13515
payment of all personal property taxes accruing up to the date of	13516
such filing;	13517

(3) A receipt, certificate, or other evidence from the	13518
director of job and family services showing that all contributions	13519
due from the corporation as an employer have been paid, or that	13520
such payment has been adequately guaranteed, or that the	13521
corporation is not subject to such contributions;	13522

(4) An affidavit of the officer, or other person permitted	13523
by law, executing the certificate of surrender, containing a	13524
statement of the counties, if any, in this state in which the	13525
corporation has personal property or a statement that the	13526
corporation is of a type required to pay personal property taxes	13527
to state authorities only.	13528

(D) In lieu of the receipt, certificate, or other evidence	13529
described in divisions (C)(1), (2), and (3) of this section, a	13530
certificate of surrender may be accompanied by an affidavit of the	13531
person executing the certificate of surrender, or of an officer of	13532
the corporation, that contains a statement of the date upon which	13533
the particular department, agency, or authority was advised in	13534
writing of the scheduled date of filing the certificate of	13535
surrender and was advised in writing of the acknowledgement by the	13536
corporation that the surrender of its license does not relieve it	13537
of liability, if any, for payment of the taxes and contributions	13538
described in divisions (C)(1), (2), and (3) of this section.	13539

(E) In lieu of filing such certificate of surrender there	13540
may be filed a certificate of the secretary of state, or other	13541
proper official, of the state under the laws of which the	13542
corporation is incorporated, certifying that said corporation has	13543
been dissolved or its corporate existence otherwise terminated, or	13544
a certified copy of an order of court terminating the existence of	13545
such corporation; but such certificate or certified copy shall be	13546
accompanied by the information required by division (B)(3) of this	13547
section.	13548

(F) ForAfter the payment of the fee specified in division	13549
(N)(2) of section 111.16 of the Revised Code and the filing of any	13550
such certificate or certified copy under this section, there shall	13551
be paid to the secretary of state a filing fee of twenty-five	13552
dollars. Thethe secretary of state shall thereupon cancel the	13553
license of such corporation, make a notation of such cancellation	13554
upon the secretary of state's records, and mail to the corporation	13555
a certificate of the action so taken.	13556

(G) The mere retirement from business of a foreign	13557
corporation without filing a certificate of surrender shall not	13558
exempt such corporation from the requirements of filing the	13559
reports and paying the fees required by sections 1703.01 to	13560
1703.31 of the Revised Code, or from making reports and paying	13561
excise or franchise fees or taxes.	13562

Sec. 1703.27.  No foreign nonprofit corporation shall	13563
exercise its corporate privileges in this state in a continual	13564
course of transactions until it has first procured from the	13565
secretary of state a certificate authorizing it to do so.	13566

Before issuing such certificate, the secretary of state shall	13567
require such foreign corporation to file in the secretary of	13568
state's office a certificate of good standing or subsistence,	13569
setting forth the exact corporate title, the date of	13570
incorporation, and the fact that the corporation is in good	13571
standing or is a subsisting corporation, certified by the	13572
secretary of state, or other proper official, of the state under	13573
the laws of which the corporation was incorporated, and a	13574
statement, on a form prescribed by the secretary of state,	13575
verified by the oath of one of its officers, setting forth, but	13576
not limited to, the following:	13577

(A) The name of the corporation;

13578

(B) The state under the laws of which it is incorporated;

13579

(C) The location of its principal office;

13580

(D) The corporate privileges it proposes to exercise in this	13581
state;	13582

(E) The location of its principal office in this state;

13583

(F) The appointment of a designated agent and the complete	13584
address of such agent;	13585

(G) Its irrevocable consent to service of process on such	13586
agent so long as the authority of the agent continues and to	13587
service of process upon the secretary of state in the events	13588
provided for in section 1703.19 of the Revised Code.	13589

For the filing of suchthat statement, the secretary of state	13590
shall charge and collect athe fee specified in division (I)(1) of	13591
thirty-five dollarssection 111.16 of the Revised Code.	13592

A foreign nonprofit corporation shall file an amendment with	13593
the secretary of state if there is a modification of any of the	13594
information required to be included in its statement, except for	13595
changes in information required by division (F) of this section,	13596
which shall be corrected in the same manner as described in	13597
section 1702.06 of the Revised Code. For the filing of such	13598
amendmentthose amendments and corrections, the secretary of state	13599
shall charge and collect athe fee specified in division (B) or	13600
(R) of fifty dollarssection 111.16 of the Revised Code.	13601

Sections 1703.01 to 1703.31 of the Revised Code, governing	13602
foreign corporations for profit in respect to exemption from	13603
attachment, change of location of principal office, change of its	13604
designated agent or of the designated agent's address, service on	13605
the secretary of state, license certificate as prima-facie	13606
evidence, proof of due incorporation, filing of amendments	13607
evidencing changes of corporate name, merger, or consolidation,	13608
filing of certificate of surrender, service on retired	13609
corporation, and penalties or forfeitures for transacting business	13610
without license, for false reports, and for failure to comply with	13611
other applicable provisions of such sections, shall also apply to	13612
foreign nonprofit corporations.	13613

The secretary of state may require further reports,	13614
certificates, or information from a foreign nonprofit corporation,	13615
including verification of the continued existence of the	13616
corporation. Upon the failure of any corporation to provide the	13617
information, the secretary of state shall give notice of the	13618
failure by certified mail and, if the report is not filed within	13619
thirty days after the mailing of the notice, the license of the	13620
corporation to exercise its corporate privileges in this state	13621
shall expire and the secretary of state shall make a notation to	13622
that effect on the secretary of state's records.	13623

Sec. 1703.31.  (A) Any foreign corporation may register its	13624
corporate name, if its corporate name is available for use under	13625
division (D) of section 1703.04 of the Revised Code, by filing in	13626
the office of the secretary of state an application, on a form	13627
prescribed by the secretary of state, that contains the following	13628
information:	13629

(1) The exact corporate name to be registered;

13630

(2) The complete address of the principal office of the	13631
corporation;	13632

(3) The jurisdiction of its incorporation;

13633

(4) The date of its incorporation;

13634

(5) A statement that it is carrying on or doing business;

13635

(6) The general nature of the business in which it is	13636
engaged;	13637

(7) Any other information required by the secretary of	13638
state.	13639

The application shall be signed and verified by an officer of	13640
the applicant.	13641

The application shall be accompanied by a certificate stating	13642
that the corporation is in good standing under the laws of the	13643
jurisdiction of its incorporation, which certificate shall be	13644
executed by the official of the jurisdiction having custody of the	13645
records pertaining to corporations and dated not earlier than	13646
sixty days prior to the filing of the application.	13647

AThe filing fee specified in division (S)(1) of twenty-five	13648
dollars, payable to the secretary of state,section 111.16 of the	13649
Revised Code shall accompany the application.	13650

(B) Registration of a corporate name under this section is	13651
effective for a term of one year from the date of registration.	13652
Upon application, on a form prescribed by the secretary of state,	13653
filed with the secretary of state prior to the expiration of each	13654
one-year term, the registration may be renewed for an additional	13655
term. The renewal application shall set forth the facts required	13656
to be set forth in the original application for registration,	13657
together with a certificate of good standing as required for the	13658
initial registration.	13659

The secretary of state shall notify registrants within the	13660
three months before the expiration of one year from the date of	13661
registration of the necessity of renewal by writing to the	13662
principal office address of the registrants as shown upon the	13663
current registration in effect.	13664

AThe renewal fee specified in division (S)(3) of twenty-five	13665
dollarssection 111.16 of the Revised Code, payable to the	13666
secretary of state, shall accompany the application for renewal of	13667
the registration.	13668

Sec. 1705.05.  (A) The name of a limited liability company	13669
shall include the words, "limited liability company," without	13670
abbreviation or shall include one of the following abbreviations:	13671
"LLC," "L.L.C.," "limited," "ltd.," or "ltd".	13672

(B)(1) Except as provided in this section and in sections	13673
1701.75, 1701.78, 1701.82, 1705.36, and 1705.37 of the Revised	13674
Code, the secretary of state shall not accept for filing in the	13675
secretary of state's office the articles of organization of a	13676
limited liability company if the company name set forth in the	13677
articles is not distinguishable on the records of the secretary of	13678
state from the name of any of the following:	13679

(a) Any other limited liability company, whether the name is	13680
of a domestic limited liability company or of a foreign limited	13681
liability company registered as a foreign limited liability	13682
company under this chapter;	13683

(b) Any corporation, whether the name is of a domestic	13684
corporation or of a foreign corporation holding a license as a	13685
foreign corporation under the laws of this state pursuant to	13686
Chapter 1701., 1702., or 1703. of the Revised Code;	13687

(c) Any limited liability partnership, whether the name is	13688
of a domestic limited liability partnership or a foreign limited	13689
liability partnership registered pursuant to Chapter 1775. of the	13690
Revised Code;	13691

(d) Any limited partnership, whether the name is of a	13692
domestic limited partnership or a foreign limited partnership	13693
registered pursuant to Chapter 1782. of the Revised Code;	13694

(e) Any trade name to which the exclusive right, at the time	13695
in question, is registered in the office of the secretary of state	13696
pursuant to Chapter 1329. of the Revised Code.	13697

(2) The secretary of state may accept for filing in the	13698
secretary of state's office the articles of organization of a	13699
limited liability company whose name set forth in the articles is	13700
not distinguishable on the records of the secretary of state from	13701
any trade name or the name of another limited liability company,	13702
corporation, limited liability partnership, or limited partnership	13703
if there also is filed in the secretary of state's office the	13704
consent of the other entity or, in the case of a registered trade	13705
name, the person in whose name is registered the exclusive right	13706
to the use of the particular name.	13707

(C) A consent given by an entity or person in whose name is	13708
registered the exclusive right to use a trade name, to the use of	13709
a name by a limited liability company, shall be in the form of an	13710
instrument, prescribed by the secretary of state, that is signed	13711
by an authorized officer or other authorized representative of the	13712
consenting entity or person in whose name the trade name is	13713
registered.	13714

(D) If a judicial sale or a judicial transfer by sale,	13715
transfer of good will, or otherwise involves the right to use the	13716
name of a domestic limited liability company or of a foreign	13717
limited liability company registered as a foreign limited	13718
liability company under this chapter, then, at the request of the	13719
purchaser or transferee of that right, the secretary of state	13720
shall accept for filing articles of organization of a limited	13721
liability company with a name that is the same as or similar to	13722
the name of the other limited liability company if there also is	13723
filed in the secretary of state's office a certified copy of the	13724
court order or decree that confirms or otherwise evidences the	13725
purchase or transfer.	13726

(E) Any person that wishes to reserve a name for a proposed	13727
new limited liability company or any limited liability company	13728
that intends to change its name may submit to the secretary of	13729
state, on a form prescribed by the secretary of state, a written	13730
application for the exclusive right to use a specified name as the	13731
name of the company. If the secretary of state finds, consistent	13732
with this section, that the specified name is available for use,	13733
the secretary of state shall file the application. From the date	13734
of the filing, the applicant has the exclusive right for sixtyone	13735
hundred eighty days to use the specified name as the name of the	13736
limited liability company, counting the date of the filing as the	13737
first of the sixtyone hundred eighty days. The right so obtained	13738
may be transferred by the applicant or other holder of the right	13739
by filing in the office of the secretary of state a written	13740
transfer, on a form prescribed by the secretary of state, that	13741
states the name and address of the transferee.	13742

(F) The secretary of state shall charge and collect a fee of	13743
five dollars for filing under this section any application or	13744
document other than articles of organization or a consent to the	13745
use of a name.	13746

Sec. 1705.06.  (A) Each limited liability company shall	13747
maintain continuously in this state an agent for service of	13748
process on the company. The agent shall be an individual who is a	13749
resident of this state, a domestic corporation, or a foreign	13750
corporation holding a license as a foreign corporation under the	13751
laws of this state.	13752

(B)(1) The secretary of state shall not accept original	13753
articles of organization of a limited liability company for filing	13754
unless the articles are accompanied by both of the following:	13755

(a) A written appointment of an agent as described in	13756
division (A) of this section that is signed by an authorized	13757
member, manager, or other representative of the limited liability	13758
company;	13759

(b) A written acceptance of the appointment that is signed	13760
by the designated agent on a form prescribed by the secretary of	13761
state.	13762

(2) In cases not covered by division (B)(1) of this section,	13763
the limited liability company shall appoint the agent described in	13764
division (A) of this section and shall file with the secretary of	13765
state, on a form prescribed by the secretary of state, a written	13766
appointment of that agent that is signed as described in division	13767
(K) of this section and a written acceptance of the appointment	13768
that is signed by the designated agent.	13769

(3) For purposes of divisions (B)(1) and (2) of this	13770
section, the filed written acceptance of an agent's appointment	13771
shall be a signed original document or a photocopy, facsimile, or	13772
similar reproduction of a signed original document.	13773

(C) The written appointment of an agent described in	13774
division (A) of this section shall set forth the name of the agent	13775
and the agent's address in this state, including the street and	13776
number or other particular description of that address. It	13777
otherwise shall be in the form that the secretary of state	13778
prescribes. The secretary of state shall keep a record of the	13779
names of limited liability companies and the names and addresses	13780
of their agents.	13781

(D) If any agent described in division (A) of this section	13782
dies, resigns, or moves outside of this state, the limited	13783
liability company shall appoint forthwith another agent and file	13784
with the secretary of state, on a form prescribed by the secretary	13785
of state, a written appointment of the agent and acceptance of	13786
appointment as described in division (B)(2) of this section.	13787

(E) If the agent described in division (A) of this section	13788
changes the agent's address from the address stated in the records	13789
of the secretary of state, the agent or the limited liability	13790
company shall file forthwith with the secretary of state, on a	13791
form prescribed by the secretary of state, a written statement	13792
setting forth the new address.	13793

(F) An agent described in division (A) of this section may	13794
resign by filing with the secretary of state, on a form prescribed	13795
by the secretary of state, a written notice of resignation that is	13796
signed by the agent and by mailing a copy of that notice to the	13797
limited liability company at the current or last known address of	13798
its principal office. The notice shall be mailed to the company	13799
on or prior to the date that the notice is filed with the	13800
secretary of state and shall set forth the name of the company,	13801
the name and current address of the agent, the current or last	13802
known address, including the street and number or other particular	13803
description, of the company's principal office, a statement of the	13804
resignation of the agent, and a statement that a copy of the	13805
notice has been sent to the company within the time and in the	13806
manner specified in this division. The authority of the resigning	13807
agent terminates thirty days after the filing of the notice with	13808
the secretary of state.	13809

(G) A limited liability company may revoke the appointment	13810
of its agent described in division (A) of this section by filing	13811
with the secretary of state, on a form prescribed by the secretary	13812
of state, a written appointment of another agent and an acceptance	13813
of appointment in the manner described in division (B)(2) of this	13814
section and a statement indicating that the appointment of the	13815
former agent is revoked.	13816

(H)(1) Any legal process, notice, or demand required or	13817
permitted by law to be served upon a limited liability company may	13818
be served upon the company as follows:	13819

(a) If the agent described in division (A) of this section	13820
is an individual, by delivering a copy of the process, notice, or	13821
demand to the agent;	13822

(b) If the agent is a corporation, by delivering a copy of	13823
the process, notice, or demand to the address of the agent in this	13824
state as contained in the records of the secretary of state.	13825

(2) If the agent described in division (A) of this section	13826
cannot be found or no longer has the address that is stated in the	13827
records of the secretary of state or the limited liability company	13828
has failed to maintain an agent as required by this section and if	13829
the party or the agent or representative of the party that desires	13830
service of the process, notice, or demand files with the secretary	13831
of state an affidavit that states that one of those circumstances	13832
exists and states the most recent address of the company that the	13833
party who desires service has been able to ascertain after a	13834
diligent search, then the service of the process, notice, or	13835
demand upon the secretary of state as the agent of the company may	13836
be initiated by delivering to the secretary of state four copies	13837
of the process, notice, or demand accompanied by a fee of five	13838
dollars. The secretary of state shall give forthwith notice of	13839
that delivery to the company at either its principal office as	13840
shown upon the secretary of state's records or at any different	13841
address specified in the affidavit of the party desiring service	13842
and shall forward to the company at either address by certified	13843
mail, return receipt requested, a copy of the process, notice, or	13844
demand. Service upon the company is made when the secretary of	13845
state gives the notice and forwards the process, notice, or demand	13846
as set forth in division (H)(2) of this section.	13847

(I) The secretary of state shall keep a record of each	13848
process, notice, and demand that pertains to a limited liability	13849
company and that is delivered to the secretary of state's office	13850
under this section or another law of this state that authorizes	13851
service upon the secretary of state in connection with a limited	13852
liability company. In that record, the secretary of state shall	13853
record the time of each delivery of that type and the secretary of	13854
state's subsequent action with respect to the process, notice, or	13855
demand.	13856

(J) This section does not limit or affect the right to serve	13857
any process, notice, or demand upon a limited liability company in	13858
any other manner permitted by law.	13859

(K) The written appointment of an agent or a written	13860
statement filed by the company with the secretary of state shall	13861
be signed by an authorized member, manager, or other	13862
representative of the company.	13863

(L) For filing a written appointment of an agent described	13864
in division (A) of this section that is not filed with the	13865
original articles of organization of a limited liability company	13866
and for filing a statement of change of address of an agent, the	13867
secretary of state shall charge and collect a fee of three	13868
dollars.	13869

Sec. 1705.38.  (A) Upon the adoption by each constituent	13870
entity of an agreement of merger or consolidation pursuant to	13871
section 1705.36 or 1705.37 of the Revised Code, a certificate of	13872
merger or consolidation shall be filed with the secretary of state	13873
that is signed by a manager of each constituent limited liability	13874
company in which the management is not reserved to its members, by	13875
at least one member of each other constituent limited liability	13876
company, by at least one general partner of each constituent	13877
partnership, and by an authorized representative of each other	13878
constituent entity. The certificate shall be on a form prescribed	13879
by the secretary of state and shall set forth only the information	13880
required by this section.	13881

(B)(1) The certificate of merger or consolidation shall set	13882
forth all of the following:	13883

(a) The name and the form of entity of each constituent	13884
entity and the state under the laws of which each constituent	13885
entity exists;	13886

(b) A statement that each constituent entity has complied	13887
with all of the laws under which it exists and that the laws	13888
permit the merger or consolidation;	13889

(c) The name and mailing address of the person or entity	13890
that is to provide, in response to any written request made by a	13891
shareholder, partner, or other equity holder of a constituent	13892
entity, a copy of the agreement of merger or consolidation;	13893

(d) The effective date of the merger or consolidation, which	13894
date may be on or after the date of the filing of the certificate;	13895

(e) The signature of the representative or representatives	13896
authorized to sign the certificate on behalf of each constituent	13897
entity and the office held or the capacity in which the	13898
representative is acting;	13899

(f) A statement that the agreement of merger or	13900
consolidation is authorized on behalf of each constituent entity	13901
and that the persons who signed the certificate on behalf of each	13902
entity are authorized to do so;	13903

(g) In the case of a merger, a statement that one or more	13904
specified constituent entities will be merged into a specified	13905
surviving entity or, in the case of a consolidation, a statement	13906
that the constituent entities will be consolidated into a new	13907
entity;	13908

(h) In the case of a merger, if the surviving entity is a	13909
foreign entity not licensed to transact business in this state,	13910
the name and address of the statutory agent upon whom any process,	13911
notice, or demand may be served;	13912

(i) In the case of a consolidation, the name and address of	13913
the statutory agent upon whom any process, notice, or demand	13914
against any constituent entity or the new entity may be served.	13915

(2) In the case of a consolidation into a new domestic	13916
corporation, limited liability company, or limited partnership,	13917
the articles of incorporation, the articles of organization, or	13918
the certificate of limited partnership of the new domestic entity	13919
shall be filed with the certificate of merger or consolidation.	13920

(3) In the case of a merger into a domestic corporation,	13921
limited liability company, or limited partnership, any amendments	13922
to the articles of incorporation, articles of organization, or	13923
certificate of limited partnership of the surviving domestic	13924
entity shall be filed with the certificate of merger or	13925
consolidation.	13926

(4) If the surviving or new entity is a foreign entity that	13927
desires to transact business in this state as a foreign	13928
corporation, limited liability company, or limited partnership,	13929
the certificate of merger or consolidation shall be accompanied by	13930
the information required by division (B)(8), (9), or (10) of	13931
section 1705.37 of the Revised Code.	13932

(5) If a foreign or domestic corporation licensed to	13933
transact business in this state is a constituent entity and the	13934
surviving or new entity resulting from the merger or consolidation	13935
is not a foreign or domestic corporation that is to be licensed to	13936
transact business in this state, the certificate of merger or	13937
consolidation shall be accompanied by the affidavits, receipts,	13938
certificates, or other evidence required by division (H) of	13939
section 1701.86 of the Revised Code, with respect to each domestic	13940
constituent corporation, and by the affidavits, receipts,	13941
certificates, or other evidence required by division (C) or (D) of	13942
section 1703.17 of the Revised Code, with respect to each foreign	13943
constituent corporation licensed to transact business in this	13944
state.	13945

(C) If any constituent entity in a merger or consolidation	13946
is organized or formed under the laws of a state other than this	13947
state or under any chapter of the Revised Code other than this	13948
chapter, there also shall be filed in the proper office all	13949
documents that are required to be filed in connection with the	13950
merger or consolidation by the laws of that state or by that	13951
chapter.	13952

(D) Upon the filing of a certificate of merger or	13953
consolidation and other filings as described in division (C) of	13954
this section or at any later date that the certificate of merger	13955
or consolidation specifies, the merger or consolidation is	13956
effective.	13957

(E)(1) Upon request and payment of athe fee specified in	13958
division (D) of ten dollarssection 111.16 of the Revised Code,	13959
the secretary of state shall furnish the secretary of state's	13960
certificate setting forth all of the following:	13961

(a) The name and form of entity of each constituent entity	13962
and the states under the laws of which each constituent entity	13963
existed prior to a merger or consolidation;	13964

(b) The name and the form of entity of the surviving or new	13965
entity and the state under the laws of which the surviving entity	13966
exists or the new entity is to exist;	13967

(c) The date of the filing of the certificate of merger or	13968
consolidation in the secretary of state's office;	13969

(d) The effective date of the merger or consolidation.

13970

(2) The certificate of the secretary of state or a copy of a	13971
certificate of merger or consolidation that has been certified by	13972
the secretary of state may be filed for record in the office of	13973
the recorder of any county in this state and, if filed, shall be	13974
recorded in the record of deeds for that county. For that	13975
recording, the county recorder shall charge and collect the same	13976
fees as for recording a deed.	13977

Sec. 1705.55. (A) If any statement in an application for	13978
registration as a foreign limited liability company is materially	13979
false when made or if any facts described in the application have	13980
changed making it inaccurate in any material respect, the foreign	13981
limited liability company shall file promptly with the secretary	13982
of state a certificate correcting the application that shall be on	13983
a form that is prescribed by the secretary of state and be signed	13984
by an authorized representative of the company. If	13985

(B) If the application for registration or a subsequent	13986
certificate of correction becomes inaccurate because the	13987
designated agent resigns or changes the agent's address from that	13988
appearing in the registration application or any subsequent	13989
certificate of correction of the registration application, the	13990
foreign limited liability company, or the designated agent on its	13991
behalf, shall file a notice of that resignation or change promptly	13992
with the secretary of state a new certificate of correction	13993
setting forth the new address.	13994

(C) A foreign limited liability company may revoke the	13995
appointment of its designated agent described in division (A) of	13996
section 1705.54 of the Revised Code by filing with the secretary	13997
of state, on a form prescribed by the secretary of state, a	13998
written appointment of another agent and an acceptance of	13999
appointment in the manner described in division (B)(2) of section	14000
1705.06 of the Revised Code and a statement indicating that the	14001
appointment of the former agent is revoked.	14002

(D) The fee specified in division (R) of section 111.16 of	14003
the Revised Code shall accompany a filing under division (B) or	14004
(C) of this section.	14005

Sec. 1746.04.  (A) Except as set forth in section 1746.03 of	14006
the Revised Code, before transacting business in this state, a	14007
business trust shall file a report in the office of the secretary	14008
of state, on forms prescribed by the secretary of state, a report	14009
containing the following information:	14010

(1) A list of the names and addresses of its trustees;

14011

(2) The address of its principal office;

14012

(3) In the case of a foreign business trust, the address of	14013
its principal office within this state, if any;	14014

(4) The business names of the business trust, including any	14015
fictitious or assumed names;	14016

(5) The name and address within this state of a designated	14017
agent upon whom process against the business trust may be served;	14018

(6) The irrevocable consent of the business trust to service	14019
of process upon its designated agent and to service of process	14020
upon the secretary of state if, without the registration of	14021
another agent with the secretary of state, its designated agent	14022
has died, resigned, lost authority, dissolved, become	14023
disqualified, or has removed from this state, or if its designated	14024
agent cannot, with due diligence, be found.	14025

Such report shall have attached as an exhibit an executed	14026
copy of the trust instrument or a true and correct copy of it,	14027
certified to be such by a trustee before an official authorized to	14028
administer oaths or by a public official in another state in whose	14029
office an executed copy is on file.	14030

(B) Not more than ninety days after the occurrence of any	14031
event causing any filing, including exhibits, made pursuant to	14032
division (A) of this section, or any previous filing made pursuant	14033
to this division, to be inaccurate or incomplete, there shall be	14034
filed in the office of the secretary of state all information	14035
necessary to maintain the accuracy and completeness of such	14036
filing.	14037

(C) The secretary of state shall charge and collect a fee	14038
the fees specified in division (T) of seventy-five dollarssection	14039
111.16 of the Revised Code for each filing made under division (A)	14040
of this section and fifteen dollars for each filing under division	14041
or (B) of this section, except for filings under division (B) of	14042
this section pertaining solely to division (A)(5) of this section,	14043
for which the secretary of state shall charge and collect the fee	14044
specified in division (R) of section 111.16 of the Revised Code.	14045

(D) The trust instrument and other information filed in the	14046
office of the secretary of state are matters of public record, and	14047
persons dealing with a business trust are charged with	14048
constructive notice of the contents of any such instrument or	14049
information by reason of such filing.	14050

(E) A copy of a trust instrument or other information filed	14051
in the office of the secretary of state shall be accepted as	14052
prima-facie evidence of the existence of the instrument or other	14053
information and of its contents, and conclusive evidence of the	14054
existence of such record.	14055

Sec. 1746.06.  (A) No business trust that has made a filing	14056
pursuant to section 1746.04 of the Revised Code may use the words	14057
"Incorporated," "Corporation," "Inc.," "Co.," "Partnership,"	14058
"Ltd.," or derivatives thereof in its name.	14059

(B) No business trust formed after the effective date of	14060
this chapter that has made a filing pursuant to section 1746.04 of	14061
the Revised Code shall assume the name of any corporation	14062
established under the laws of this state, or of a corporation,	14063
firm, or association, or trust whether or not as defined in	14064
section 1746.01 of the Revised Code, or of an individual, carrying	14065
on business in this state at the time when the business trust is	14066
created, or assume a name so similar thereto as to be likely to be	14067
mistaken for it, except with the written consent of such existing	14068
corporation, firm, association, or trust, or of such individual,	14069
previously or concurrently filed with the secretary of state.	14070

(C) The secretary of state shall refuse to receive for	14071
filing the trust instrument of a business trust if it appears to	14072
himthe secretary of state to have violated any provision of this	14073
section. The courts of common pleas of this state shall have	14074
jurisdiction, upon the application of any person interested or	14075
affected, to enjoin a business trust from transacting business	14076
under any name in violation of any provision of this section,	14077
notwithstanding that the trust instrument of such business trust	14078
has been received for filing under section 1746.04 of the Revised	14079
Code.	14080

(D) Any person who wishes to reserve a name for a proposed	14081
new business trust, or any business trust intending to change its	14082
name, may submit to the secretary of state a written application	14083
for the exclusive right to use a specified name as the name of a	14084
business trust. If the secretary of state finds that, under this	14085
section, the specified name is available for such use, hethe	14086
secretary of state shall indorse histhe secretary of state's	14087
approval upon and file such application and, from the date of such	14088
indorsement, such applicant shall have the exclusive right for	14089
sixtyone hundred eighty days to use the specified name as the	14090
name of a business trust, counting the date of such indorsement as	14091
the first of the sixtyone hundred eighty days. The right so	14092
obtained may be transferred by the applicant or other holder	14093
thereof by the filing in the office of the secretary of state of a	14094
written transfer stating the name and address of the transferee.	14095
For filing any application for the exclusive right to use a	14096
specified name under this division, the secretary of state shall	14097
charge and collect athe fee specified in division (S)(1) of five	14098
dollarssection 111.16 of the Revised Code. For each filing of a	14099
transfer of the right to an exclusive name under this division,	14100
the secretary of state shall charge and collect the fee specified	14101
in division (S)(4) of section 111.16 of the Revised Code.	14102

(E) Any business trust that has not made the filings	14103
described under section 1746.04 of the Revised Code may submit to	14104
the secretary of state a written application for the exclusive	14105
right to use a specified name as the name of such business trust.	14106
If the secretary of state finds that, under this section, the	14107
specified name is available for such use, hethe secretary of	14108
state shall indorse histhe secretary of state's approval upon and	14109
file such application and, from the date of such indorsement, such	14110
applicant has the exclusive right to use the specified name for	14111
the period that it transacts business. The right so obtained may	14112
be transferred by the applicant or other holder thereof by the	14113
filing in the office of the secretary of state of a written	14114
transfer stating the name and address of the transferee. For	14115
filing anyan application for the exclusive right to use a	14116
specified name under this division, the secretary of state shall	14117
charge and collect athe fee specified in division (S)(1) of five	14118
dollarssection 111.16 of the Revised Code.	14119

Sec. 1746.15.  Any business trust that has made the filings	14120
described in section 1746.04 of the Revised Code may withdraw from	14121
this state at any time by filing in the office of the secretary of	14122
state a verified copy of a resolution duly adopted by its trustees	14123
declaring its intention to withdraw and surrender its authority,	14124
accompanied by athe fee of fifteen dollarsspecified in division	14125
(T) of section 111.16 of the Revised Code.	14126

Sec. 1747.03.  (A) Before transacting real estate business	14127
in this state, a real estate investment trust shall file the	14128
following report in the office of the secretary of state, on forms	14129
prescribed by the secretary of state:	14130

(1) An executed copy of the trust instrument or a true and	14131
correct copy of it, certified to be such by a trustee before an	14132
official authorized to administer oaths or by a public official in	14133
another state in whose office an executed copy is on file;	14134

(2) A list of the names and addresses of its trustees;

14135

(3) The address of its principal office;

14136

(4) In the case of a foreign real estate investment trust,	14137
the address of its principal office within this state, if any;	14138

(5) The business name of the trust;

14139

(6) The name and address within this state of a designated	14140
agent upon whom process against the trust may be served;	14141

(7) The irrevocable consent of the trust to service of	14142
process on its designated agent and to service of process upon the	14143
secretary of state if, without the registration of another agent	14144
with the secretary of state, its designated agent has died,	14145
resigned, lost authority, dissolved, become disqualified, or has	14146
removed from this state, or if its designated agent cannot, with	14147
due diligence, be found;	14148

(8) Not more than ninety days after the occurrence of any	14149
event causing any filing made pursuant to divisions (A)(2) to (6)	14150
of this section, or any previous filing made pursuant to this	14151
division, to be inaccurate or incomplete, all information	14152
necessary to maintain the accuracy and completeness of such	14153
filing.	14154

(B) For filingfilings under this section, the secretary of	14155
state shall charge and collect athe fee specified in division (T)	14156
of fifty dollars, except that for filing under division (A)(8) of	14157
this section, the secretary of state shall charge and collect a	14158
fee of ten dollarssection 111.16 of the Revised Code, except for	14159
filings under division (A)(8) of this section pertaining solely to	14160
division (A)(6) of this section, for which the secretary of state	14161
shall charge and collect the fee specified in division (R) of	14162
section 111.16 of the Revised Code.	14163

(C) All persons shall be given the opportunity to acquire	14164
knowledge of the contents of the trust instrument and other	14165
information filed in the office of the secretary of state, but no	14166
person dealing with a real estate investment trust shall be	14167
charged with constructive notice of the contents of any such	14168
instrument or information by reason of such filing.	14169

(D) A copy of a trust instrument or other information filed	14170
in the office of the secretary of state shall beis prima-facie	14171
evidence of the existence of the instrument or other information	14172
and of its contents, and asis conclusive evidence of the	14173
existence of such record.	14174

Sec. 1747.04.  A trust instrument may be amended in the	14175
manner specified in it or in any manner that is valid under the	14176
common or statutory law applicable to the trust created thereunder	14177
under it. However, no amendment adopted subsequent to the initial	14178
filings required by section 1747.03 of the Revised Code is legally	14179
effective in this state until an executed or certified true and	14180
correct copy of the amendment has been filed in the office of the	14181
secretary of state accompanied by athe fee specified in division	14182
(T) of twenty-five dollarssection 111.16 of the Revised Code.	14183

Sec. 1747.10.  Any domestic or foreign real estate investment	14184
trust authorized to transact real estate business in this state	14185
may surrender its authority at any time by filing in the office of	14186
the secretary of state a verified copy of a resolution duly	14187
adopted by its trustees declaring its intention to withdraw,	14188
accompanied by athe fee specified in division (T) of ten dollars	14189
section 111.16 of the Revised Code. Such real estate investment	14190
trust then ceases and is without authority to transact real estate	14191
business in this state, except as necessary for the concluding	14192
thereofits conclusion.	14193

Sec. 1775.63.  (A) A domestic limited liability partnership	14194
or foreign registered limited liability partnership shall,	14195
annuallybiennially during the month of July in odd-numbered	14196
years, file a report with the office of the secretary of state	14197
verifying and, if necessary, updating, as of the thirtieth day of	14198
June of that year, the information contained in the registration	14199
application required by division (A) of sections 1775.61 and	14200
1775.64 of the Revised Code. The annual report shall be made on a	14201
form prescribed and furnished by the secretary of state and shall	14202
be signed by a majority in interest of the partners or by one or	14203
more partners authorized by the partnership to execute the report.	14204

(B) If a domestic limited liability partnership or foreign	14205
registered limited liability partnership fails to file the annual	14206
report in accordance with division (A) of this section, the	14207
secretary of state shall give notice of the failure by certified	14208
mail to the last known address of the partnership or its statutory	14209
agent. If the report is not filed within thirty days after the	14210
mailing of the notice, the secretary of state shall, upon the	14211
expiration of that period, cancel the registration of the	14212
partnership, give notice of the cancellation to the partnership by	14213
regular mail to the last known address of the partnership or its	14214
statutory agent, and make a notation of the cancellation on the	14215
secretary of state's records.	14216

(C) A domestic limited liability partnership or foreign	14217
registered limited liability partnership whose registration has	14218
been canceled pursuant to division (B) of this section may be	14219
reinstated by filing an application for reinstatement, together	14220
with the required annual report or reports, and by paying athe	14221
reinstatement fee specified in division (Q) of ten dollarssection	14222
111.16 of the Revised Code. The secretary of state shall inform	14223
the tax commissioner of all cancellations and reinstatements under	14224
this section.	14225

Sec. 1775.64.  (A) Before transacting business in this	14226
state, a foreign limited liability partnership shall file a	14227
registration application with the secretary of state. The	14228
application shall be on a form prescribed by the secretary of	14229
state and shall set forth only the following information:	14230

(1) The name of the partnership;

14231

(2) The jurisdiction pursuant to the laws of which it was	14232
organized as a limited liability partnership;	14233

(3) The address of its principal office or, if the	14234
partnership's principal office is not located in this state, the	14235
address of a registered office;	14236

(4) The name and address of its agent for service of process	14237
in this state;	14238

(5) A brief statement of the business in which the	14239
partnership engages.	14240

(B) A registration application shall be accompanied by the	14241
application fee specified in division (F) of section 111.16 of the	14242
Revised Code.	14243

(C) A foreign limited liability partnership transacting	14244
business in this state shall comply with the name, correction, and	14245
annual reporting requirements set forth in division (G) of section	14246
1775.61, divisions (B) and (C) of section 1775.62, and section	14247
1775.63 of the Revised Code and shall comply with any statutory or	14248
administrative registration or filing requirements governing the	14249
specific type of business in which the partnership engages.	14250

(D) The secretary of state shall register as a foreign	14251
limited liability partnership, any foreign limited liability	14252
partnership that submits a completed registration application with	14253
the required fee.	14254

(E) Registration as a foreign limited liability partnership	14255
ceases if either of the following occurs:	14256

(1) The registration is voluntarily withdrawn by filing with	14257
the secretary of state, on a form prescribed by the secretary of	14258
state, a written withdrawal notice signed by one or more partners	14259
authorized by the partnership to execute a withdrawal notice.	14260

(2) The registration is canceled by the secretary of state	14261
pursuant to section 1775.63 of the Revised Code.	14262

Sec. 1782.04. (A) Each limited partnership shall maintain	14263
continuously in this state an agent for service of process on the	14264
limited partnership. The agent shall be a natural person who is a	14265
resident of this state, a domestic corporation, or a foreign	14266
corporation holding a license as such under the laws of this	14267
state.	14268

(B) The secretary of state shall not accept a certificate of	14269
limited partnership for filing unless there is filed with the	14270
certificate a written appointment of an agent that is signed by	14271
the general partners of the limited partnership and a written	14272
acceptance of the appointment that is signed by the agent, or	14273
unless there is filed a written appointment of an agent that is	14274
signed by any authorized officer of the limited partnership and a	14275
written acceptance of the appointment that is either the original	14276
acceptance signed by the agent or a photocopy, facsimile, or	14277
similar reproduction of the original acceptance signed by the	14278
agent.	14279

In the discretion of the secretary of state, an original	14280
appointment of statutory agent may be submitted on the same form	14281
as the certificate of limited partnership but shall not be	14282
considered a part of the certificate.	14283

(C) The written appointment of an agent shall set forth the	14284
name and address in this state of the agent, including the street	14285
and number or other particular description, and shall otherwise be	14286
in the form the secretary of state prescribes. The secretary of	14287
state shall keep a record of the names of limited partnerships,	14288
and the names and addresses of their respective agents.	14289

(D) If any agent dies, removes from the state, or resigns,	14290
the limited partnership shall forthwith appoint another agent and	14291
file with the secretary of state, on a form prescribed by the	14292
secretary of state, a written appointment of the new agent.	14293

(E) If the agent changes the agent's address from that	14294
appearing upon the record in the office of the secretary of state,	14295
the limited partnership or the agent forthwith shall file with the	14296
secretary of state, on a form prescribed by the secretary of	14297
state, a written statement setting forth the new address.	14298

(F) An agent may resign by filing with the secretary of	14299
state, on a form prescribed by the secretary of state, a written	14300
notice to that effect that is signed by the agent and by sending a	14301
copy of the notice to the limited partnership at its current or	14302
last known address or its principal office on or prior to the date	14303
the notice is filed with the secretary of state. The notice shall	14304
set forth the name of the limited partnership, the name and	14305
current address of the agent, the current or last known address,	14306
including the street and number or other particular description,	14307
of the limited partnership's principal office, the resignation of	14308
the agent, and a statement that a copy of the notice has been sent	14309
to the limited partnership within the time and in the manner	14310
prescribed by this division. Upon the expiration of thirty days	14311
after the filing, the authority of the agent shall terminate.	14312

(G) A limited partnership may revoke the appointment of an	14313
agent by filing with the secretary of state, on a form prescribed	14314
by the secretary of state, a written appointment of another agent	14315
and a statement that the appointment of the former agent is	14316
revoked.	14317

(H) Except when an original appointment of an agent is	14318
filed with the certificate of limited partnership, a written	14319
appointment of an agent or a written statement filed by a limited	14320
partnership with the secretary of state shall be signed by any	14321
authorized officer of the limited partnership, or the general	14322
partners of the limited partnership, or a majority of them.	14323

Sec. 1782.08.  (A) To form a limited partnership, a	14324
certificate of limited partnership shall be executed and filed	14325
with the secretary of state, as provided in section 1782.13 of the	14326
Revised Code. The certificate shall be on a form prescribed by	14327
the secretary of state and shall set forth all of the following:	14328

(1) The name of the limited partnership;

14329

(2) The address of the principal place of business of the	14330
limited partnership and the name and address, including the street	14331
and number or other particular description, of the agent for	14332
service of process maintained pursuant to section 1782.04 of the	14333
Revised Code;	14334

(3) The name and business or residence address of each	14335
general partner;	14336

(4) Any other matters that the general partners determine to	14337
include in the certificate.	14338

(B) A written appointment of a statutory agent for the	14339
purpose set forth in section 1782.04 of the Revised Code shall be	14340
filed with the certificate of limited partnership.	14341

(C) A limited partnership is an entity formed at the time of	14342
filing the certificate of limited partnership pursuant to section	14343
1782.13 of the Revised Code or at any later time specified in the	14344
certificate if, in either case, there has been substantial	14345
compliance with the requirements of divisiondivisions (A) and (B)	14346
of this section.	14347

Sec. 1782.09.  (A) A certificate of limited partnership	14348
shall be amended by filing a certificate of amendment with the	14349
secretary of state. The certificate of amendment shall be on a	14350
form prescribed by the secretary of state and shall state all of	14351
the following:	14352

(1) The name of the limited partnership and the file number	14353
assigned to it by the secretary of state;	14354

(2) The date of the first filing of the certificate of	14355
limited partnership and, if different, the date of the first	14356
filing by the partnership with the secretary of state pursuant to	14357
section 1782.63 of the Revised Code;	14358

(3) The amendment to the certificate of limited partnership.

14359

(B) Within thirty days after the occurrence of any of the	14360
following events, an amendment to a certificate of limited	14361
partnership reflecting the occurrence of the event shall be filed	14362
pursuant to division (A) of this section:	14363

(1) A new general partner is admitted;

14364

(2) A general partner withdraws;

14365

(3) The business is continued pursuant to section 1782.44 of	14366
the Revised Code after an event of withdrawal of a general	14367
partner;	14368

(4) The address of the principal place of business of the	14369
limited partnership changes;	14370

(5) The name or identity of the statutory agent changes;

14371

(6) The address of the statutory agent changes;

14372

(7) The name of the limited partnership is changes.

14373

(C) A general partner who becomes aware that any statement	14374
in the certificate of limited partnership was materially false	14375
when made or that any arrangements or other facts described have	14376
changed, thereby making the certificate materially inaccurate,	14377
promptly shall amend the certificate.	14378

If the certificate becomes inaccurate because the designated	14379
agent changes the agent's address from that appearing in the	14380
certificate of limited partnership or any subsequent amendment	14381
thereto, the limited partnership, or the designated agent on its	14382
behalf, shall file promptly with the secretary of state, on a form	14383
prescribed by the secretary of state, an amendment setting forth	14384
the new address.	14385

(D) A certificate of limited partnership may be amended at	14386
any time for any other proper purpose the general partners	14387
determine.	14388

(E) A person is not liable because an amendment to a	14389
certificate of limited partnership has not been filed to reflect	14390
the occurrence of an event referred to in division (B) of this	14391
section if the amendment is filed within the thirty-day period	14392
specified in that division.	14393

(F) A certificate of limited partnership may be restated at	14394
any time by filing a restatement of the certificate of limited	14395
partnership with the secretary of state.	14396

Sec. 1782.433.  (A) Upon the adoption by each constituent	14397
entity of an agreement of merger or consolidation pursuant to	14398
section 1782.431 or 1782.432 of the Revised Code, a certificate of	14399
merger or consolidation shall be filed with the secretary of state	14400
that is signed by an authorized representative of each constituent	14401
entity. The certificate shall be on a form prescribed by the	14402
secretary of state and shall set forth only the information	14403
required by this section.	14404

(B)(1) The certificate of merger or consolidation shall set	14405
forth all of the following:	14406

(a) The name and the form of entity of each constituent	14407
entity and the state under the laws of which each constituent	14408
entity exists;	14409

(b) A statement that each constituent entity has complied	14410
with all of the laws under which it exists and that the laws	14411
permit the merger or consolidation;	14412

(c) The name and mailing address of the person or entity	14413
that is to provide, in response to any written request made by a	14414
shareholder, partner, or other equity holder of a constituent	14415
entity, a copy of the agreement of merger or consolidation;	14416

(d) The effective date of the merger or consolidation, which	14417
date may be on or after the date of the filing of the certificate;	14418

(e) The signature of the representative or representatives	14419
authorized to sign the certificate on behalf of each constituent	14420
entity and the office held or the capacity in which the	14421
representative is acting;	14422

(f) A statement that the agreement of merger or	14423
consolidation is authorized on behalf of each constituent entity	14424
and that the persons who signed the certificate on behalf of each	14425
entity are authorized to do so;	14426

(g) In the case of a merger, a statement that one or more	14427
specified constituent entities will be merged into a specified	14428
surviving entity or, in the case of a consolidation, a statement	14429
that the constituent entities will be consolidated into a new	14430
entity;	14431

(h) In the case of a merger, if the surviving entity is a	14432
foreign entity not licensed to transact business in this state,	14433
the name and address of the statutory agent upon whom any process,	14434
notice, or demand may be served;	14435

(i) In the case of a consolidation, the name and address of	14436
the statutory agent upon whom any process, notice, or demand	14437
against any constituent entity or the new entity may be served.	14438

(2) In the case of a consolidation into a new domestic	14439
corporation, limited liability company, or limited partnership,	14440
the articles of incorporation, the articles of organization, or	14441
the certificate of limited partnership of the new domestic entity	14442
shall be filed with the certificate of merger or consolidation.	14443

(3) In the case of a merger into a domestic corporation,	14444
limited liability company, or limited partnership, any amendments	14445
to the articles of incorporation, articles of organization, or	14446
certificate of limited partnership of the surviving domestic	14447
entity shall be filed with the certificate of merger or	14448
consolidation.	14449

(4) If the surviving or new entity is a foreign entity that	14450
desires to transact business in this state as a foreign	14451
corporation, limited liability company, or limited partnership,	14452
the certificate of merger or consolidation shall be accompanied by	14453
the information required by division (B)(7), (8), or (9) of	14454
section 1782.432 of the Revised Code.	14455

(5) If a foreign or domestic corporation licensed to	14456
transact business in this state is a constituent entity and the	14457
surviving or new entity resulting from the merger or consolidation	14458
is not a foreign or domestic corporation that is to be licensed to	14459
transact business in this state, the certificate of merger or	14460
consolidation shall be accompanied by the affidavits, receipts,	14461
certificates, or other evidence required by division (H) of	14462
section 1701.86 of the Revised Code, with respect to each domestic	14463
constituent corporation, and by the affidavits, receipts,	14464
certificates, or other evidence required by division (C) or (D) of	14465
section 1703.17 of the Revised Code, with respect to each foreign	14466
constituent corporation licensed to transact business in this	14467
state.	14468

(C) If any constituent entity in a merger or consolidation	14469
is organized or formed under the laws of a state other than this	14470
state or under any chapter of the Revised Code other than this	14471
chapter, there also shall be filed in the proper office all	14472
documents that are required to be filed in connection with the	14473
merger or consolidation by the laws of that state or by that	14474
chapter.	14475

(D) Upon the filing of a certificate of merger or	14476
consolidation and other filings as described in division (C) of	14477
this section or at any later date that the certificate of merger	14478
or consolidation specifies, the merger or consolidation is	14479
effective.	14480

(E) The secretary of state shall furnish, upon request and	14481
payment of athe fee specified in division (D) of ten dollars	14482
section 111.16 of the Revised Code, the secretary of state's	14483
certificate setting forth: the name and form of entity of each	14484
constituent entity and the states under the laws of which each	14485
constituent entity existed prior to the merger or consolidation;	14486
the name and the form of entity of the surviving or new entity and	14487
the state under the laws of which the surviving entity exists or	14488
the new entity is to exist; the date of filing of the certificate	14489
of merger or consolidation with the secretary of state; and the	14490
effective date of the merger or consolidation. The certificate of	14491
the secretary of state, or a copy of the certificate of merger or	14492
consolidation certified by the secretary of state, may be filed	14493
for record in the office of the recorder of any county in this	14494
state and, if filed, shall be recorded in the records of deeds for	14495
that county. For that recording, the county recorder shall charge	14496
and collect the same fee as in the case of deeds.	14497

Sec. 1785.06.  A professional association, within thirty days	14498
after the thirtieth day of June in each year, shall furnish a	14499
statement to the secretary of state showing the names and	14500
post-office addresses of all of the shareholders in the	14501
association and certifying that all of the shareholders are duly	14502
licensed, certificated, or otherwise legally authorized to render	14503
within this state the same professional service for which the	14504
association was organized or, in the case of a combination of	14505
professional services described in division (B) of section 1785.01	14506
of the Revised Code, to render within this state any of the	14507
applicable types of professional services for which the	14508
association was organized. This statement shall be made on a form	14509
that the secretary of state shall prescribe, shall be signed by an	14510
officer of the association, and shall be filed in the office of	14511
the secretary of state.	14512

If any professional association fails to file the annual	14513
statement within the time required by this section, the secretary	14514
of state shall give notice of the failure by certified mail,	14515
return receipt requested, to the last known address of the	14516
association or its agent. If the annual statement is not filed	14517
within thirty days after the mailing of the notice, the secretary	14518
of state, upon the expiration of that period, shall cancel the	14519
association's articles of incorporation, give notice of the	14520
cancellation to the association by mail sent to the last known	14521
address of the association or its agent, and make a notation of	14522
the cancellation on the records of the secretary of state.	14523

A professional association whose articles have been canceled	14524
pursuant to this section may be reinstated by filing an	14525
application for reinstatement and the required annual statement or	14526
statements and by paying athe reinstatement fee specified in	14527
division (Q) of ten dollarssection 111.16 of the Revised Code.	14528
The rights, privileges, and franchises of a professional	14529
association whose articles have been reinstated are subject to	14530
section 1701.922 of the Revised Code. The secretary of state	14531
shall inform the tax commissioner of all cancellations and	14532
reinstatements under this section.	14533

Sec. 1901.26.  (A) Subject to division (E) of this section,	14534
costs in a municipal court shall be fixed and taxed as follows:	14535

(1) The municipal court shall require an advance deposit for	14536
the filing of any new civil action or proceeding when required by	14537
division (A)(9) of this section, and in all other cases, by rule,	14538
shall establish a schedule of fees and costs to be taxed in any	14539
civil or criminal action or proceeding.	14540

(2) The municipal court, by rule, may require an advance	14541
deposit for the filing of any civil action or proceeding and	14542
publication fees as provided in section 2701.09 of the Revised	14543
Code. The court may waive the requirement for advance deposit	14544
upon affidavit or other evidence that a party is unable to make	14545
the required deposit.	14546

(3) When a jury trial is demanded in any civil action or	14547
proceeding, the party making the demand may be required to make an	14548
advance deposit as fixed by rule of court, unless, upon affidavit	14549
or other evidence, the court concludes that the party is unable to	14550
make the required deposit. If a jury is called, the fees of a	14551
jury shall be taxed as costs.	14552

(4) In any civil or criminal action or proceeding,	14553
witnesses' fees shall be fixed in accordance with sections 2335.06	14554
and 2335.08 of the Revised Code.	14555

(5) A reasonable charge for driving, towing, carting,	14556
storing, keeping, and preserving motor vehicles and other personal	14557
property recovered or seized in any proceeding may be taxed as	14558
part of the costs in a trial of the cause, in an amount that shall	14559
be fixed by rule of court.	14560

(6) Chattel property seized under any writ or process issued	14561
by the court shall be preserved pending final disposition for the	14562
benefit of all persons interested and may be placed in storage	14563
when necessary or proper for that preservation. The custodian of	14564
any chattel property so stored shall not be required to part with	14565
the possession of the property until a reasonable charge, to be	14566
fixed by the court, is paid.	14567

(7) The municipal court, as it determines, may refund all	14568
deposits and advance payments of fees and costs, including those	14569
for jurors and summoning jurors, when they have been paid by the	14570
losing party.	14571

(8) Charges for the publication of legal notices required by	14572
statute or order of court may be taxed as part of the costs, as	14573
provided by section 7.13 of the Revised Code.	14574

(B)(1) The municipal court may determine that, for the	14575
efficient operation of the court, additional funds are necessary	14576
to acquire and pay for special projects of the court including,	14577
but not limited to, the acquisition of additional facilities or	14578
the rehabilitation of existing facilities, the acquisition of	14579
equipment, the hiring and training of staff, community service	14580
programs, mediation or dispute resolution services, the employment	14581
of magistrates, the training and education of judges, acting	14582
judges, and magistrates, and other related services. Upon that	14583
determination, the court by rule may charge a fee, in addition to	14584
all other court costs, on the filing of each criminal cause, civil	14585
action or proceeding, or judgment by confession.	14586

If the municipal court offers a special program or service in	14587
cases of a specific type, the municipal court by rule may assess	14588
an additional charge in a case of that type, over and above court	14589
costs, to cover the special program or service. The municipal	14590
court shall adjust the special assessment periodically, but not	14591
retroactively, so that the amount assessed in those cases does not	14592
exceed the actual cost of providing the service or program.	14593

All moneys collected under division (B) of this section shall	14594
be paid to the county treasurer if the court is a county-operated	14595
municipal court or to the city treasurer if the court is not a	14596
county-operated municipal court for deposit into either a general	14597
special projects fund or a fund established for a specific special	14598
project. Moneys from a fund of that nature shall be disbursed	14599
upon an order of the court in an amount no greater than the actual	14600
cost to the court of a project. If a specific fund is terminated	14601
because of the discontinuance of a program or service established	14602
under division (B) of this section, the municipal court may order	14603
that moneys remaining in the fund be transferred to an account	14604
established under this division for a similar purpose.	14605

(2) As used in division (B) of this section:

14606

(a) "Criminal cause" means a charge alleging the violation of	14607
a statute or ordinance, or subsection of a statute or ordinance,	14608
that requires a separate finding of fact or a separate plea before	14609
disposition and of which the defendant may be found guilty,	14610
whether filed as part of a multiple charge on a single summons,	14611
citation, or complaint or as a separate charge on a single	14612
summons, citation, or complaint. "Criminal cause" does not include	14613
separate violations of the same statute or ordinance, or	14614
subsection of the same statute or ordinance, unless each charge is	14615
filed on a separate summons, citation, or complaint.	14616

(b) "Civil action or proceeding" means any civil litigation	14617
that must be determined by judgment entry.	14618

(C) Prior to January 1, 1993, and on and after January 1,	14619
2003, the municipal court shall collect the sum of four dollars as	14620
additional filing fees in each new civil action or proceeding for	14621
the charitable public purpose of providing financial assistance to	14622
legal aid societies that operate within the state. From January	14623
1, 1993, through December 31, 2002, theThe municipal court shall	14624
collect in all its divisions except the small claims division the	14625
sum of fifteen dollars as additional filing fees in each new civil	14626
action or proceeding for the charitable public purpose of	14627
providing financial assistance to legal aid societies that operate	14628
within the state. From January 1, 1993, through December 31, 2002,	14629
theThe municipal court shall collect in its small claims division	14630
the sum of seven dollars as additional filing fees in each new	14631
civil action or proceeding for the charitable public purpose of	14632
providing financial assistance to legal aid societies that operate	14633
within the state. This division does not apply to any execution	14634
on a judgment, proceeding in aid of execution, or other	14635
post-judgment proceeding arising out of a civil action. The	14636
filing fees required to be collected under this division shall be	14637
in addition to any other court costs imposed in the action or	14638
proceeding and shall be collected at the time of the filing of the	14639
action or proceeding. The court shall not waive the payment of	14640
the additional filing fees in a new civil action or proceeding	14641
unless the court waives the advanced payment of all filing fees in	14642
the action or proceeding. All such moneys shall be transmitted on	14643
the first business day of each month by the clerk of the court to	14644
the treasurer of state. The moneys then shall be deposited by the	14645
treasurer of state to the credit of the legal aid fund established	14646
under section 120.52 of the Revised Code.	14647

The court may retain up to one per cent of the moneys it	14648
collects under this division to cover administrative costs,	14649
including the hiring of any additional personnel necessary to	14650
implement this division.	14651

(D) In the Cleveland municipal court, reasonable charges for	14652
investigating titles of real estate to be sold or disposed of	14653
under any writ or process of the court may be taxed as part of the	14654
costs.	14655

(E) Under the circumstances described in sections 2969.21 to	14656
2969.27 of the Revised Code, the clerk of the municipal court	14657
shall charge the fees and perform the other duties specified in	14658
those sections.	14659

Sec. 1907.24.  (A) Subject to division (C) of this section,	14660
a county court shall fix and tax fees and costs as follows:	14661

(1) The county court shall require an advance deposit for	14662
the filing of any new civil action or proceeding when required by	14663
division (C) of this section and, in all other cases, shall	14664
establish a schedule of fees and costs to be taxed in any civil or	14665
criminal action or proceeding.	14666

(2) The county court by rule may require an advance deposit	14667
for the filing of a civil action or proceeding and publication	14668
fees as provided in section 2701.09 of the Revised Code. The	14669
court may waive an advance deposit requirement upon the	14670
presentation of an affidavit or other evidence that establishes	14671
that a party is unable to make the requisite deposit.	14672

(3) When a party demands a jury trial in a civil action or	14673
proceeding, the county court may require the party to make an	14674
advance deposit as fixed by rule of court, unless the court	14675
concludes, on the basis of an affidavit or other evidence	14676
presented by the party, that the party is unable to make the	14677
requisite deposit. If a jury is called, the county court shall	14678
tax the fees of a jury as costs.	14679

(4) In a civil or criminal action or proceeding, the county	14680
court shall fix the fees of witnesses in accordance with sections	14681
2335.06 and 2335.08 of the Revised Code.	14682

(5) A county court may tax as part of the costs in a trial	14683
of the cause, in an amount fixed by rule of court, a reasonable	14684
charge for driving, towing, carting, storing, keeping, and	14685
preserving motor vehicles and other personal property recovered or	14686
seized in a proceeding.	14687

(6) The court shall preserve chattel property seized under a	14688
writ or process issued by the court pending final disposition for	14689
the benefit of all interested persons. The court may place the	14690
chattel property in storage when necessary or proper for its	14691
preservation. The custodian of chattel property so stored shall	14692
not be required to part with the possession of the property until	14693
a reasonable charge, to be fixed by the court, is paid.	14694

(7) The county court, as it determines, may refund all	14695
deposits and advance payments of fees and costs, including those	14696
for jurors and summoning jurors, when they have been paid by the	14697
losing party.	14698

(8) The court may tax as part of costs charges for the	14699
publication of legal notices required by statute or order of	14700
court, as provided by section 7.13 of the Revised Code.	14701

(B)(1) The county court may determine that, for the	14702
efficient operation of the court, additional funds are necessary	14703
to acquire and pay for special projects of the court including,	14704
but not limited to, the acquisition of additional facilities or	14705
the rehabilitation of existing facilities, the acquisition of	14706
equipment, the hiring and training of staff, community service	14707
programs, mediation or dispute resolution services, the employment	14708
of magistrates, the training and education of judges, acting	14709
judges, and magistrates, and other related services. Upon that	14710
determination, the court by rule may charge a fee, in addition to	14711
all other court costs, on the filing of each criminal cause, civil	14712
action or proceeding, or judgment by confession.	14713

If the county court offers a special program or service in	14714
cases of a specific type, the county court by rule may assess an	14715
additional charge in a case of that type, over and above court	14716
costs, to cover the special program or service. The county court	14717
shall adjust the special assessment periodically, but not	14718
retroactively, so that the amount assessed in those cases does not	14719
exceed the actual cost of providing the service or program.	14720

All moneys collected under division (B) of this section shall	14721
be paid to the county treasurer for deposit into either a general	14722
special projects fund or a fund established for a specific special	14723
project. Moneys from a fund of that nature shall be disbursed	14724
upon an order of the court in an amount no greater than the actual	14725
cost to the court of a project. If a specific fund is terminated	14726
because of the discontinuance of a program or service established	14727
under division (B) of this section, the county court may order	14728
that moneys remaining in the fund be transferred to an account	14729
established under this division for a similar purpose.	14730

(2) As used in division (B) of this section:

14731

(a) "Criminal cause" means a charge alleging the violation of	14732
a statute or ordinance, or subsection of a statute or ordinance,	14733
that requires a separate finding of fact or a separate plea before	14734
disposition and of which the defendant may be found guilty,	14735
whether filed as part of a multiple charge on a single summons,	14736
citation, or complaint or as a separate charge on a single	14737
summons, citation, or complaint. "Criminal cause" does not include	14738
separate violations of the same statute or ordinance, or	14739
subsection of the same statute or ordinance, unless each charge is	14740
filed on a separate summons, citation, or complaint.	14741

(b) "Civil action or proceeding" means any civil litigation	14742
that must be determined by judgment entry.	14743

(C) Subject to division (E) of this section, prior to	14744
January 1, 1993, and on and after January 1, 2003, the county	14745
court shall collect the sum of four dollars as additional filing	14746
fees in each new civil action or proceeding for the charitable	14747
public purpose of providing financial assistance to legal aid	14748
societies that operate within the state. Subject to division (E)	14749
of this section, from January 1, 1993, through December 31, 2002,	14750
the county court shall collect in all its divisions except the	14751
small claims division the sum of fifteen dollars as additional	14752
filing fees in each new civil action or proceeding for the	14753
charitable public purpose of providing financial assistance to	14754
legal aid societies that operate within the state. Subject to	14755
division (E) of this section, from January 1, 1993, through	14756
December 31, 2002, the county court shall collect in its small	14757
claims division the sum of seven dollars as additional filing fees	14758
in each new civil action or proceeding for the charitable public	14759
purpose of providing financial assistance to legal aid societies	14760
that operate within the state. This division does not apply to	14761
any execution on a judgment, proceeding in aid of execution, or	14762
other post-judgment proceeding arising out of a civil action. The	14763
filing fees required to be collected under this division shall be	14764
in addition to any other court costs imposed in the action or	14765
proceeding and shall be collected at the time of the filing of the	14766
action or proceeding. The court shall not waive the payment of	14767
the additional filing fees in a new civil action or proceeding	14768
unless the court waives the advanced payment of all filing fees in	14769
the action or proceeding. All such moneys collected during a	14770
month shall be transmitted on or before the twentieth day of the	14771
following month by the clerk of the court to the treasurer of	14772
state. The moneys then shall be deposited by the treasurer of	14773
state to the credit of the legal aid fund established under	14774
section 120.52 of the Revised Code.	14775

The court may retain up to one per cent of the moneys it	14776
collects under this division to cover administrative costs,	14777
including the hiring of any additional personnel necessary to	14778
implement this division.	14779

(D) The county court shall establish by rule a schedule of	14780
fees for miscellaneous services performed by the county court or	14781
any of its judges in accordance with law. If judges of the court	14782
of common pleas perform similar services, the fees prescribed in	14783
the schedule shall not exceed the fees for those services	14784
prescribed by the court of common pleas.	14785

(E) Under the circumstances described in sections 2969.21 to	14786
2969.27 of the Revised Code, the clerk of the county court shall	14787
charge the fees and perform the other duties specified in those	14788
sections.	14789

Sec. 2303.201.  (A)(1) The court of common pleas of any	14790
county may determine that for the efficient operation of the court	14791
additional funds are required to computerize the court, to make	14792
available computerized legal research services, or to do both.	14793
Upon making a determination that additional funds are required for	14794
either or both of those purposes, the court shall authorize and	14795
direct the clerk of the court of common pleas to charge one	14796
additional fee, not to exceed three dollars, on the filing of each	14797
cause of action or appeal under divisions (A), (Q), and (U) of	14798
section 2303.20 of the Revised Code.	14799

(2) All fees collected under division (A)(1) of this section	14800
shall be paid to the county treasurer. The treasurer shall place	14801
the funds from the fees in a separate fund to be disbursed, upon	14802
an order of the court, in an amount not greater than the actual	14803
cost to the court of procuring and maintaining computerization of	14804
the court, computerized legal research services, or both.	14805

(3) If the court determines that the funds in the fund	14806
described in division (A)(2) of this section are more than	14807
sufficient to satisfy the purpose for which the additional fee	14808
described in division (A)(1) of this section was imposed, the	14809
court may declare a surplus in the fund and expend those surplus	14810
funds for other appropriate technological expenses of the court.	14811

(B)(1) The court of common pleas of any county may determine	14812
that, for the efficient operation of the court, additional funds	14813
are required to computerize the office of the clerk of the court	14814
of common pleas and, upon that determination, authorize and direct	14815
the clerk of the court of common pleas to charge an additional	14816
fee, not to exceed ten dollars, on the filing of each cause of	14817
action or appeal, on the filing, docketing, and endorsing of each	14818
certificate of judgment, or on the docketing and indexing of each	14819
aid in execution or petition to vacate, revive, or modify a	14820
judgment under divisions (A), (P), (Q), (T), and (U) of section	14821
2303.20 of the Revised Code. Subject to division (B)(2) of this	14822
section, all moneys collected under division (B)(1) of this	14823
section shall be paid to the county treasurer to be disbursed,	14824
upon an order of the court of common pleas and subject to	14825
appropriation by the board of county commissioners, in an amount	14826
no greater than the actual cost to the court of procuring and	14827
maintaining computer systems for the office of the clerk of the	14828
court of common pleas.	14829

(2) If the court of common pleas of a county makes the	14830
determination described in division (B)(1) of this section, the	14831
board of county commissioners of that county may issue one or more	14832
general obligation bonds for the purpose of procuring and	14833
maintaining the computer systems for the office of the clerk of	14834
the court of common pleas. In addition to the purposes stated in	14835
division (B)(1) of this section for which the moneys collected	14836
under that division may be expended, the moneys additionally may	14837
be expended to pay debt charges on and financing costs related to	14838
any general obligation bonds issued pursuant to division (B)(2) of	14839
this section as they become due. General obligation bonds issued	14840
pursuant to division (B)(2) of this section are Chapter 133.	14841
securities.	14842

(C) Prior to January 1, 1993, and on and after January 1,	14843
2003, the court of common pleas shall collect the sum of four	14844
dollars as additional filing fees in each new civil action or	14845
proceeding for the charitable public purpose of providing	14846
financial assistance to legal aid societies that operate within	14847
the state. From January 1, 1993, through December 31, 2002, the	14848
The court of common pleas shall collect the sum of fifteen dollars	14849
as additional filing fees in each new civil action or proceeding	14850
for the charitable public purpose of providing financial	14851
assistance to legal aid societies that operate within the state.	14852
This division does not apply to proceedings concerning annulments,	14853
dissolutions of marriage, divorces, legal separation, spousal	14854
support, marital property or separate property distribution,	14855
support, or other domestic relations matters; to a juvenile	14856
division of a court of common pleas; to a probate division of a	14857
court of common pleas, except that the additional filing fees	14858
shall apply to name change, guardianship, and adoption	14859
proceedings; or to an execution on a judgment, proceeding in aid	14860
of execution, or other post-judgment proceeding arising out of a	14861
civil action. The filing fees required to be collected under this	14862
division shall be in addition to any other filing fees imposed in	14863
the action or proceeding and shall be collected at the time of the	14864
filing of the action or proceeding. The court shall not waive the	14865
payment of the additional filing fees in a new civil action or	14866
proceeding unless the court waives the advanced payment of all	14867
filing fees in the action or proceeding. All such moneys	14868
collected during a month shall be transmitted on or before the	14869
twentieth day of the following month by the clerk of the court to	14870
the treasurer of state. The moneys then shall be deposited by the	14871
treasurer of state to the credit of the legal aid fund established	14872
under section 120.52 of the Revised Code.	14873

The court may retain up to one per cent of the moneys it	14874
collects under this division to cover administrative costs,	14875
including the hiring of any additional personnel necessary to	14876
implement this division.	14877

(D) On and after the thirtieth day after December 9, 1994,	14878
the court of common pleas shall collect the sum of thirty-two	14879
dollars as additional filing fees in each new action or proceeding	14880
for annulment, divorce, or dissolution of marriage for the purpose	14881
of funding shelters for victims of domestic violence pursuant to	14882
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	14883
required to be collected under this division shall be in addition	14884
to any other filing fees imposed in the action or proceeding and	14885
shall be collected at the time of the filing of the action or	14886
proceeding. The court shall not waive the payment of the	14887
additional filing fees in a new action or proceeding for	14888
annulment, divorce, or dissolution of marriage unless the court	14889
waives the advanced payment of all filing fees in the action or	14890
proceeding. On or before the twentieth day of each month, all	14891
moneys collected during the immediately preceding month pursuant	14892
to this division shall be deposited by the clerk of the court into	14893
the county treasury in the special fund used for deposit of	14894
additional marriage license fees as described in section 3113.34	14895
of the Revised Code. Upon their deposit into the fund, the moneys	14896
shall be retained in the fund and expended only as described in	14897
section 3113.34 of the Revised Code.	14898

(E)(1) The court of common pleas may determine that, for the	14899
efficient operation of the court, additional funds are necessary	14900
to acquire and pay for special projects of the court, including,	14901
but not limited to, the acquisition of additional facilities or	14902
the rehabilitation of existing facilities, the acquisition of	14903
equipment, the hiring and training of staff, community service	14904
programs, mediation or dispute resolution services, the employment	14905
of magistrates, the training and education of judges, acting	14906
judges, and magistrates, and other related services. Upon that	14907
determination, the court by rule may charge a fee, in addition to	14908
all other court costs, on the filing of each criminal cause, civil	14909
action or proceeding, or judgment by confession.	14910

If the court of common pleas offers a special program or	14911
service in cases of a specific type, the court by rule may assess	14912
an additional charge in a case of that type, over and above court	14913
costs, to cover the special program or service. The court shall	14914
adjust the special assessment periodically, but not retroactively,	14915
so that the amount assessed in those cases does not exceed the	14916
actual cost of providing the service or program.	14917

All moneys collected under division (E) of this section shall	14918
be paid to the county treasurer for deposit into either a general	14919
special projects fund or a fund established for a specific special	14920
project. Moneys from a fund of that nature shall be disbursed	14921
upon an order of the court in an amount no greater than the actual	14922
cost to the court of a project. If a specific fund is terminated	14923
because of the discontinuance of a program or service established	14924
under division (E) of this section, the court may order that	14925
moneys remaining in the fund be transferred to an account	14926
established under this division for a similar purpose.	14927

(2) As used in division (E) of this section:

14928

(a) "Criminal cause" means a charge alleging the violation of	14929
a statute or ordinance, or subsection of a statute or ordinance,	14930
that requires a separate finding of fact or a separate plea before	14931
disposition and of which the defendant may be found guilty,	14932
whether filed as part of a multiple charge on a single summons,	14933
citation, or complaint or as a separate charge on a single	14934
summons, citation, or complaint. "Criminal cause" does not include	14935
separate violations of the same statute or ordinance, or	14936
subsection of the same statute or ordinance, unless each charge is	14937
filed on a separate summons, citation, or complaint.	14938

(b) "Civil action or proceeding" means any civil litigation	14939
that must be determined by judgment entry.	14940

Sec. 2317.02.  The following persons shall not testify in	14941
certain respects:	14942

(A) An attorney, concerning a communication made to the	14943
attorney by a client in that relation or the attorney's advice to	14944
a client, except that the attorney may testify by express consent	14945
of the client or, if the client is deceased, by the express	14946
consent of the surviving spouse or the executor or administrator	14947
of the estate of the deceased client and except that, if the	14948
client voluntarily testifies or is deemed by section 2151.421 of	14949
the Revised Code to have waived any testimonial privilege under	14950
this division, the attorney may be compelled to testify on the	14951
same subject;	14952

(B)(1) A physician or a dentist concerning a communication	14953
made to the physician or dentist by a patient in that relation or	14954
the physician's or dentist's advice to a patient, except as	14955
otherwise provided in this division, division (B)(2), and division	14956
(B)(3) of this section, and except that, if the patient is deemed	14957
by section 2151.421 of the Revised Code to have waived any	14958
testimonial privilege under this division, the physician may be	14959
compelled to testify on the same subject.	14960

The testimonial privilege established under this division	14961
does not apply, and a physician or dentist may testify or may be	14962
compelled to testify, in any of the following circumstances:	14963

(a) In any civil action, in accordance with the discovery	14964
provisions of the Rules of Civil Procedure in connection with a	14965
civil action, or in connection with a claim under Chapter 4123. of	14966
the Revised Code, under any of the following circumstances:	14967

(i) If the patient or the guardian or other legal	14968
representative of the patient gives express consent;	14969

(ii) If the patient is deceased, the spouse of the patient	14970
or the executor or administrator of the patient's estate gives	14971
express consent;	14972

(iii) If a medical claim, dental claim, chiropractic claim,	14973
or optometric claim, as defined in section 2305.11 of the Revised	14974
Code, an action for wrongful death, any other type of civil	14975
action, or a claim under Chapter 4123. of the Revised Code is	14976
filed by the patient, the personal representative of the estate of	14977
the patient if deceased, or the patient's guardian or other legal	14978
representative.	14979

(b) In any civil action concerning court-ordered treatment	14980
or services received by a patient, if the court-ordered treatment	14981
or services were ordered as part of a case plan journalized under	14982
section 2151.412 of the Revised Code or the court-ordered	14983
treatment or services are necessary or relevant to dependency,	14984
neglect, or abuse or temporary or permanent custody proceedings	14985
under Chapter 2151. of the Revised Code.	14986

(c) In any criminal action concerning any test or the	14987
results of any test that determines the presence or concentration	14988
of alcohol, a drug of abuse, or alcohol and a drug of abuse in the	14989
patient's blood, breath, urine, or other bodily substance at any	14990
time relevant to the criminal offense in question.	14991

(d) In any criminal action against a physician or dentist.	14992
In such an action, the testimonial privilege established under	14993
this division does not prohibit the admission into evidence, in	14994
accordance with the Rules of Evidence, of a patient's medical or	14995
dental records or other communications between a patient and the	14996
physician or dentist that are related to the action and obtained	14997
by subpoena, search warrant, or other lawful means. A court that	14998
permits or compels a physician or dentist to testify in such an	14999
action or permits the introduction into evidence of patient	15000
records or other communications in such an action shall require	15001
that appropriate measures be taken to ensure that the	15002
confidentiality of any patient named or otherwise identified in	15003
the records is maintained. Measures to ensure confidentiality	15004
that may be taken by the court include sealing its records or	15005
deleting specific information from its records.	15006

(2)(a) If any law enforcement officer submits a written	15007
statement to a health care provider that states that an official	15008
criminal investigation has begun regarding a specified person or	15009
that a criminal action or proceeding has been commenced against a	15010
specified person, that requests the provider to supply to the	15011
officer copies of any records the provider possesses that pertain	15012
to any test or the results of any test administered to the	15013
specified person to determine the presence or concentration of	15014
alcohol, a drug of abuse, or alcohol and a drug of abuse in the	15015
person's blood, breath, or urine at any time relevant to the	15016
criminal offense in question, and that conforms to section	15017
2317.022 of the Revised Code, the provider, except to the extent	15018
specifically prohibited by any law of this state or of the United	15019
States, shall supply to the officer a copy of any of the requested	15020
records the provider possesses. If the health care provider does	15021
not possess any of the requested records, the provider shall give	15022
the officer a written statement that indicates that the provider	15023
does not possess any of the requested records.	15024

(b) If a health care provider possesses any records of the	15025
type described in division (B)(2)(a) of this section regarding the	15026
person in question at any time relevant to the criminal offense in	15027
question, in lieu of personally testifying as to the results of	15028
the test in question, the custodian of the records may submit a	15029
certified copy of the records, and, upon its submission, the	15030
certified copy is qualified as authentic evidence and may be	15031
admitted as evidence in accordance with the Rules of Evidence.	15032
Division (A) of section 2317.422 of the Revised Code does not	15033
apply to any certified copy of records submitted in accordance	15034
with this division. Nothing in this division shall be construed	15035
to limit the right of any party to call as a witness the person	15036
who administered the test to which the records pertain, the person	15037
under whose supervision the test was administered, the custodian	15038
of the records, the person who made the records, or the person	15039
under whose supervision the records were made.	15040

(3)(a) If the testimonial privilege described in division	15041
(B)(1) of this section does not apply as provided in division	15042
(B)(1)(a)(iii) of this section, a physician or dentist may be	15043
compelled to testify or to submit to discovery under the Rules of	15044
Civil Procedure only as to a communication made to the physician	15045
or dentist by the patient in question in that relation, or the	15046
physician's or dentist's advice to the patient in question, that	15047
related causally or historically to physical or mental injuries	15048
that are relevant to issues in the medical claim, dental claim,	15049
chiropractic claim, or optometric claim, action for wrongful	15050
death, other civil action, or claim under Chapter 4123. of the	15051
Revised Code.	15052

(b) If the testimonial privilege described in division	15053
(B)(1) of this section does not apply to a physician or dentist as	15054
provided in division (B)(1)(c) of this section, the physician or	15055
dentist, in lieu of personally testifying as to the results of the	15056
test in question, may submit a certified copy of those results,	15057
and, upon its submission, the certified copy is qualified as	15058
authentic evidence and may be admitted as evidence in accordance	15059
with the Rules of Evidence. Division (A) of section 2317.422 of	15060
the Revised Code does not apply to any certified copy of results	15061
submitted in accordance with this division. Nothing in this	15062
division shall be construed to limit the right of any party to	15063
call as a witness the person who administered the test in	15064
question, the person under whose supervision the test was	15065
administered, the custodian of the results of the test, the person	15066
who compiled the results, or the person under whose supervision	15067
the results were compiled.	15068

(4) The testimonial privilege described in division (B)(1)	15069
of this section is not waived when a communication is made by a	15070
physician to a pharmacist or when there is communication between a	15071
patient and a pharmacist in furtherance of the physician-patient	15072
relation.	15073

(5)(a) As used in divisions (B)(1) to (4) of this section,	15074
"communication" means acquiring, recording, or transmitting any	15075
information, in any manner, concerning any facts, opinions, or	15076
statements necessary to enable a physician or dentist to diagnose,	15077
treat, prescribe, or act for a patient. A "communication" may	15078
include, but is not limited to, any medical or dental, office, or	15079
hospital communication such as a record, chart, letter,	15080
memorandum, laboratory test and results, x-ray, photograph,	15081
financial statement, diagnosis, or prognosis.	15082

(b) As used in division (B)(2) of this section, "health care	15083
provider" has the same meaning as in section 3729.01 of the	15084
Revised Codemeans a hospital, ambulatory care facility, long-term	15085
care facility, pharmacy, emergency facility, or health care	15086
practitioner.	15087

(c) As used in division (B)(5)(b) of this section:

15088

(i) "Ambulatory care facility" means a facility that provides	15089
medical, diagnostic, or surgical treatment to patients who do not	15090
require hospitalization, including a dialysis center, ambulatory	15091
surgical facility, cardiac catheterization facility, diagnostic	15092
imaging center, extracorporeal shock wave lithotripsy center, home	15093
health agency, inpatient hospice, birthing center, radiation	15094
therapy center, emergency facility, and an urgent care center.	15095
"Ambulatory health care facility" does not include the private	15096
office of a physician or dentist, whether the office is for an	15097
individual or group practice.	15098

(ii) "Emergency facility" means a hospital emergency	15099
department or any other facility that provides emergency medical	15100
services.	15101

(iii) "Health care practitioner" has the same meaning as in	15102
section 4769.01 of the Revised Code.	15103

(iv) "Hospital" has the same meaning as in section 3727.01 of	15104
the Revised Code.	15105

(v) "Long-term care facility" means a nursing home,	15106
residential care facility, or home for the aging, as those terms	15107
are defined in section 3721.01 of the Revised Code; an adult care	15108
facility, as defined in section 3722.01 of the Revised Code; a	15109
nursing facility or intermediate care facility for the mentally	15110
retarded, as those terms are defined in section 5111.20 of the	15111
Revised Code; a facility or portion of a facility certified as a	15112
skilled nursing facility under Title XVIII of the "Social Security	15113
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.	15114

(vi) "Pharmacy" has the same meaning as in section 4729.01 of	15115
the Revised Code.	15116

(6) Divisions (B)(1), (2), (3), (4), and (5) of this section	15117
apply to doctors of medicine, doctors of osteopathic medicine,	15118
doctors of podiatry, and dentists.	15119

(7) Nothing in divisions (B)(1) to (6) of this section	15120
affects, or shall be construed as affecting, the immunity from	15121
civil liability conferred by section 307.628 or 2305.33 of the	15122
Revised Code upon physicians who report an employee's use of a	15123
drug of abuse, or a condition of an employee other than one	15124
involving the use of a drug of abuse, to the employer of the	15125
employee in accordance with division (B) of that section. As used	15126
in division (B)(7) of this section, "employee," "employer," and	15127
"physician" have the same meanings as in section 2305.33 of the	15128
Revised Code.	15129

(C) A member of the clergy, rabbi, priest, or regularly	15130
ordained, accredited, or licensed minister of an established and	15131
legally cognizable church, denomination, or sect, when the member	15132
of the clergy, rabbi, priest, or minister remains accountable to	15133
the authority of that church, denomination, or sect, concerning a	15134
confession made, or any information confidentially communicated,	15135
to the member of the clergy, rabbi, priest, or minister for a	15136
religious counseling purpose in the member of the clergy's,	15137
rabbi's, priest's, or minister's professional character; however,	15138
the member of the clergy, rabbi, priest, or minister may testify	15139
by express consent of the person making the communication, except	15140
when the disclosure of the information is in violation of a sacred	15141
trust;	15142

(D) Husband or wife, concerning any communication made by	15143
one to the other, or an act done by either in the presence of the	15144
other, during coverture, unless the communication was made, or act	15145
done, in the known presence or hearing of a third person competent	15146
to be a witness; and such rule is the same if the marital relation	15147
has ceased to exist;	15148

(E) A person who assigns a claim or interest, concerning any	15149
matter in respect to which the person would not, if a party, be	15150
permitted to testify;	15151

(F) A person who, if a party, would be restricted under	15152
section 2317.03 of the Revised Code, when the property or thing is	15153
sold or transferred by an executor, administrator, guardian,	15154
trustee, heir, devisee, or legatee, shall be restricted in the	15155
same manner in any action or proceeding concerning the property or	15156
thing.	15157

(G)(1) A school guidance counselor who holds a valid	15158
educator license from the state board of education as provided for	15159
in section 3319.22 of the Revised Code, a person licensed under	15160
Chapter 4757. of the Revised Code as a professional clinical	15161
counselor, professional counselor, social worker, or independent	15162
social worker, or registered under Chapter 4757. of the Revised	15163
Code as a social work assistant concerning a confidential	15164
communication received from a client in that relation or the	15165
person's advice to a client unless any of the following applies:	15166

(a) The communication or advice indicates clear and present	15167
danger to the client or other persons. For the purposes of this	15168
division, cases in which there are indications of present or past	15169
child abuse or neglect of the client constitute a clear and	15170
present danger.	15171

(b) The client gives express consent to the testimony.

15172

(c) If the client is deceased, the surviving spouse or the	15173
executor or administrator of the estate of the deceased client	15174
gives express consent.	15175

(d) The client voluntarily testifies, in which case the	15176
school guidance counselor or person licensed or registered under	15177
Chapter 4757. of the Revised Code may be compelled to testify on	15178
the same subject.	15179

(e) The court in camera determines that the information	15180
communicated by the client is not germane to the counselor-client	15181
or social worker-client relationship.	15182

(f) A court, in an action brought against a school, its	15183
administration, or any of its personnel by the client, rules after	15184
an in-camera inspection that the testimony of the school guidance	15185
counselor is relevant to that action.	15186

(g) The testimony is sought in a civil action and concerns	15187
court-ordered treatment or services received by a patient as part	15188
of a case plan journalized under section 2151.412 of the Revised	15189
Code or the court-ordered treatment or services are necessary or	15190
relevant to dependency, neglect, or abuse or temporary or	15191
permanent custody proceedings under chapterChapter 2151. of the	15192
Revised Code.	15193

(2) Nothing in division (G)(1) of this section shall relieve	15194
a school guidance counselor or a person licensed or registered	15195
under Chapter 4757. of the Revised Code from the requirement to	15196
report information concerning child abuse or neglect under section	15197
2151.421 of the Revised Code.	15198

(H) A mediator acting under a mediation order issued under	15199
division (A) of section 3109.052 of the Revised Code or otherwise	15200
issued in any proceeding for divorce, dissolution, legal	15201
separation, annulment, or the allocation of parental rights and	15202
responsibilities for the care of children, in any action or	15203
proceeding, other than a criminal, delinquency, child abuse, child	15204
neglect, or dependent child action or proceeding, that is brought	15205
by or against either parent who takes part in mediation in	15206
accordance with the order and that pertains to the mediation	15207
process, to any information discussed or presented in the	15208
mediation process, to the allocation of parental rights and	15209
responsibilities for the care of the parents' children, or to the	15210
awarding of parenting time rights in relation to their children;	15211

(I) A communications assistant, acting within the scope of	15212
the communication assistant's authority, when providing	15213
telecommunications relay service pursuant to section 4931.35 of	15214
the Revised Code or Title II of the "Communications Act of 1934,"	15215
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication	15216
made through a telecommunications relay service. Nothing in this	15217
section shall limit the obligation of a communications assistant	15218
to divulge information or testify when mandated by federal law or	15219
regulation or pursuant to subpoena in a criminal proceeding.	15220

Nothing in this section shall limit any immunity or privilege	15221
granted under federal law or regulation.	15222

(J)(1) A chiropractor in a civil proceeding concerning a	15223
communication made to the chiropractor by a patient in that	15224
relation or the chiropractor's advice to a patient, except as	15225
otherwise provided in this division. The testimonial privilege	15226
established under this division does not apply, and a chiropractor	15227
may testify or may be compelled to testify, in any civil action,	15228
in accordance with the discovery provisions of the Rules of Civil	15229
Procedure in connection with a civil action, or in connection with	15230
a claim under Chapter 4123. of the Revised Code, under any of the	15231
following circumstances:	15232

(a) If the patient or the guardian or other legal	15233
representative of the patient gives express consent.	15234

(b) If the patient is deceased, the spouse of the patient or	15235
the executor or administrator of the patient's estate gives	15236
express consent.	15237

(c) If a medical claim, dental claim, chiropractic claim, or	15238
optometric claim, as defined in section 2305.11 of the Revised	15239
Code, an action for wrongful death, any other type of civil	15240
action, or a claim under Chapter 4123. of the Revised Code is	15241
filed by the patient, the personal representative of the estate of	15242
the patient if deceased, or the patient's guardian or other legal	15243
representative.	15244

(2) If the testimonial privilege described in division	15245
(J)(1) of this section does not apply as provided in division	15246
(J)(1)(c) of this section, a chiropractor may be compelled to	15247
testify or to submit to discovery under the Rules of Civil	15248
Procedure only as to a communication made to the chiropractor by	15249
the patient in question in that relation, or the chiropractor's	15250
advice to the patient in question, that related causally or	15251
historically to physical or mental injuries that are relevant to	15252
issues in the medical claim, dental claim, chiropractic claim, or	15253
optometric claim, action for wrongful death, other civil action,	15254
or claim under Chapter 4123. of the Revised Code.	15255

(3) The testimonial privilege established under this	15256
division does not apply, and a chiropractor may testify or be	15257
compelled to testify, in any criminal action or administrative	15258
proceeding.	15259

(4) As used in this division, "communication" means	15260
acquiring, recording, or transmitting any information, in any	15261
manner, concerning any facts, opinions, or statements necessary to	15262
enable a chiropractor to diagnosis, treat, or act for a patient. A	15263
communication may include, but is not limited to, any	15264
chiropractic, office, or hospital communication such as a record,	15265
chart, letter, memorandum, laboratory test and results, x-ray,	15266
photograph, financial statement, diagnosis, or prognosis.	15267

Sec. 2317.022.  (A) As used in this section, "health care	15268
provider" has the same meaning as in section 3729.012317.02 of	15269
the Revised Code.	15270

(B) If an official criminal investigation has begun	15271
regarding a person or if a criminal action or proceeding is	15272
commenced against a person, any law enforcement officer who wishes	15273
to obtain from any health care provider a copy of any records the	15274
provider possesses that pertain to any test or the result of any	15275
test administered to the person to determine the presence or	15276
concentration of alcohol, a drug of abuse, or alcohol and a drug	15277
of abuse in the person's blood, breath, or urine at any time	15278
relevant to the criminal offense in question shall submit to the	15279
health care facility a written statement in the following form:	15280

"WRITTEN STATEMENT REQUESTING THE RELEASE OF RECORDS

15281

To: .................... (insert name of the health care	15282
provider in question).	15283

I hereby state that an official criminal investigation has	15284
begun regarding, or a criminal action or proceeding has been	15285
commenced against, .................... (insert the name of the	15286
person in question), and that I believe that one or more tests has	15287
been administered to himthat person by this health care provider	15288
to determine the presence or concentration of alcohol, a drug of	15289
abuse, or alcohol and a drug of abuse in histhat person's blood,	15290
breath, or urine at a time relevant to the criminal offense in	15291
question. Therefore, I hereby request that, pursuant to division	15292
(B)(2) of section 2317.02 of the Revised Code, this health care	15293
provider supply me with copies of any records the provider	15294
possesses that pertain to any test or the results of any test	15295
administered to the person specified above to determine the	15296
presence or concentration of alcohol, a drug of abuse, or alcohol	15297
and a drug of abuse in histhat person's blood, breath, or urine	15298
at any time relevant to the criminal offense in question.	15299

.....................................

15300

(Name of officer)

15301

.....................................

15302

(Officer's title)

15303

.....................................

15304

(Officer's employing agency)

15305

.....................................

15306

(Officer's telephone number)

15307

.....................................

15308

.....................................

15309

.....................................

15310

(Agency's address)

15311

.....................................

15312

(Date written statement submitted)"

15313

(C) A health care provider that receives a written statement	15314
of the type described in division (B) of this section shall comply	15315
with division (B)(2) of section 2317.02 of the Revised Code	15316
relative to the written statement.	15317

Sec. 2329.66.  (A) Every person who is domiciled in this	15318
state may hold property exempt from execution, garnishment,	15319
attachment, or sale to satisfy a judgment or order, as follows:	15320

(1)(a) In the case of a judgment or order regarding money	15321
owed for health care services rendered or health care supplies	15322
provided to the person or a dependent of the person, one parcel or	15323
item of real or personal property that the person or a dependent	15324
of the person uses as a residence. Division (A)(1)(a) of this	15325
section does not preclude, affect, or invalidate the creation	15326
under this chapter of a judgment lien upon the exempted property	15327
but only delays the enforcement of the lien until the property is	15328
sold or otherwise transferred by the owner or in accordance with	15329
other applicable laws to a person or entity other than the	15330
surviving spouse or surviving minor children of the judgment	15331
debtor. Every person who is domiciled in this state may hold	15332
exempt from a judgment lien created pursuant to division (A)(1)(a)	15333
of this section the person's interest, not to exceed five thousand	15334
dollars, in the exempted property.	15335

(b) In the case of all other judgments and orders, the	15336
person's interest, not to exceed five thousand dollars, in one	15337
parcel or item of real or personal property that the person or a	15338
dependent of the person uses as a residence.	15339

(2) The person's interest, not to exceed one thousand	15340
dollars, in one motor vehicle;	15341

(3) The person's interest, not to exceed two hundred dollars	15342
in any particular item, in wearing apparel, beds, and bedding, and	15343
the person's interest, not to exceed three hundred dollars in each	15344
item, in one cooking unit and one refrigerator or other food	15345
preservation unit;	15346

(4)(a) The person's interest, not to exceed four hundred	15347
dollars, in cash on hand, money due and payable, money to become	15348
due within ninety days, tax refunds, and money on deposit with a	15349
bank, savings and loan association, credit union, public utility,	15350
landlord, or other person. Division (A)(4)(a) of this section	15351
applies only in bankruptcy proceedings. This exemption may	15352
include the portion of personal earnings that is not exempt under	15353
division (A)(13) of this section.	15354

(b) Subject to division (A)(4)(d) of this section, the	15355
person's interest, not to exceed two hundred dollars in any	15356
particular item, in household furnishings, household goods,	15357
appliances, books, animals, crops, musical instruments, firearms,	15358
and hunting and fishing equipment, that are held primarily for the	15359
personal, family, or household use of the person;	15360

(c) Subject to division (A)(4)(d) of this section, the	15361
person's interest in one or more items of jewelry, not to exceed	15362
four hundred dollars in one item of jewelry and not to exceed two	15363
hundred dollars in every other item of jewelry;	15364

(d) Divisions (A)(4)(b) and (c) of this section do not	15365
include items of personal property listed in division (A)(3) of	15366
this section.	15367

If the person does not claim an exemption under division	15368
(A)(1) of this section, the total exemption claimed under division	15369
(A)(4)(b) of this section shall be added to the total exemption	15370
claimed under division (A)(4)(c) of this section, and the total	15371
shall not exceed two thousand dollars. If the person claims an	15372
exemption under division (A)(1) of this section, the total	15373
exemption claimed under division (A)(4)(b) of this section shall	15374
be added to the total exemption claimed under division (A)(4)(c)	15375
of this section, and the total shall not exceed one thousand five	15376
hundred dollars.	15377

(5) The person's interest, not to exceed an aggregate of	15378
seven hundred fifty dollars, in all implements, professional	15379
books, or tools of the person's profession, trade, or business,	15380
including agriculture;	15381

(6)(a) The person's interest in a beneficiary fund set	15382
apart, appropriated, or paid by a benevolent association or	15383
society, as exempted by section 2329.63 of the Revised Code;	15384

(b) The person's interest in contracts of life or endowment	15385
insurance or annuities, as exempted by section 3911.10 of the	15386
Revised Code;	15387

(c) The person's interest in a policy of group insurance or	15388
the proceeds of a policy of group insurance, as exempted by	15389
section 3917.05 of the Revised Code;	15390

(d) The person's interest in money, benefits, charity,	15391
relief, or aid to be paid, provided, or rendered by a fraternal	15392
benefit society, as exempted by section 3921.18 of the Revised	15393
Code;	15394

(e) The person's interest in the portion of benefits under	15395
policies of sickness and accident insurance and in lump-sumlump	15396
sum payments for dismemberment and other losses insured under	15397
those policies, as exempted by section 3923.19 of the Revised	15398
Code.	15399

(7) The person's professionally prescribed or medically	15400
necessary health aids;	15401

(8) The person's interest in a burial lot, including, but	15402
not limited to, exemptions under section 517.09 or 1721.07 of the	15403
Revised Code;	15404

(9) The person's interest in the following:

15405

(a) Moneys paid or payable for living maintenance or rights,	15406
as exempted by section 3304.19 of the Revised Code;	15407

(b) Workers' compensation, as exempted by section 4123.67 of	15408
the Revised Code;	15409

(c) Unemployment compensation benefits, as exempted by	15410
section 4141.32 of the Revised Code;	15411

(d) Cash assistance payments under the Ohio works first	15412
program, as exempted by section 5107.75 of the Revised Code;	15413

(e) Benefits and services under the prevention, retention,	15414
and contingency program, as exempted by section 5108.08 of the	15415
Revised Code;	15416

(f) Disability assistance payments, as exempted by section	15417
5115.07 of the Revised Code.	15418

(10)(a) Except in cases in which the person was convicted of	15419
or pleaded guilty to a violation of section 2921.41 of the Revised	15420
Code and in which an order for the withholding of restitution from	15421
payments was issued under division (C)(2)(b) of that section or in	15422
cases in which an order for withholding was issued under section	15423
2907.15 of the Revised Code, and only to the extent provided in	15424
the order, and except as provided in sections 3105.171, 3105.63,	15425
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	15426
Code, the person's right to a pension, benefit, annuity,	15427
retirement allowance, or accumulated contributions, the person's	15428
right to a participant account in any deferred compensation	15429
program offered by the Ohio public employees deferred compensation	15430
board, a government unit, or a municipal corporation, or the	15431
person's other accrued or accruing rights, as exempted by section	15432
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	15433
the Revised Code, and the person's right to benefits from the Ohio	15434
public safety officers death benefit fund;	15435

(b) Except as provided in sections 3119.80, 3119.81,	15436
3121.02, 3121.03, and 3123.06 of the Revised Code, the person's	15437
right to receive a payment under any pension, annuity, or similar	15438
plan or contract, not including a payment from a stock bonus or	15439
profit-sharing plan or a payment included in division (A)(6)(b) or	15440
(10)(a) of this section, on account of illness, disability, death,	15441
age, or length of service, to the extent reasonably necessary for	15442
the support of the person and any of the person's dependents,	15443
except if all the following apply:	15444

(i) The plan or contract was established by or under the	15445
auspices of an insider that employed the person at the time the	15446
person's rights under the plan or contract arose.	15447

(ii) The payment is on account of age or length of service.

15448

(iii) The plan or contract is not qualified under the	15449
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	15450
amended.	15451

(c) Except for any portion of the assets that were deposited	15452
for the purpose of evading the payment of any debt and except as	15453
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	15454
3123.06 of the Revised Code, the person's right in the assets held	15455
in, or to receive any payment under, any individual retirement	15456
account, individual retirement annuity, "Roth IRA," or education	15457
individual retirement account that provides benefits by reason of	15458
illness, disability, death, or age, to the extent that the assets,	15459
payments, or benefits described in division (A)(10)(c) of this	15460
section are attributable to any of the following:	15461

(i) Contributions of the person that were less than or equal	15462
to the applicable limits on deductible contributions to an	15463
individual retirement account or individual retirement annuity in	15464
the year that the contributions were made, whether or not the	15465
person was eligible to deduct the contributions on the person's	15466
federal tax return for the year in which the contributions were	15467
made;	15468

(ii) Contributions of the person that were less than or	15469
equal to the applicable limits on contributions to a Roth IRA or	15470
education individual retirement account in the year that the	15471
contributions were made;	15472

(iii) Contributions of the person that are within the	15473
applicable limits on rollover contributions under subsections 219,	15474
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	15475
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	15476
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	15477

(d) Except for any portion of the assets that were deposited	15478
for the purpose of evading the payment of any debt and except as	15479
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	15480
3123.06 of the Revised Code, the person's right in the assets held	15481
in, or to receive any payment under, any Keogh or "H.R. 10" plan	15482
that provides benefits by reason of illness, disability, death, or	15483
age, to the extent reasonably necessary for the support of the	15484
person and any of the person's dependents.	15485

(11) The person's right to receive spousal support, child	15486
support, an allowance, or other maintenance to the extent	15487
reasonably necessary for the support of the person and any of the	15488
person's dependents;	15489

(12) The person's right to receive, or moneys received	15490
during the preceding twelve calendar months from, any of the	15491
following:	15492

(a) An award of reparations under sections 2743.51 to	15493
2743.72 of the Revised Code, to the extent exempted by division	15494
(D) of section 2743.66 of the Revised Code;	15495

(b) A payment on account of the wrongful death of an	15496
individual of whom the person was a dependent on the date of the	15497
individual's death, to the extent reasonably necessary for the	15498
support of the person and any of the person's dependents;	15499

(c) Except in cases in which the person who receives the	15500
payment is an inmate, as defined in section 2969.21 of the Revised	15501
Code, and in which the payment resulted from a civil action or	15502
appeal against a government entity or employee, as defined in	15503
section 2969.21 of the Revised Code, a payment, not to exceed five	15504
thousand dollars, on account of personal bodily injury, not	15505
including pain and suffering or compensation for actual pecuniary	15506
loss, of the person or an individual for whom the person is a	15507
dependent;	15508

(d) A payment in compensation for loss of future earnings of	15509
the person or an individual of whom the person is or was a	15510
dependent, to the extent reasonably necessary for the support of	15511
the debtor and any of the debtor's dependents.	15512

(13) Except as provided in sections 3119.80, 3119.81,	15513
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	15514
earnings of the person owed to the person for services in an	15515
amount equal to the greater of the following amounts:	15516

(a) If paid weekly, thirty times the current federal minimum	15517
hourly wage; if paid biweekly, sixty times the current federal	15518
minimum hourly wage; if paid semimonthly, sixty-five times the	15519
current federal minimum hourly wage; or if paid monthly, one	15520
hundred thirty times the current federal minimum hourly wage that	15521
is in effect at the time the earnings are payable, as prescribed	15522
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	15523
U.S.C. 206(a)(1), as amended;	15524

(b) Seventy-five per cent of the disposable earnings owed to	15525
the person.	15526

(14) The person's right in specific partnership property, as	15527
exempted by division (B)(3) of section 1775.24 of the Revised	15528
Code;	15529

(15) A seal and official register of a notary public, as	15530
exempted by section 147.04 of the Revised Code;	15531

(16) The person's interest in a tuition credit or a payment	15532
under section 3334.09 of the Revised Code pursuant to a tuition	15533
credit contract, as exempted by section 3334.15 of the Revised	15534
Code;	15535

(17) Any other property that is specifically exempted from	15536
execution, attachment, garnishment, or sale by federal statutes	15537
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	15538
U.S.C.A. 101, as amended;	15539

(18) The person's interest, not to exceed four hundred	15540
dollars, in any property, except that division (A)(18) of this	15541
section applies only in bankruptcy proceedings.	15542

(B) As used in this section:

15543

(1) "Disposable earnings" means net earnings after the	15544
garnishee has made deductions required by law, excluding the	15545
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	15546
3121.03, or 3123.06 of the Revised Code.	15547

(2) "Insider" means:

15548

(a) If the person who claims an exemption is an individual,	15549
a relative of the individual, a relative of a general partner of	15550
the individual, a partnership in which the individual is a general	15551
partner, a general partner of the individual, or a corporation of	15552
which the individual is a director, officer, or in control;	15553

(b) If the person who claims an exemption is a corporation,	15554
a director or officer of the corporation; a person in control of	15555
the corporation; a partnership in which the corporation is a	15556
general partner; a general partner of the corporation; or a	15557
relative of a general partner, director, officer, or person in	15558
control of the corporation;	15559

(c) If the person who claims an exemption is a partnership,	15560
a general partner in the partnership; a general partner of the	15561
partnership; a person in control of the partnership; a partnership	15562
in which the partnership is a general partner; or a relative in, a	15563
general partner of, or a person in control of the partnership;	15564

(d) An entity or person to which or whom any of the	15565
following applies:	15566

(i) The entity directly or indirectly owns, controls, or	15567
holds with power to vote, twenty per cent or more of the	15568
outstanding voting securities of the person who claims an	15569
exemption, unless the entity holds the securities in a fiduciary	15570
or agency capacity without sole discretionary power to vote the	15571
securities or holds the securities solely to secure to debt and	15572
the entity has not in fact exercised the power to vote.	15573

(ii) The entity is a corporation, twenty per cent or more of	15574
whose outstanding voting securities are directly or indirectly	15575
owned, controlled, or held with power to vote, by the person who	15576
claims an exemption or by an entity to which division (B)(2)(d)(i)	15577
of this section applies.	15578

(iii) A person whose business is operated under a lease or	15579
operating agreement by the person who claims an exemption, or a	15580
person substantially all of whose business is operated under an	15581
operating agreement with the person who claims an exemption.	15582

(iv) The entity operates the business or all or	15583
substantially all of the property of the person who claims an	15584
exemption under a lease or operating agreement.	15585

(e) An insider, as otherwise defined in this section, of a	15586
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	15587
(iv) of this section applies, as if the person or entity were a	15588
person who claims an exemption;	15589

(f) A managing agent of the person who claims an exemption.

15590

(3) "Participant account" has the same meaning as in section	15591
148.01 of the Revised Code.	15592

(4) "Government unit" has the same meaning as in section	15593
148.06 of the Revised Code.	15594

(C) For purposes of this section, "interest" shall be	15595
determined as follows:	15596

(1) In bankruptcy proceedings, as of the date a petition is	15597
filed with the bankruptcy court commencing a case under Title 11	15598
of the United States Code;	15599

(2) In all cases other than bankruptcy proceedings, as of	15600
the date of an appraisal, if necessary under section 2329.68 of	15601
the Revised Code, or the issuance of a writ of execution.	15602

An interest, as determined under division (C)(1) or (2) of	15603
this section, shall not include the amount of any lien otherwise	15604
valid pursuant to section 2329.661 of the Revised Code.	15605

Sec. 2715.041.  (A) Upon the filing of a motion for an order	15606
of attachment pursuant to section 2715.03 of the Revised Code, the	15607
plaintiff shall file with the clerk of the court a praecipe	15608
instructing the clerk to issue to the defendant against whom the	15609
motion was filed a notice of the proceeding. Upon receipt of the	15610
praecipe, the clerk shall issue the notice which shall be in	15611
substantially the following form:	15612

(Case Caption)

15615

NOTICE

15616

You are hereby notified that (name and address of plaintiff),	15617
the plaintiff in this proceeding, has applied to this court for	15618
the attachment of property in your possession. The basis for this	15619
application is indicated in the documents that are enclosed with	15620
this notice.	15621

The law of Ohio and the United States provides that certain	15622
benefit payments cannot be taken from you to pay a debt. Typical	15623
among the benefits that cannot be attached or executed on by a	15624
creditor are:	15625

(1) Workers' compensation benefits;

15626

(2) Unemployment compensation payments;

15627

(3) Cash assistance payments under the Ohio works first	15628
program;	15629

(4) Benefits and services under the prevention, retention,	15630
and contingency program;	15631

(5) Disability assistance administered by the Ohio department	15632
of job and family services;	15633

(5)(6) Social security benefits;

15634

(6)(7) Supplemental security income (S.S.I.);

15635

(7)(8) Veteran's benefits;

15636

(8)(9) Black lung benefits;

15637

(9)(10) Certain pensions.

15638

Additionally, your wages never can be taken to pay a debt	15639
until a judgment has been obtained against you. There may be	15640
other benefits not included in this list that apply in your case.	15641

If you dispute the plaintiff's claim and believe that you are	15642
entitled to retain possession of the property because it is exempt	15643
or for any other reason, you may request a hearing before this	15644
court by disputing the claim in the request for hearing form	15645
appearing below, or in a substantially similar form, and	15646
delivering the request for the hearing to this court, at the	15647
office of the clerk of this court, not later than the end of the	15648
fifth business day after you receive this notice. You may state	15649
your reasons for disputing the claim in the space provided on the	15650
form, but you are not required to do so. If you do state your	15651
reasons for disputing the claim in the space provided on the form,	15652
you are not prohibited from stating any other reasons at the	15653
hearing, and if you do not state your reasons, it will not be held	15654
against you by the court and you can state your reasons at the	15655
hearing.	15656

If you request a hearing, it will be conducted in	15657
................... courtroom ........, (address of court), at	15658
.............m. on ............., .....	15659

You may avoid having a hearing but retain possession of the	15660
property until the entry of final judgment in the action by filing	15661
with the court, at the office of the clerk of this court, not	15662
later than the end of the fifth business day after you receive	15663
this notice, a bond executed by an acceptable surety in the amount	15664
of $............	15665

If you do not request a hearing or file a bond on or before	15666
the end of the fifth business day after you receive this notice,	15667
the court, without further notice to you, may order a law	15668
enforcement officer or bailiff to take possession of the property.	15669
Notice of the dates, times, places, and purposes of any subsequent	15670
hearings and of the date, time, and place of the trial of the	15671
action will be sent to you.	15672

(B) Along with the notice required by division (A) of this	15676
section, the clerk of the court also shall deliver to the	15677
defendant, in accordance with division (C) of this section, a	15678
request for hearing form together with a postage-paid,	15679
self-addressed envelope or a request for hearing form on a	15680
postage-paid, self-addressed postcard. The request for hearing	15681
shall be in substantially the following form:	15682

"(Name and Address of Court)

15683

REQUEST FOR HEARING

15685

I dispute the claim for the attachment of property in the	15686
above case and request that a hearing in this matter be held at	15687
the time and place set forth in the notice that I previously	15688
received.	15689

I dispute the claim for the following reasons:

15690

................................................................

15691

(Optional)

15692

................................................................

15693

................................................................

15694

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	15701
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	15702
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	15703
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE	15704
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."	15705

(C) The notice required by division (A) of this section	15706
shall be served on the defendant in duplicate not less than seven	15707
business days prior to the date on which the hearing is scheduled,	15708
together with a copy of the complaint and summons, if not	15709
previously served, and a copy of the motion for the attachment of	15710
property and the affidavit attached to the motion, in the same	15711
manner as provided in the Rules of Civil Procedure for the service	15712
of process. Service may be effected by publication as provided in	15713
the Rules of Civil Procedure except that the number of weeks for	15714
publication may be reduced by the court to the extent appropriate.	15715

Sec. 2715.045.  (A) Upon the filing of a motion for	15716
attachment, a court may issue an order of attachment without	15717
issuing notice to the defendant against whom the motion was filed	15718
and without conducting a hearing if the court finds that there is	15719
probable cause to support the motion and that the plaintiff that	15720
filed the motion for attachment will suffer irreparable injury if	15721
the order is delayed until the defendant against whom the motion	15722
has been filed has been given the opportunity for a hearing. The	15723
court's findings shall be based upon the motion and affidavit	15724
filed pursuant to section 2715.03 of the Revised Code and any	15725
other relevant evidence that it may wish to consider.	15726

(B) A finding by the court that the plaintiff will suffer	15727
irreparable injury may be made only if the court finds the	15728
existence of either of the following circumstances:	15729

(1) There is present danger that the property will be	15730
immediately disposed of, concealed, or placed beyond the	15731
jurisdiction of the court.	15732

(2) The value of the property will be impaired substantially	15733
if the issuance of an order of attachment is delayed.	15734

(C)(1) Upon the issuance by a court of an order of	15735
attachment without notice and hearing pursuant to this section,	15736
the plaintiff shall file the order with the clerk of the court,	15737
together with a praecipe instructing the clerk to issue to the	15738
defendant against whom the order was issued a copy of the motion,	15739
affidavit, and order of attachment, and a notice that an order of	15740
attachment was issued and that the defendant has a right to a	15741
hearing on the matter. The clerk then immediately shall serve	15742
upon the defendant, in the manner provided by the Rules of Civil	15743
Procedure for service of process, a copy of the complaint and	15744
summons, if not previously served, a copy of the motion,	15745
affidavit, and order of attachment, and the following notice:	15746

"(Name and Address of the Court)

15747

NOTICE

15749

You are hereby notified that this court has issued an order	15750
in the above case in favor of (name and address of plaintiff), the	15751
plaintiff in this proceeding, directing that property now in your	15752
possession, be taken from you. This order was issued on the basis	15753
of the plaintiff's claim against you as indicated in the documents	15754
that are enclosed with this notice.	15755

The law of Ohio and the United States provides that certain	15756
benefit payments cannot be taken from you to pay a debt. Typical	15757
among the benefits that cannot be attached or executed on by a	15758
creditor are:	15759

(1) Workers' compensation benefits;

15760

(2) Unemployment compensation payments;

15761

(3) Cash assistance payments under the Ohio works first	15762
program;	15763

(4) Benefits and services under the prevention, retention,	15764
and contingency program;	15765

(5) Disability assistance administered by the Ohio	15766
department of job and family services;	15767

(5)(6) Social security benefits;

15768

(6)(7) Supplemental security income (S.S.I.);

15769

(7)(8) Veteran's benefits;

15770

(8)(9) Black lung benefits;

15771

(9)(10) Certain pensions.

15772

Additionally, your wages never can be taken to pay a debt	15773
until a judgment has been obtained against you. There may be	15774
other benefits not included in this list that apply in your case.	15775

If you dispute the plaintiff's claim and believe that you are	15776
entitled to possession of the property because it is exempt or for	15777
any other reason, you may request a hearing before this court by	15778
disputing the claim in the request for hearing form, appearing	15779
below, or in a substantially similar form, and delivering the	15780
request for hearing to this court at the above address, at the	15781
office of the clerk of this court, no later than the end of the	15782
fifth business day after you receive this notice. You may state	15783
your reasons for disputing the claim in the space provided on the	15784
form; however, you are not required to do so. If you do state	15785
your reasons for disputing the claim, you are not prohibited from	15786
stating any other reasons at the hearing, and if you do not state	15787
your reasons, it will not be held against you by the court and you	15788
can state your reasons at the hearing. If you request a hearing,	15789
it will be held within three business days after delivery of your	15790
request for hearing and notice of the date, time, and place of the	15791
hearing will be sent to you.	15792

You may avoid a hearing but recover and retain possession of	15793
the property until the entry of final judgment in the action by	15794
filing with the court, at the office of the clerk of this court,	15795
not later than the end of the fifth business day after you receive	15796
this notice, a bond executed by an acceptable surety in the amount	15797
of $.........	15798

If you do not request a hearing or file a bond before the end	15799
of the fifth business day after you receive this notice,	15800
possession of the property will be withheld from you during the	15801
pendency of the action. Notice of the dates, times, places, and	15802
purposes of any subsequent hearings and of the date, time, and	15803
place of the trial of the action will be sent to you.	15804

(2) Along with the notice required by division (C)(1) of	15809
this section, the clerk of the court also shall deliver to the	15810
defendant a request for hearing form together with a postage-paid,	15811
self-addressed envelope or a request for hearing form on a	15812
postage-paid, self-addressed postcard. The request for hearing	15813
shall be in substantially the following form:	15814

"(Name and Address of Court)

15815

REQUEST FOR HEARING

15817

I dispute the claim for possession of property in the above	15818
case and request that a hearing in this matter be held within	15819
three business days after delivery of this request to the court.	15820

I dispute the claim for the following reasons:

15821

..................................................................

15822

(Optional)

15823

..................................................................

15824

..................................................................

15825

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	15832
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	15833
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	15834
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE PROPERTY	15835
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE ACTION."	15836

(D) The defendant may receive a hearing in accordance with	15837
section 2715.043 of the Revised Code by delivering a written	15838
request for hearing to the court within five business days after	15839
receipt of the notice provided pursuant to division (C) of this	15840
section. The request may set forth the defendant's reasons for	15841
disputing the plaintiff's claim for possession of property.	15842
However, neither the defendant's inclusion of nor failure to	15843
include such reasons upon the request constitutes a waiver of any	15844
defense of the defendant or affects the defendant's right to	15845
produce evidence at any hearing or at the trial of the action. If	15846
the request is made by the defendant, the court shall schedule a	15847
hearing within three business days after the request is made, send	15848
notice to the parties of the date, time, and place of the hearing,	15849
and hold the hearing accordingly.	15850

(E) If, after hearing, the court finds that there is not	15851
probable cause to support the motion, it shall order that the	15852
property be redelivered to the defendant without the condition of	15853
bond.	15854

Sec. 2716.13.  (A) Upon the filing of a proceeding in	15855
garnishment of property, other than personal earnings, under	15856
section 2716.11 of the Revised Code, the court shall cause the	15857
matter to be set for hearing within twelve days after that filing.	15858

(B) Upon the scheduling of a hearing relative to a	15859
proceeding in garnishment of property, other than personal	15860
earnings, under division (A) of this section, the clerk of the	15861
court immediately shall issue to the garnishee three copies of the	15862
order of garnishment of property, other than personal earnings,	15863
and of a written notice that the garnishee answer as provided in	15864
section 2716.21 of the Revised Code and the garnishee's fee	15865
required by section 2716.12 of the Revised Code. The copies of	15866
the order and of the notice shall be served upon the garnishee in	15867
the same manner as a summons is served. The copies of the order	15868
and of the notice shall not be served later than seven days prior	15869
to the date on which the hearing is scheduled. The order shall	15870
bind the property, other than personal earnings, of the judgment	15871
debtor in the possession of the garnishee at the time of service.	15872

The order of garnishment of property, other than personal	15873
earnings, and notice to answer shall be in substantially the	15874
following form:	15875

"ORDER AND NOTICE OF GARNISHMENT

15876

OF PROPERTY OTHER THAN PERSONAL EARNINGS

15877

AND ANSWER OF GARNISHEE

15878

The State of Ohio

15883

County of ............, ss

15884

..................., Judgment Creditor

15885

vs.

15886

..................., Judgment Debtor

15887

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT

15888

To: ...................., Garnishee

15889

The judgment creditor in the above case has filed an	15890
affidavit, satisfactory to the undersigned, in this Court stating	15891
that you have money, property, or credits, other than personal	15892
earnings, in your hands or under your control that belong to the	15893
judgment debtor, and that some of the money, property, or credits	15894
may not be exempt from garnishment under the laws of the State of	15895
Ohio or the laws of the United States.	15896

You are therefore ordered to complete the "ANSWER OF	15897
GARNISHEE" in section (B) of this form. Return one completed and	15898
signed copy of this form to the clerk of this court together with	15899
the amount determined in accordance with the "ANSWER OF GARNISHEE"	15900
by the following date on which a hearing is tentatively scheduled	15901
relative to this order of garnishment: ............ Deliver one	15902
completed and signed copy of this form to the judgment debtor	15903
prior to that date. Keep the other completed and signed copy of	15904
this form for your files.	15905

The total probable amount now due on this judgment is	15906
$.......... The total probable amount now due includes the unpaid	15907
portion of the judgment in favor of the judgment creditor, which	15908
is $..........; interest on that judgment and, if applicable,	15909
prejudgment interest relative to that judgment at the rate of	15910
.....% per annum payable until that judgment is satisfied in full;	15911
and court costs in the amount of $...........	15912

You also are ordered to hold safely anything of value that	15913
belongs to the judgment debtor and that has to be paid to the	15914
court, as determined under the "ANSWER OF GARNISHEE" in section	15915
(B) of this form, but that is of such a nature that it cannot be	15916
so delivered, until further order of the court.	15917

Witness my hand and the seal of this court this ..........	15918
day of .........., ..........	15919

SECTION B. ANSWER OF GARNISHEE

15922

Now comes .................... the garnishee, who says:

15923

1. That the garnishee has money, property, or credits, other	15924
than personal earnings, of the judgment debtor under the	15925
garnishee's control and in the garnishee's possession.	15926

2. That property is described as:

15929

3. If the answer to line 1 is "yes" and the amount is less	15930
than the probable amount now due on the judgment, as indicated in	15931
section (A) of this form, sign and return this form and pay the	15932
amount of line 1 to the clerk of this court.	15933

4. If the answer to line 1 is "yes" and the amount is	15934
greater than that probable amount now due on the judgment, as	15935
indicated in section (A) of this form, sign and return this form	15936
and pay that probable amount now due to the clerk of this court.	15937

5. If the answer to line 1 is "yes" but the money, property,	15938
or credits are of such a nature that they cannot be delivered to	15939
the clerk of the court, indicate that by placing an "X" in this	15940
space: ...... Do not dispose of that money, property, or credits	15941
or give them to anyone else until further order of the court.	15942

6. If the answer to line 1 is "no," sign and return this	15943
form to the clerk of this court.	15944

I certify that the statements above are true.

15945

Signed........................................................

15951

(Signature of Person Completing Form)

15952

Dated this .......... day of .........., ....."

15953

Section A of the form described in this division shall be	15954
completed before service. Section B of the form shall be	15955
completed by the garnishee, and the garnishee shall file one	15956
completed and signed copy of the form with the clerk of the court	15957
as the garnishee's answer. The garnishee may keep one completed	15958
and signed copy of the form and shall deliver the other completed	15959
and signed copy of the form to the judgment debtor.	15960

If several affidavits seeking orders of garnishment of	15961
property, other than personal earnings, are filed against the same	15962
judgment debtor in accordance with section 2716.11 of the Revised	15963
Code, the court involved shall issue the requested orders in the	15964
same order in which the clerk received the associated affidavits.	15965

(C)(1) At the time of the filing of a proceeding in	15966
garnishment of property, other than personal earnings, under	15967
section 2716.11 of the Revised Code, the judgment creditor also	15968
shall file with the clerk of the court a praecipe instructing the	15969
clerk to issue to the judgment debtor a notice to the judgment	15970
debtor form and a request for hearing form. Upon receipt of the	15971
praecipe and the scheduling of a hearing relative to an action in	15972
garnishment of property, other than personal earnings, under	15973
division (A) of this section, the clerk of the court immediately	15974
shall serve upon the judgment debtor, in accordance with division	15975
(D) of this section, two copies of the notice to the judgment	15976
debtor form and of the request for hearing form. The copies of	15977
the notice to the judgment debtor form and of the request for	15978
hearing form shall not be served later than seven days prior to	15979
the date on which the hearing is scheduled.	15980

(a) The notice to the judgment debtor that must be served	15981
upon the judgment debtor shall be in substantially the following	15982
form:	15983

"(Name and Address of the Court)

15984

(Case Caption) ......................... Case No. .............

15985

NOTICE TO THE JUDGMENT DEBTOR

15986

You are hereby notified that this court has issued an order	15987
in the above case in favor of (name and address of judgment	15988
creditor), the judgment creditor in this proceeding, directing	15989
that some of your money, property, or credits, other than personal	15990
earnings, now in the possession of (name and address of	15991
garnishee), the garnishee in this proceeding, be used to satisfy	15992
your debt to the judgment creditor. This order was issued on the	15993
basis of the judgment creditor's judgment against you that was	15994
obtained in (name of court) in (case number) on (date). Upon your	15995
receipt of this notice, you are prohibited from removing or	15996
attempting to remove the money, property, or credits until	15997
expressly permitted by the court. Any violation of this	15998
prohibition subjects you to punishment for contempt of court.	15999

The law of Ohio and the United States provides that certain	16000
benefit payments cannot be taken from you to pay a debt. Typical	16001
among the benefits that cannot be attached or executed upon by a	16002
creditor are the following:	16003

(1) Workers' compensation benefits;

16004

(2) Unemployment compensation payments;

16005

(3) Cash assistance payments under the Ohio works first	16006
program;	16007

(4) Benefits and services under the prevention, retention,	16008
and contingency program;	16009

(5) Disability assistance administered by the Ohio department	16010
of job and family services;	16011

(5)(6) Social security benefits;

16012

(6)(7) Supplemental security income (S.S.I.);

16013

(7)(8) Veteran's benefits;

16014

(8)(9) Black lung benefits;

16015

(9)(10) Certain pensions.

16016

There may be other benefits not included in the above list	16017
that apply in your case.	16018

If you dispute the judgment creditor's right to garnish your	16019
property and believe that the judgment creditor should not be	16020
given your money, property, or credits, other than personal	16021
earnings, now in the possession of the garnishee because they are	16022
exempt or if you feel that this order is improper for any other	16023
reason, you may request a hearing before this court by disputing	16024
the claim in the request for hearing form, appearing below, or in	16025
a substantially similar form, and delivering the request for	16026
hearing to this court at the above address, at the office of the	16027
clerk of this court no later than the end of the fifth business	16028
day after you receive this notice. You may state your reasons for	16029
disputing the judgment creditor's right to garnish your property	16030
in the space provided on the form; however, you are not required	16031
to do so. If you do state your reasons for disputing the judgment	16032
creditor's right, you are not prohibited from stating any other	16033
reason at the hearing. If you do not state your reasons, it will	16034
not be held against you by the court, and you can state your	16035
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	16036
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing,	16037
the hearing will be limited to a consideration of the amount of	16038
your money, property, or credits, other than personal earnings, in	16039
the possession or control of the garnishee, if any, that can be	16040
used to satisfy all or part of the judgment you owe to the	16041
judgment creditor.	16042

If you request a hearing by delivering your request for	16043
hearing no later than the end of the fifth business day after you	16044
receive this notice, it will be conducted in .......... courtroom	16045
.........., (address of court), at ..... m. on ..........,	16046
.......... You may request the court to conduct the hearing	16047
before this date by indicating your request in the space provided	16048
on the form; the court then will send you notice of any change in	16049
the date, time, or place of the hearing. If you do not request a	16050
hearing by delivering your request for a hearing no later than the	16051
end of the fifth business day after you receive this notice, some	16052
of your money, property, or credits, other than personal earnings,	16053
will be paid to the judgment creditor.	16054

If you have any questions concerning this matter, you may	16055
contact the office of the clerk of this court. If you want legal	16056
representation, you should contact your lawyer immediately. If	16057
you need the name of a lawyer, contact the local bar association.	16058

(b) The request for hearing form that must be served upon	16063
the judgment debtor shall have attached to it a postage-paid,	16064
self-addressed envelope or shall be on a postage-paid	16065
self-addressed postcard, and shall be in substantially the	16066
following form:	16067

"(Name and Address of Court)

16068

Case Number ........................... Date	16069
....................	16070

REQUEST FOR HEARING

16071

I dispute the judgment creditor's right to garnish my money,	16072
property, or credits, other than personal earnings, in the above	16073
case and request that a hearing in this matter be held	16074

..................................................................

16075

(Insert "on" or "earlier than")

16076

the date and time set forth in the document entitled "NOTICE TO	16077
THE JUDGMENT DEBTOR" that I received with this request form.	16078

I dispute the judgment creditor's right to garnish my	16079
property for the following reasons:	16080

..................................................................

16081

(Optional)

16082

..................................................................

16083

..................................................................

16084

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	16085
BE HEARD OR CONSIDERED AT THE HEARING.	16086

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	16093
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	16094
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	16095
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,	16096
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE	16097
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT	16098
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT	16099
CREDITOR'S NAME)."	16100

(2) The judgment debtor may receive a hearing in accordance	16101
with this division by delivering a written request for hearing to	16102
the court within five business days after receipt of the notice	16103
provided pursuant to division (C)(1) of this section. The request	16104
may set forth the judgment debtor's reasons for disputing the	16105
judgment creditor's right to garnish the money, property, or	16106
credits, other than personal earnings; however, neither the	16107
judgment debtor's inclusion of nor failure to include those	16108
reasons upon the request constitutes a waiver of any defense of	16109
the judgment debtor or affects the judgment debtor's right to	16110
produce evidence at the hearing. If the request is made by the	16111
judgment debtor within the prescribed time, the hearing shall be	16112
limited to a consideration of the amount of money, property, or	16113
credits, other than personal earnings, of the judgment debtor in	16114
the hands of the garnishee, if any, that can be used to satisfy	16115
all or part of the debt owed by the judgment debtor to the	16116
judgment creditor. If a request for a hearing is not received by	16117
the court within the prescribed time, the hearing scheduled	16118
pursuant to division (A) of this section shall be canceled unless	16119
the court grants the judgment debtor a continuance in accordance	16120
with division (C)(3) of this section.	16121

(3) If the judgment debtor does not request a hearing in the	16122
action within the prescribed time pursuant to division (C)(2) of	16123
this section, the court nevertheless may grant a continuance of	16124
the scheduled hearing if the judgment debtor, prior to the time at	16125
which the hearing was scheduled, as indicated on the notice to the	16126
judgment debtor required by division (C)(1) of this section,	16127
establishes a reasonable justification for failure to request the	16128
hearing within the prescribed time. If the court grants a	16129
continuance of the hearing, it shall cause the matter to be set	16130
for hearing as soon as practicable thereafter. The continued	16131
hearing shall be conducted in accordance with division (C)(2) of	16132
this section.	16133

(4) The court may conduct the hearing on the matter prior to	16134
the time at which the hearing was scheduled, as indicated on the	16135
notice to the judgment debtor required by division (C)(1) of this	16136
section, upon the request of the judgment debtor. The parties	16137
shall be sent notice, by the clerk of the court, by regular mail,	16138
of any change in the date, time, or place of the hearing.	16139

(5) If the scheduled hearing is canceled and no continuance	16140
is granted, the court shall issue an order to the garnishee to pay	16141
all or some of the money, property, or credits, other than	16142
personal earnings, of the judgment debtor in the possession of the	16143
garnishee at the time of service of the notice and order into	16144
court if they have not already been paid to the court. This order	16145
shall be based on the answer of the garnishee filed pursuant to	16146
this section. If the scheduled hearing is conducted or if it is	16147
continued and conducted, the court shall determine at the hearing	16148
the amount of the money, property, or credits, other than personal	16149
earnings, of the judgment debtor in the possession of the	16150
garnishee at the time of service of the notice and order, if any,	16151
that can be used to satisfy all or part of the debt owed by the	16152
judgment debtor to the judgment creditor, and issue an order,	16153
accordingly, to the garnishee to pay that amount into court if it	16154
has not already been paid to the court.	16155

(D) The notice to the judgment debtor form and the request	16156
for hearing form described in division (C) of this section shall	16157
be sent by the clerk by ordinary or regular mail service unless	16158
the judgment creditor requests that service be made in accordance	16159
with the Rules of Civil Procedure, in which case the forms shall	16160
be served in accordance with the Rules of Civil Procedure. Any	16161
court of common pleas that issues an order of garnishment of	16162
property, other than personal earnings, under this section has	16163
jurisdiction to serve process pursuant to this section upon a	16164
garnishee who does not reside within the jurisdiction of the	16165
court. Any county court or municipal court that issues an order	16166
of garnishment of property, other than personal earnings, under	16167
this section has jurisdiction to serve process pursuant to this	16168
section upon a garnishee who does not reside within the	16169
jurisdiction of the court.	16170

Sec. 2919.271.  (A)(1)(a) If a defendant is charged with a	16171
violation of section 2919.27 of the Revised Code or of a municipal	16172
ordinance that is substantially similar to that section, the court	16173
may order an evaluation of the mental condition of the defendant	16174
if the court determines that either of the following criteria	16175
apply:	16176

(i) If the alleged violation is a violation of a protection	16177
order issued or consent agreement approved pursuant to section	16178
2919.26 or 3113.31 of the Revised Code, that the violation	16179
allegedly involves conduct by the defendant that caused physical	16180
harm to the person or property of a family or household member	16181
covered by the order or agreement, or conduct by the defendant	16182
that caused a family or household member to believe that the	16183
defendant would cause physical harm to that member or that	16184
member's property.	16185

(ii) If the alleged violation is a violation of a protection	16186
order issued pursuant to section 2903.213 or 2903.214 of the	16187
Revised Code or a protection order issued by a court of another	16188
state, that the violation allegedly involves conduct by the	16189
defendant that caused physical harm to the person or property of	16190
the person covered by the order, or conduct by the defendant that	16191
caused the person covered by the order to believe that the	16192
defendant would cause physical harm to that person or that	16193
person's property.	16194

(b) If a defendant is charged with a violation of section	16195
2903.211 of the Revised Code or of a municipal ordinance that is	16196
substantially similar to that section, the court may order an	16197
evaluation of the mental condition of the defendant.	16198

(2) An evaluation ordered under division (A)(1) of this	16199
section shall be completed no later than thirty days from the date	16200
the order is entered pursuant to that division. In that order,	16201
the court shall do either of the following:	16202

(a) Order that the evaluation of the mental condition of the	16203
defendant be preceded by an examination conducted either by a	16204
forensic center that is designated by the department of mental	16205
health to conduct examinations and make evaluations of defendants	16206
charged with violations of section 2903.211 or 2919.27 of the	16207
Revised Code or of substantially similar municipal ordinances in	16208
the area in which the court is located, or by any other program or	16209
facility that is designated by the department of mental health or	16210
the department of mental retardation and developmental	16211
disabilities to conduct examinations and make evaluations of	16212
defendants charged with violations of section 2903.211 or 2919.27	16213
of the Revised Code or of substantially similar municipal	16214
ordinances, and that is operated by either department or is	16215
certified by either department as being in compliance with the	16216
standards established under division (J)(I) of section 5119.01 of	16217
the Revised Code or division (C) of section 5123.04 of the Revised	16218
Code.	16219

(b) Designate a center, program, or facility other than one	16220
designated by the department of mental health or the department of	16221
mental retardation and developmental disabilities, as described in	16222
division (A)(2)(a) of this section, to conduct the evaluation and	16223
preceding examination of the mental condition of the defendant.	16224

Whether the court acts pursuant to division (A)(2)(a) or (b)	16225
of this section, the court may designate examiners other than the	16226
personnel of the center, program, facility, or department involved	16227
to make the evaluation and preceding examination of the mental	16228
condition of the defendant.	16229

(B) If the court considers that additional evaluations of	16230
the mental condition of a defendant are necessary following the	16231
evaluation authorized by division (A) of this section, the court	16232
may order up to two additional similar evaluations. These	16233
evaluations shall be completed no later than thirty days from the	16234
date the applicable court order is entered. If more than one	16235
evaluation of the mental condition of the defendant is ordered	16236
under this division, the prosecutor and the defendant may	16237
recommend to the court an examiner whom each prefers to perform	16238
one of the evaluations and preceding examinations.	16239

(C)(1) The court may order a defendant who has been released	16240
on bail to submit to an examination under division (A) or (B) of	16241
this section. The examination shall be conducted either at the	16242
detention facility in which the defendant would have been confined	16243
if the defendant had not been released on bail, or, if so	16244
specified by the center, program, facility, or examiners involved,	16245
at the premises of the center, program, or facility. Additionally,	16246
the examination shall be conducted at the times established by the	16247
examiners involved. If such a defendant refuses to submit to an	16248
examination or a complete examination as required by the court or	16249
the center, program, facility, or examiners involved, the court	16250
may amend the conditions of the bail of the defendant and order	16251
the sheriff to take the defendant into custody and deliver the	16252
defendant to the detention facility in which the defendant would	16253
have been confined if the defendant had not been released on bail,	16254
or, if so specified by the center, program, facility, or examiners	16255
involved, to the premises of the center, program, or facility, for	16256
purposes of the examination.	16257

(2) A defendant who has not been released on bail shall be	16258
examined at the detention facility in which the defendant is	16259
confined or, if so specified by the center, program, facility, or	16260
examiners involved, at the premises of the center, program, or	16261
facility.	16262

(D) The examiner of the mental condition of a defendant	16263
under division (A) or (B) of this section shall file a written	16264
report with the court within thirty days after the entry of an	16265
order for the evaluation of the mental condition of the defendant.	16266
The report shall contain the findings of the examiner; the facts	16267
in reasonable detail on which the findings are based; the opinion	16268
of the examiner as to the mental condition of the defendant; the	16269
opinion of the examiner as to whether the defendant represents a	16270
substantial risk of physical harm to other persons as manifested	16271
by evidence of recent homicidal or other violent behavior,	16272
evidence of recent threats that placed other persons in reasonable	16273
fear of violent behavior and serious physical harm, or evidence of	16274
present dangerousness; and the opinion of the examiner as to the	16275
types of treatment or counseling that the defendant needs. The	16276
court shall provide copies of the report to the prosecutor and	16277
defense counsel.	16278

(E) The costs of any evaluation and preceding examination of	16279
a defendant that is ordered pursuant to division (A) or (B) of	16280
this section shall be taxed as court costs in the criminal case.	16281

(F) If the examiner considers it necessary in order to make	16282
an accurate evaluation of the mental condition of a defendant, an	16283
examiner under division (A) or (B) of this section may request any	16284
family or household member of the defendant to provide the	16285
examiner with information. A family or household member may, but	16286
is not required to, provide information to the examiner upon	16287
receipt of the request.	16288

(G) As used in this section:

16289

(1) "Bail" includes a recognizance.

16290

(2) "Examiner" means a psychiatrist, a licensed independent	16291
social worker who is employed by a forensic center that is	16292
certified as being in compliance with the standards established	16293
under division (J)(I) of section 5119.01 or division (C) of	16294
section 5123.04 of the Revised Code, a licensed professional	16295
clinical counselor who is employed at a forensic center that is	16296
certified as being in compliance with such standards, or a	16297
licensed clinical psychologist, except that in order to be an	16298
examiner, a licensed clinical psychologist shall meet the criteria	16299
of division (I)(1) of section 5122.01 of the Revised Code or be	16300
employed to conduct examinations by the department of mental	16301
health or by a forensic center certified as being in compliance	16302
with the standards established under division (J)(I) of section	16303
5119.01 or division (C) of section 5123.04 of the Revised Code	16304
that is designated by the department of mental health.	16305

(3) "Family or household member" has the same meaning as in	16306
section 2919.25 of the Revised Code.	16307

(4) "Prosecutor" has the same meaning as in section 2935.01	16308
of the Revised Code.	16309

(5) "Psychiatrist" and "licensed clinical psychologist" have	16310
the same meanings as in section 5122.01 of the Revised Code.	16311

(6) "Protection order issued by a court of another state"	16312
has the same meaning as in section 2919.27 of the Revised Code.	16313

Sec. 2921.13.  (A) No person shall knowingly make a false	16314
statement, or knowingly swear or affirm the truth of a false	16315
statement previously made, when any of the following applies:	16316

(1) The statement is made in any official proceeding.

16317

(2) The statement is made with purpose to incriminate	16318
another.	16319

(3) The statement is made with purpose to mislead a public	16320
official in performing the public official's official function.	16321

(4) The statement is made with purpose to secure the payment	16322
of unemployment compensation; Ohio works first; prevention,	16323
retention, and contingency assistancebenefits and services;	16324
disability assistance; retirement benefits; economic development	16325
assistance, as defined in section 9.66 of the Revised Code; or	16326
other benefits administered by a governmental agency or paid out	16327
of a public treasury.	16328

(5) The statement is made with purpose to secure the	16329
issuance by a governmental agency of a license, permit,	16330
authorization, certificate, registration, release, or provider	16331
agreement.	16332

(6) The statement is sworn or affirmed before a notary	16333
public or another person empowered to administer oaths.	16334

(7) The statement is in writing on or in connection with a	16335
report or return that is required or authorized by law.	16336

(8) The statement is in writing and is made with purpose to	16337
induce another to extend credit to or employ the offender, to	16338
confer any degree, diploma, certificate of attainment, award of	16339
excellence, or honor on the offender, or to extend to or bestow	16340
upon the offender any other valuable benefit or distinction, when	16341
the person to whom the statement is directed relies upon it to	16342
that person's detriment.	16343

(9) The statement is made with purpose to commit or	16344
facilitate the commission of a theft offense.	16345

(10) The statement is knowingly made to a probate court in	16346
connection with any action, proceeding, or other matter within its	16347
jurisdiction, either orally or in a written document, including,	16348
but not limited to, an application, petition, complaint, or other	16349
pleading, or an inventory, account, or report.	16350

(11) The statement is made on an account, form, record,	16351
stamp, label, or other writing that is required by law.	16352

(12) The statement is made in connection with the purchase	16353
of a firearm, as defined in section 2923.11 of the Revised Code,	16354
and in conjunction with the furnishing to the seller of the	16355
firearm of a fictitious or altered driver's or commercial driver's	16356
license or permit, a fictitious or altered identification card, or	16357
any other document that contains false information about the	16358
purchaser's identity.	16359

(13) The statement is made in a document or instrument of	16360
writing that purports to be a judgment, lien, or claim of	16361
indebtedness and is filed or recorded with the secretary of state,	16362
a county recorder, or the clerk of a court of record.	16363

(B) No person, in connection with the purchase of a firearm,	16364
as defined in section 2923.11 of the Revised Code, shall knowingly	16365
furnish to the seller of the firearm a fictitious or altered	16366
driver's or commercial driver's license or permit, a fictitious or	16367
altered identification card, or any other document that contains	16368
false information about the purchaser's identity.	16369

(C) It is no defense to a charge under division (A)(4) of	16370
this section that the oath or affirmation was administered or	16371
taken in an irregular manner.	16372

(D) If contradictory statements relating to the same fact	16373
are made by the offender within the period of the statute of	16374
limitations for falsification, it is not necessary for the	16375
prosecution to prove which statement was false but only that one	16376
or the other was false.	16377

(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	16378
(6), (7), (8), (10), (11), or (13) of this section is guilty of	16379
falsification, a misdemeanor of the first degree.	16380

(2) Whoever violates division (A)(9) of this section is	16381
guilty of falsification in a theft offense. Except as otherwise	16382
provided in this division, falsification in a theft offense is a	16383
misdemeanor of the first degree. If the value of the property or	16384
services stolen is five hundred dollars or more and is less than	16385
five thousand dollars, falsification in a theft offense is a	16386
felony of the fifth degree. If the value of the property or	16387
services stolen is five thousand dollars or more and is less than	16388
one hundred thousand dollars, falsification in a theft offense is	16389
a felony of the fourth degree. If the value of the property or	16390
services stolen is one hundred thousand dollars or more,	16391
falsification in a theft offense is a felony of the third degree.	16392

(3) Whoever violates division (A)(12) or (B) of this	16393
section is guilty of falsification to purchase a firearm, a felony	16394
of the fifth degree.	16395

(F) A person who violates this section is liable in a civil	16396
action to any person harmed by the violation for injury, death, or	16397
loss to person or property incurred as a result of the commission	16398
of the offense and for reasonable attorney's fees, court costs,	16399
and other expenses incurred as a result of prosecuting the civil	16400
action commenced under this division. A civil action under this	16401
division is not the exclusive remedy of a person who incurs	16402
injury, death, or loss to person or property as a result of a	16403
violation of this section.	16404

Sec. 2953.21.  (A)(1) Any person who has been convicted of a	16405
criminal offense or adjudicated a delinquent child and who claims	16406
that there was such a denial or infringement of the person's	16407
rights as to render the judgment void or voidable under the Ohio	16408
Constitution or the Constitution of the United States may file a	16409
petition in the court that imposed sentence, stating the grounds	16410
for relief relied upon, and asking the court to vacate or set	16411
aside the judgment or sentence or to grant other appropriate	16412
relief. The petitioner may file a supporting affidavit and other	16413
documentary evidence in support of the claim for relief.	16414

(2) A petition under division (A)(1) of this section shall	16415
be filed no later than one hundred eighty days after the date on	16416
which the trial transcript is filed in the court of appeals in the	16417
direct appeal of the judgment of conviction or adjudication or, if	16418
the direct appeal involves a sentence of death, the date on which	16419
the trial transcript is filed in the supreme court. If no appeal	16420
is taken, the petition shall be filed no later than one hundred	16421
eighty days after the expiration of the time for filing the	16422
appeal.	16423

(3) In a petition filed under division (A) of this section,	16424
a person upon whom a sentence of death has been imposed may ask	16425
the court to render void or voidable the judgment with respect to	16426
the conviction of aggravated murder or the specification of an	16427
aggravating circumstance.	16428

(4) A petitioner shall state in the original or amended	16429
petition filed under division (A) of this section all grounds for	16430
relief claimed by the petitioner. Except as provided in section	16431
2953.23 of the Revised Code, any ground for relief that is not so	16432
stated in the petition is waived.	16433

(5) If the petitioner in a petition filed under division (A)	16434
of this section was convicted of or pleaded guilty to a felony,	16435
the petition may include a claim that the petitioner was denied	16436
the equal protection of the laws in violation of the Ohio	16437
Constitution or the United States Constitution because the	16438
sentence imposed upon the petitioner for the felony was part of a	16439
consistent pattern of disparity in sentencing by the judge who	16440
imposed the sentence, with regard to the petitioner's race,	16441
gender, ethnic background, or religion. If the supreme court	16442
adopts a rule requiring a court of common pleas to maintain	16443
information with regard to an offender's race, gender, ethnic	16444
background, or religion, the supporting evidence for the petition	16445
shall include, but shall not be limited to, a copy of that type of	16446
information relative to the petitioner's sentence and copies of	16447
that type of information relative to sentences that the same judge	16448
imposed upon other persons.	16449

(B) The clerk of the court in which the petition is filed	16450
shall docket the petition and bring it promptly to the attention	16451
of the court. The petitioner need not serve a copy of the	16452
petition on the prosecuting attorney. The clerk of the court in	16453
which the petition is filed immediately shall forward a copy of	16454
the petition to the prosecuting attorney of that county.	16455

(C) The court shall consider a petition that is timely filed	16456
under division (A)(2) of this section even if a direct appeal of	16457
the judgment is pending. Before granting a hearing on a petition	16458
filed under division (A) of this section, the court shall	16459
determine whether there are substantive grounds for relief. In	16460
making such a determination, the court shall consider, in addition	16461
to the petition, the supporting affidavits, and the documentary	16462
evidence, all the files and records pertaining to the proceedings	16463
against the petitioner, including, but not limited to, the	16464
indictment, the court's journal entries, the journalized records	16465
of the clerk of the court, and the court reporter's transcript.	16466
The court reporter's transcript, if ordered and certified by the	16467
court, shall be taxed as court costs. If the court dismisses the	16468
petition, it shall make and file findings of fact and conclusions	16469
of law with respect to such dismissal.	16470

(D) Within ten days after the docketing of the petition, or	16471
within any further time that the court may fix for good cause	16472
shown, the prosecuting attorney shall respond by answer or motion.	16473
Within twenty days from the date the issues are made up, either	16474
party may move for summary judgment. The right to summary	16475
judgment shall appear on the face of the record.	16476

(E) Unless the petition and the files and records of the	16477
case show the petitioner is not entitled to relief, the court	16478
shall proceed to a prompt hearing on the issues even if a direct	16479
appeal of the case is pending. If the court notifies the parties	16480
that it has found grounds for granting relief, either party may	16481
request an appellate court in which a direct appeal of the	16482
judgment is pending to remand the pending case to the court.	16483

(F) At any time before the answer or motion is filed, the	16484
petitioner may amend the petition with or without leave or	16485
prejudice to the proceedings. The petitioner may amend the	16486
petition with leave of court at any time thereafter.	16487

(G) If the court does not find grounds for granting relief,	16488
it shall make and file findings of fact and conclusions of law and	16489
shall enter judgment denying relief on the petition. If no direct	16490
appeal of the case is pending and the court finds grounds for	16491
relief or if a pending direct appeal of the case has been remanded	16492
to the court pursuant to a request made pursuant to division (E)	16493
of this section and the court finds grounds for granting relief,	16494
it shall make and file findings of fact and conclusions of law and	16495
shall enter a judgment that vacates and sets aside the judgment in	16496
question, and, in the case of a petitioner who is a prisoner in	16497
custody, shall discharge or resentence the petitioner or grant a	16498
new trial as the court determines appropriate. The court also may	16499
make supplementary orders to the relief granted, concerning such	16500
matters as rearraignment, retrial, custody, and bail. If the	16501
trial court's order granting the petition is reversed on appeal	16502
and if the direct appeal of the case has been remanded from an	16503
appellate court pursuant to a request under division (E) of this	16504
section, the appellate court reversing the order granting the	16505
petition shall notify the appellate court in which the direct	16506
appeal of the case was pending at the time of the remand of the	16507
reversal and remand of the trial court's order. Upon the reversal	16508
and remand of the trial court's order granting the petition,	16509
regardless of whether notice is sent or received, the direct	16510
appeal of the case that was remanded is reinstated.	16511

(H) Upon the filing of a petition pursuant to division (A)	16512
of this section by a prisoner in a state correctional institution	16513
who has received the death penalty, the court may stay execution	16514
of the judgment challenged by the petition.	16515

(I)(1) If a person who has received the death penalty	16516
intends to file a petition under this section, the court shall	16517
appoint counsel to represent the person upon a finding that the	16518
person is indigent and that the person either accepts the	16519
appointment of counsel or is unable to make a competent decision	16520
whether to accept or reject the appointment of counsel. The court	16521
may decline to appoint counsel for the person only upon a finding,	16522
after a hearing if necessary, that the person rejects the	16523
appointment of counsel and understands the legal consequences of	16524
that decision or upon a finding that the person is not indigent.	16525

(2) The court shall not appoint as counsel under division	16526
(I)(1) of this section an attorney who represented the petitioner	16527
at trial in the case to which the petition relates unless the	16528
person and the attorney expressly request the appointment. The	16529
court shall appoint as counsel under division (I)(1) of this	16530
section only an attorney who is certified under Rule 6520 of the	16531
Rules of Superintendence for the Courts of Common PleasOhio to	16532
represent indigent defendants charged with or convicted of an	16533
offense for which the death penalty can be or has been imposed.	16534
The ineffectiveness or incompetence of counsel during proceedings	16535
under this section does not constitute grounds for relief in a	16536
proceeding under this section, in an appeal of any action under	16537
this section, or in an application to reopen a direct appeal.	16538

(3) Division (I) of this section does not preclude attorneys	16539
who represent the state of Ohio from invoking the provisions of 28	16540
U.S.C. 154 with respect to capital cases that were pending in	16541
federal habeas corpus proceedings prior to the effective date of	16542
this amendment insofar as the petitioners in those cases were	16543
represented in proceedings under this section by one or more	16544
counsel appointed by the court under this section or section	16545
120.06, 120.16, 120.26, or 120.33 of the Revised Code and those	16546
appointed counsel meet the requirements of division (I)(2) of this	16547
section.	16548

(J) Subject to the appeal of a sentence for a felony that is	16549
authorized by section 2953.08 of the Revised Code, the remedy set	16550
forth in this section is the exclusive remedy by which a person	16551
may bring a collateral challenge to the validity of a conviction	16552
or sentence in a criminal case or to the validity of an	16553
adjudication of a child as a delinquent child for the commission	16554
of an act that would be a criminal offense if committed by an	16555
adult or the validity of a related order of disposition.	16556

Sec. 3109.14.  (A) As used in this section, "birth record"	16557
and "certification of birth" have the meanings given in section	16558
3705.01 of the Revised Code.	16559

(B)(1) The director of health, a person authorized by the	16560
director, a local commissioner of health, or a local registrar of	16561
vital statistics shall charge and collect a fee for each certified	16562
copy of a birth record and, for each certification of birth a fee	16563
of two dollars, and for each copy of a death record a fee of two	16564
dollars,. Until October 1, 2001, the fee shall be two dollars. On	16565
and after October 1, 2001, the fee shall be three dollars. The	16566
fee is in addition to the fee imposed by section 3705.24 or any	16567
other section of the Revised Code. A local commissioner of health	16568
or a local registrar of vital statistics may retain an amount of	16569
each additional fee collected, not to exceed three per cent of the	16570
amount of the additional fee, to be used for costs directly	16571
related to the collection of the fee and the forwarding of the fee	16572
to the treasurer of state.	16573

(2) Upon the filing for a divorce decree under section	16574
3105.10 or a decree of dissolution under section 3105.65 of the	16575
Revised Code, a court of common pleas shall charge and collect a	16576
fee of ten dollars. Until October 1, 2001, the fee shall be ten	16577
dollars. On and after October 1, 2001, the fee shall be eleven	16578
dollars. The fee is in addition to any other court costs or fees.	16579
The county clerk of courts may retain an amount of each additional	16580
fee collected, not to exceed three per cent of the amount of the	16581
additional fee, to be used for costs directly related to the	16582
collection of the fee and the forwarding of the fee to the	16583
treasurer of state.	16584

(C) The additional fees collected, but not retained, under	16585
this section during each month shall be forwarded not later than	16586
the tenth day of the immediately following month to the treasurer	16587
of state, who shall deposit the fees in the state treasury to the	16588
credit of the children's trust fund, which is hereby created. A	16589
person or government entity that fails to forward the fees in a	16590
timely manner, as determined by the treasurer of state, shall	16591
forward to the treasurer of state, in addition to the fees, a	16592
penalty equal to ten per cent of the fees.	16593

The treasurer of state shall invest the moneys in the fund,	16594
and all earnings resulting from investment of the fund shall be	16595
credited to the fund, except that actual administrative costs	16596
incurred by the treasurer of state in administering the fund may	16597
be deducted from the earnings resulting from investments. The	16598
amount that may be deducted shall not exceed three per cent of the	16599
total amount of fees credited to the fund in each fiscal year,	16600
except that the children's trust fund board may approve an amount	16601
for actual administrative costs exceeding three per cent but not	16602
exceeding four per cent of such amount. The balance of the	16603
investment earnings shall be credited to the fund. Moneys	16604
credited to the fund shall be used only for the purposes described	16605
in sections 3109.13 to 3109.18 of the Revised Code.	16606

Sec. 3119.022.  When a court or child support enforcement	16607
agency calculates the amount of child support to be paid pursuant	16608
to a child support order in a proceeding in which one parent is	16609
the residential parent and legal custodian of all of the children	16610
who are the subject of the child support order or in which the	16611
court issues a shared parenting order, the court or agency shall	16612
use a worksheet identical in content and form to the following:	16613

CHILD SUPPORT COMPUTATION WORKSHEET

16614

SOLE RESIDENTIAL PARENT OR SHARED PARENTING ORDER

16615

Name of parties ................................................

16616

Case No. .......................................................

16617

Number of minor children .......................................

16618

The following parent was designated as residential parent and	16619
legal custodian: ...... mother ...... father ...... shared	16620

Worksheet Has Been Reviewed and Agreed To:

16881

Sec. 3125.18. A child support enforcement agency shall	16886
administer a Title IV-A program identified under division	16887
(A)(3)(c) or (d) of section 5101.80 of the Revised Code that the	16888
department of job and family services provides for the agency to	16889
administer under the department's supervision pursuant to section	16890
5101.801 of the Revised Code.	16891

Sec. 3301.075.  The state board of education shall adopt	16892
rules governing the purchasing and leasing of data processing	16893
services and equipment for all local, exempted village, city, and	16894
joint vocational school districts and all educational service	16895
centers. Such rules shall include provisions for the	16896
establishment of an Ohio education computer network under	16897
procedures, guidelines, and specifications of the department of	16898
education.	16899

The department shall administer funds appropriated for the	16900
Ohio education computer network to ensure its efficient and	16901
economical operation and shall approve no more than twenty-seven	16902
data acquisition sites to operate concurrently. Such sites shall	16903
be approved for funding in accordance with rules of the state	16904
board adopted under this section that shall provide for the	16905
superintendent of public instruction to require the membership of	16906
each data acquisition site to be composed of combinations of	16907
school districts and educational service centers from contiguous	16908
counties having sufficient students to support an efficient,	16909
economical comprehensive program of computer services to member	16910
districts and educational service centers. Each data acquisition	16911
site, other than sites organized under Chapter 167. of the Revised	16912
Code prior to the effective date of this section, shall be	16913
organized in accordance with section 3313.92 or Chapter 167. of	16914
the Revised Code.	16915

The department of education may contract with an independent	16916
for profit or nonprofit entity to provide current and historical	16917
information on Ohio government through the Ohio education computer	16918
network to school district libraries operating in accordance with	16919
section 3375.14 of the Revised Code in order to assist school	16920
teachers in social studies course instruction and support student	16921
research projects. Any such contract shall be awarded in	16922
accordance with Chapter 125. of the Revised Code.	16923

Sec. 3301.70.  (A) The state board of education is the	16924
designated state agency responsible for the coordination and	16925
administration of sections 110 to 118 of the "National and	16926
Community Service Act of 1990," 104 Stat. 3127 (1990), 42 U.S.C.	16927
12401 to 12431, and amendments theretoas amended. With the	16928
assistance of the stateOhio community service advisory committee	16929
council created in section 121.40 of the Revised Code, the state	16930
board shall coordinate with other state agencies to apply for	16931
funding under the act when appropriate.	16932

(B) With the assistance of the stateOhio community service	16933
advisory committeecouncil, the state board of education shall	16934
develop a plan to assist school districts in the implementation of	16935
section 3313.605 of the Revised Code and other community service	16936
activities of school districts. The state board shall encourage	16937
the development of school district programs meeting the	16938
requirements for funding under the "National and Community Service	16939
Act of 1990." The plan shall include the investigation of funding	16940
from all available sources for school community service education	16941
programs, including funds available under the "National and	16942
Community Service Act of 1990," and the provision of technical	16943
assistance to school districts for the implementation of community	16944
service education programs. The plan shall also provide for	16945
technical assistance to be given to school boards to assist in	16946
obtaining funds for community service education programs from any	16947
source.	16948

(C) With the assistance of the stateOhio community service	16949
advisory committeecouncil, the state board of education shall do	16950
all of the following:	16951

(1) Disseminate information about school district community	16952
service education programs to other school districts and to	16953
statewide organizations involved with or promoting volunteerism;	16954

(2) Recruit additional school districts to develop community	16955
service education programs;	16956

(3) Identify or develop model community service programs,	16957
teacher training courses, and community service curricula and	16958
teaching materials for possible use by school districts in their	16959
programs.	16960

Sec. 3301.80.  (A) There is hereby created the Ohio	16961
SchoolNet commission as an independent agency. The commission	16962
shall administer programs to provide financial and other	16963
assistance to school districts and other educational institutions	16964
for the acquisition and utilization of educational technology.	16965

The commission is a body corporate and politic, an agency of	16966
the state performing essential governmental functions of the	16967
state.	16968

(B)(1) The commission shall consist of eleven members, seven	16969
of whom are voting members. Of the voting members, one shall be	16970
appointed by the speaker of the house of representatives and one	16971
shall be appointed by the president of the senate. The members	16972
appointed by the speaker of the house and the president of the	16973
senate shall not be members of the general assembly. The state	16974
superintendent of public instruction or a designee of the	16975
superintendent, the director of budget and management or a	16976
designee of the director, the director of administrative services	16977
or a designee of the director, the chairperson of the public	16978
utilities commission or a designee of the chairperson, and the	16979
director of the Ohio educational telecommunications network	16980
commission or a designee of the director shall serve on the	16981
commission as ex officio voting members. Of the nonvoting	16982
members, two shall be members of the house of representatives	16983
appointed by the speaker of the house and two shall be members of	16984
the senate appointed by the president of the senate. The members	16985
appointed from each house shall not be members of the same	16986
political party. The commission shall appoint officers from among	16987
its members.	16988

(2) The members shall serve without compensation. The	16989
voting members appointed by the speaker of the house of	16990
representatives and the president of the senate shall be	16991
reimbursed, pursuant to office of budget and management	16992
guidelines, for necessary expenses incurred in the performance of	16993
official duties.	16994

(3) The terms of office for the members appointed by the	16995
speaker of the house and the president of the senate shall be for	16996
two years, with each term ending on the same day of the same month	16997
as did the term that it succeeds. The members appointed by the	16998
speaker of the house and the president of the senate may be	16999
reappointed. Any member appointed from the house of	17000
representatives or senate who ceases to be a member of the	17001
legislative house from which the member was appointed shall cease	17002
to be a member of the commission. Vacancies among appointed	17003
members shall be filled in the manner provided for original	17004
appointments. Any member appointed to fill a vacancy occurring	17005
prior to the expiration date of the term for which a predecessor	17006
was appointed shall hold office as a member for the remainder of	17007
that term. The members appointed by the speaker of the house and	17008
the president of the senate shall continue in office subsequent to	17009
the expiration date of that member's term until a successor takes	17010
office or until a period of sixty days has elapsed, whichever	17011
occurs first.	17012

(C)(1) The commission shall be under the supervision of an	17013
executive director who shall be appointed by the commission. The	17014
executive director shall serve at the pleasure of the commission	17015
and shall direct commission employees in the administration of all	17016
programs for the provision of financial and other assistance to	17017
school districts and other educational institutions for the	17018
acquisition and utilization of educational technology.	17019

(2) The employees of the Ohio SchoolNet commission shall be	17020
placed in the unclassified service. The commission shall fix the	17021
compensation of the executive director. The executive director	17022
shall employ and fix the compensation for such employees as	17023
necessary to facilitate the activities and purposes of the	17024
commission. The employees shall serve at the pleasure of the	17025
executive director.	17026

(3) The employees of the Ohio SchoolNet commission shall be	17027
exempt from Chapter 4117. of the Revised Code and shall not be	17028
public employees as defined in section 4117.01 of the Revised	17029
Code.	17030

(D) The Ohio SchoolNet commission shall do all of the	17031
following:	17032

(1) Make grants to institutions and other organizations as	17033
prescribed by the general assembly for the provision of technical	17034
assistance, professional development, and other support services	17035
to enable school districts, community schools established under	17036
Chapter 3314. of the Revised Code, and other educational	17037
institutions to utilize educational technology;	17038

(2) Contract with the department of education, state	17039
institutions of higher education, private nonprofit institutions	17040
of higher education holding certificates of authorization under	17041
section 1713.02 of the Revised Code, and such other public or	17042
private entities as the executive director deems necessary for the	17043
administration and implementation of the programs under the	17044
commission's jurisdiction;	17045

(3) Establish a reporting system to which school districts,	17046
community schools established under Chapter 3314. of the Revised	17047
Code, and other educational institutions receiving financial	17048
assistance pursuant to this section for the acquisition of	17049
educational technology report information as to the manner in	17050
which such assistance was expended, the manner in which the	17051
equipment or services purchased with the assistance is being	17052
utilized, the results or outcome of this utilization, and other	17053
information as may be required by the commission;	17054

(4) Establish necessary guidelines governing purchasing and	17055
procurement by participants in programs administered by the	17056
commission that facilitate the timely and effective implementation	17057
of such programs;	17058

(5) Take into consideration the efficiency and cost savings	17059
of statewide procurement prior to allocating and releasing funds	17060
for any programs under its administration.	17061

(E)(1) The executive director shall implement policies and	17062
directives issued by the Ohio SchoolNet commission.	17063

(2) The Ohio SchoolNet commission may establish a systems	17064
support network to facilitate the timely implementation of the	17065
programs, projects, or activities for which it provides	17066
assistance.	17067

(3) Chapters 123., 124., 125., and 153., and sections 9.331,	17068
9.332, and 9.333 of the Revised Code do not apply to contracts,	17069
programs, projects, or activities of the Ohio SchoolNet	17070
commission.	17071

Sec. 3301.85. (A) The OhioReads office is hereby	17072
established within the department of education. The office shall	17073
be under the supervision of an executive directoradministrator,	17074
who shall be appointed by the superintendent of public	17075
instruction, with the advice and consent of the OhioReads council.	17076
The executive directoradministrator shall serve at the pleasure	17077
of and report to the superintendent, but shall discharge the	17078
position according to guidelines issued by the council and shall	17079
perform any task designated by the council. The executive	17080
directoradministrator shall devote full time to the duties of	17081
that position and shall hold no other position within the	17082
department. The superintendent may hire additional staff for the	17083
office and shall fix the compensation of such employees as	17084
necessary to facilitate the activities and purposes of the office.	17085
All such employee positions shall be administrative staff	17086
positions, and all persons employed in those positions shall serve	17087
at the pleasure of the superintendent and shall not be subject to	17088
the provisions of Chapter 4117. of the Revised Code. The	17089
department shall provide the executive directoradministrator and	17090
any additional staff hired by the superintendent with offices	17091
within the department's office space.	17092

(B) Any employee of the OhioReads office who is a member of	17093
a bargaining unit on the effective date of this amendment shall	17094
retain that status. However, when any position encumbered by such	17095
employee is vacated for any reason, the position shall cease to be	17096
subject to any provision of Chapter 4117. of the Revised Code, and	17097
any person hired to fill such position after the effective date of	17098
this amendment shall be hired in accordance with division (A) of	17099
this section as that division exists after the effective date of	17100
this amendment.	17101

Sec. 3302.041. (A) Each school district that in 1999 was	17102
declared to be in a state of academic emergency, under an academic	17103
watch, or in need of continuous improvement under section 3302.03	17104
of the Revised Code and that is projected to receive any parity	17105
aid payments under section 3317.0217 of the Revised Code for	17106
either of the two fiscal years beginning July 1, 2001, or July 1,	17107
2002, shall amend its continuous improvement plan required under	17108
section 3302.04 of the Revised Code to include a budget for	17109
expending the parity aid for either of those two fiscal years that	17110
the district is projected to receive such aid. For each year	17111
included in the budget, the district shall allocate the full	17112
amount of projected parity aid among one or more of the following:	17113

(1) Upgrading, or purchasing additional classroom equipment,	17114
materials, textbooks, or technology;	17115

(2) Lowering the teacher/student ratios in additional	17116
classrooms;	17117

(3) Providing additional advanced curriculum opportunities;

17118

(4) Providing additional electives or required courses for	17119
graduation;	17120

(5) Increasing the number of days of professional	17121
development;	17122

(6) Providing all-day kindergarten to more students;

17123

(7) Providing preschool to more students;

17124

(8) Providing additional programming and services for	17125
special student populations such as gifted, disadvantaged, or	17126
disabled students;	17127

(9) Providing new programs or increasing the number of	17128
students served by existing programs to prevent academic failure	17129
or to intervene in the case of students in danger of academic	17130
failure, such as tutoring or summer school programs.	17131

(B) For each expenditure of parity aid allocated in the	17132
budget under division (A) of this section, the district's amended	17133
continuous improvement plan shall describe:	17134

(1) How the expenditure will result in new programs or	17135
opportunities, or an expanded availability of programs or	17136
opportunities to more students, and will not simply fund existing	17137
programs with parity aid instead of general revenue fund moneys or	17138
other district income.	17139

(2) How the proposed expenditure is expected to enhance the	17140
district's continuous improvement plan, improve the district's	17141
academic success, and promote the district's achievement of the	17142
standard unit of improvement required by the department of	17143
education under rules adopted pursuant to section 3302.04 of the	17144
Revised Code.	17145

(C) A copy of each amended continuous improvement plan	17146
required to contain a budget under this section shall be submitted	17147
to the department by September 1, 2001. The department, beginning	17148
July 1, 2002, shall assess a random sampling of the districts in	17149
each of fiscal years 2003 and 2004 to determine whether the	17150
district did in fact make the expenditures included in its	17151
proposed parity aid budget during the preceding fiscal year.	17152

(D) If in either year, the department finds that a district	17153
did not spend its preceding year's parity aid funds in the manner	17154
specified in the budget for that year, it shall notify the state	17155
board of education of its findings and shall subtract the amount	17156
of any parity aid funds not spent in the manner specified in the	17157
budget from any parity aid otherwise due to the district under	17158
section 3317.0217 of the Revised Code in the current fiscal	17159
year. If payments are reduced to any district under this division,	17160
the department shall continue to assess the expenditures of such	17161
district in each ensuing year and shall continue to make	17162
deductions in accordance with this section until such year as the	17163
district is found to be in compliance with this section.	17164

(E) Whenever the department reexamines the status of school	17165
districts under division (A) of section 3302.03 of the Revised	17166
Code, it shall require all districts expected to receive parity	17167
aid payments and determined either to need continuous improvement,	17168
be under an academic watch, or be in a state of academic emergency	17169
to submit their three-year continuous improvement plans to the	17170
department and to include as an integral part of such plans,	17171
budgets meeting the requirements of divisions (A) and (B) of this	17172
section. The department shall annually assess a random sampling of	17173
all such districts and withhold parity aid payments from	17174
noncomplying districts in the same manner as required under	17175
divisions (C) and (D) of this section.	17176

(F) At any time, for good cause and with the approval of the	17177
department, a school district may amend a budget adopted under	17178
this section. Any such amendment, however, shall provide that any	17179
parity aid payments the district proposes not to spend on one of	17180
the items listed in division (A) of this section are instead	17181
reallocated to other items listed in such division.	17182

(G) The superintendent of public instruction may authorize a	17183
school district to spend parity aid payments for a purpose not	17184
listed in division (A) of this section upon request of the	17185
district if the superintendent finds either:	17186

(1) That the proposed alternative use of parity aid would	17187
contribute to the accomplishment of one or more of the goals of	17188
the district's continuous improvement plan;	17189

(2) That the alternative use of parity aid is necessary to	17190
eliminate a risk to the health and safety of the district's	17191
students.	17192

Sec. 3303.01. Except when utilized in Chapter 3311. of the	17193
Revised Code, whenever the term vocational education occurs	17194
anywhere in the Revised Code, it shall be deemed to refer to	17195
career-technical education, except that joint vocational school	17196
districts shall continue to be styled as and shall maintain their	17197
legal existence as either joint vocational school districts or	17198
vocational school districts pursuant to section 3311.01.	17199

Sec. 3305.061. Notwithstanding section 171.07 and division	17200
(D) of section 3305.06 of the Revised Code, the percentage of an	17201
electing employee's compensation contributed by a public	17202
institution of higher education under division (D) of section	17203
3305.06 of the Revised Code shall not exceed the percentage of	17204
compensation transferred under section 145.87, 3307.84, or 3309.88	17205
of the Revised Code, as appropriate, by the state retirement	17206
system that otherwise applies to the electing employee's position.	17207
A change in the percentage of compensation contributed under	17208
division (D) of section 3305.06 of the Revised Code, as required	17209
by this section, shall take effect on the same day a change in the	17210
percentage of compensation takes effect under section 145.87,	17211
3307.84, or 3309.88 of the Revised Code, as appropriate.	17212

Sec. 3307.05.  The state teachers retirement board shall	17213
consist of the following nine members:	17214

(A) The superintendent of public instruction;

17215

(B) The auditor of state;

17216

(C) The attorney general;

17217

(D) Five members, known as teacher members, who shall be	17218
members of the state teachers retirement system;	17219

(E) A former member of the system, known as the retired	17220
teacher member, who shall be a superannuate and who is not	17221
otherwise employed in a position requiring the retired teacher	17222
member to make contributions to the system.	17223

Sec. 3311.057.  (A) Any educational service center that is	17224
formed by merging two or more educational service centers or	17225
former county school districts after July 1, 1995, but prior to	17226
July 1, 19992003, may determine the number of members of its	17227
governing board of education and whether the members are to be	17228
elected at large or by subdistrict, provided each board shall have	17229
an odd number of members.	17230

(B) If an educational service center described in division	17231
(A) of this section is formed on or after the effective date of	17232
this section, the governing board of education of each service	17233
center that is merging to form the new service center shall	17234
include identical provisions for electing the new service center's	17235
governing board in its resolution adopted pursuant to division (A)	17236
of section 3311.053 of the Revised Code. If there is any	17237
transition period between the effective date of the merger of the	17238
service centers and the assumption of control of the new service	17239
center by the new board, the resolutions shall include provisions	17240
for an interim governing board which shall be appointed to govern	17241
the service center until the time the new board is elected and	17242
assumes control of the service center.	17243

(C) If an educational service center described in division	17244
(A) of this section was formed prior to the effective date of this	17245
section, the governing board of the service center may adopt at	17246
any time prior to July 1, 19992003, a resolution setting forth	17247
provisions for changing the number of members and the manner of	17248
electing its board and provisions for any transitional period	17249
between the abolition of the existing board and the assumption of	17250
control by the new board.	17251

(D) Any provisions for electing a governing board adopted	17252
pursuant to division (B) or (C) of this section may provide for	17253
the election of members at large, may provide for the	17254
establishment of subdistricts within the district, or may require	17255
some members to be elected at large and some to be elected from	17256
subdistricts. If subdistricts are included, the resolutions shall	17257
specify the manner in which their boundaries are to be drawn. The	17258
provisions shall attempt to ensure that each elected member of the	17259
board represents an equal number of residents of the service	17260
center. To accomplish this, any subdistrict containing a multiple	17261
of the number of electors in another subdistrict, may elect	17262
at-large within that subdistrict, a number of board members equal	17263
to the multiple that its population is of the population of the	17264
other subdistrict.	17265

(E) The provisions for selecting board members set forth in	17266
the latest resolution adopted pursuant to division (B) or (C) of	17267
this section prior to July 1, 19992003, shall remain the method	17268
of electing school board members within that educational service	17269
center.	17270

Sec. 3311.058. Notwithstanding anything to the contrary in	17271
Section 45.32 of Am. Sub. H.B. 117 of the 121st General Assembly,	17272
146 Ohio Laws 900, 1805, as subsequently amended, or in Chapter	17273
3311. of the Revised Code, no educational service center shall be	17274
required to merge in order to achieve any prescribed minimum	17275
average daily membership if such a merger will cause the territory	17276
of the resultant joint educational service center to comprise more	17277
than eight hundred square miles.	17278

Sec. 3311.062. Notwithstanding anything prohibiting the	17279
existence of school districts with noncontiguous territory in	17280
section 3311.06 or 3311.37 of the Revised Code or in any other	17281
section of this chapter, a new school district may be formed under	17282
this chapter after the effective date of this section from the	17283
territory of noncontiguous school districts, provided that the	17284
board of education of any school district containing territory	17285
lying between the noncontiguous portions of such a new school	17286
district adopts a resolution approving the establishment of the	17287
new district.	17288

Sec. 3313.201. (A) The board of education of each school	17289
district shall procure a policy or policies of insurance insuring	17290
officers, employees, and pupils of the school district against	17291
liability on account of damage or injury to persons and property,	17292
including insurance on vehicles operated under a course in drivers	17293
education certified by the state department of education and	17294
including liability on account of death or accident by wrongful	17295
act, occasioned by the operation of a motor vehicle, motor	17296
vehicles with auxiliary equipment, or all self-propelling	17297
equipment or trailers owned or operated by the school district.	17298
Each board of education may supplement saidthe policy or policies	17299
of insurance with collision, medical payments, comprehensive, and	17300
uninsured motorists insurance. Before procuring such insurance	17301
each board of education shall adopt a resolution setting forth the	17302
amount of insurance to be purchased, the necessity thereofof the	17303
insurance, together with a statement of theits estimated premium	17304
cost thereon. Insurance procured pursuant to this section shall be	17305
from one or more recognized insurance companies authorized to do	17306
business in this state.	17307

(B) This section shall not be construed to affect the	17308
ability of any school district to establish and maintain	17309
self-insurance programs under the authority conferred by any other	17310
section of the Revised Code. Such programs may be established and	17311
maintained in combination with, or as an alternative to, any	17312
policy or policies of insurance procured under division (A) of	17313
this section.	17314

Sec. 3313.37.  (A)(1) The board of education of any city,	17315
local, or exempted village school district may build, enlarge,	17316
repair, and furnish the necessary schoolhouses, purchase or lease	17317
sites therefor, or rights-of-way thereto, or purchase or lease	17318
real estate to be used as playgrounds for children or rent	17319
suitable schoolrooms, either within or without the district, and	17320
provide the necessary apparatus and make all other necessary	17321
provisions for the schools under its control. The governing board	17322
of any educational service center may build, enlarge, repair, and	17323
furnish the necessary facilities for conducting special education	17324
programs and driver education courses, purchase or lease sites	17325
therefor, or rights-of-way thereto, or purchase or lease real	17326
estate or rent suitable facilities to be used for such purposes	17327
and provide the necessary apparatus and make all other necessary	17328
provisions for such facilities as are under its control.	17329

(2) A governing board of an educational service center may	17330
acquire, lease, or enter into a contract to purchase, lease, or	17331
sell real and personal property and may construct, enlarge,	17332
repair, renovate, furnish, or equip facilities, buildings, or	17333
structures for the educational service center's purposes. The	17334
board may enter into loan agreements, including mortgages, for the	17335
acquisition of such property. If a governing board exercises any	17336
of these powers to acquire office or classroom space, the board of	17337
county commissioners has no obligation to provide and equip	17338
offices and to provide heat, light, water, and janitorial services	17339
for the use of the service center pursuant to section 3319.19 of	17340
the Revised Code, unless there is a contract as provided by	17341
division (D) of that section.	17342

(3) A board of county commissioners may issue securities of	17343
the county pursuant to Chapter 133. of the Revised Code for the	17344
acquisition of real and personal property or for the construction,	17345
enlargement, repair, or renovation of facilities, buildings, or	17346
structures by an educational service center, but only if the	17347
county has a contract under division (D) of section 3319.19 of the	17348
Revised Code with the educational service center whereby the	17349
educational service center agrees to pay the county an amount	17350
equal to the debt charges on the issued securities on or before	17351
the date those charges fall due. For the purposes of this	17352
section, "debt charges" and "securities" have the same meanings as	17353
in section 133.01 of the Revised Code.	17354

(B)(1) Boards of education of city, local, and exempted	17355
village school districts may acquire land by gift or devise, by	17356
purchase, or by appropriation. Lands purchased may be purchased	17357
for cash, by installment payments, with or without a mortgage, by	17358
entering into lease-purchase agreements, or by lease with an	17359
option to purchase, provided that if the purchase price is to be	17360
paid over a period of time, such payments shall not extend for a	17361
period of more than five years. A special tax levy may be	17362
authorized by the voters of the school district in accordance with	17363
section 5705.21 of the Revised Code to provide a special fund to	17364
meet the future time payments.	17365

(2) For the purposes of section 5705.21 of the Revised Code,	17366
acquisition of land under the provisions of this division shall be	17367
considered a necessary requirement of the school district.	17368

(3) Boards of education of city, local, and exempted village	17369
school districts may acquire federal land at a discount by a	17370
lease-purchase agreement for use as a site for the construction of	17371
educational facilities or for other related purposes. External	17372
administrative and other costs pertaining to the acquisition of	17373
federal land at a discount may be paid from funds available to the	17374
school district for operating purposes. Such boards of education	17375
may also acquire federal land by lease-purchase agreements, by	17376
negotiation, or otherwise.	17377

(4) As used in this division:

17378

(a) "Office equipment" includes but is not limited to	17379
typewriters, copying and duplicating equipment, and computer and	17380
data processing equipment.	17381

(b) "Software for instructional purposes" includes computer	17382
programs usable for computer assisted instruction, computer	17383
managed instruction, drill and practice, and problem simulations.	17384

A board of education or governing board of an educational	17385
service center may acquire the necessary office equipment, and	17386
computer hardware and software for instructional purposes, for the	17387
schools under its control by purchase, by lease, by installment	17388
payments, by entering into lease-purchase agreements, or by lease	17389
with an option to purchase. In the case of a city, exempted	17390
village, or local school district, if the purchase price is to be	17391
paid over a period of time, the contract setting forth the terms	17392
of such purchase shall be considered a continuing contract	17393
pursuant to section 5705.41 of the Revised Code. Payments shall	17394
not extend for a period of more than five years. Costs relating	17395
to the acquisition of necessary apparatus may be paid from funds	17396
available to the school district or educational service center for	17397
operating purposes.	17398

(5) A board of education or governing board of an	17399
educational service center may acquire the necessary equipment for	17400
the maintenance or physical upkeep of facilities and land under	17401
its control by entering into lease-purchase agreements. If	17402
payments under the lease-purchase agreement are to be made over a	17403
period of time, the agreement shall be considered a continuing	17404
contract pursuant to section 5705.41 of the Revised Code, and such	17405
payments shall not extend for a period of more than five years.	17406

Sec. 3313.41.  (A) Except as provided in divisions (C), (D),	17407
and (F), and (G) of this section, when a board of education	17408
decides to dispose of real or personal property that it owns in	17409
its corporate capacity, and that exceeds in value ten thousand	17410
dollars, it shall sell the property at public auction, after	17411
giving at least thirty days' notice of the auction by publication	17412
in a newspaper of general circulation or by posting notices in	17413
five of the most public places in the school district in which the	17414
property, if it is real property, is situated, or, if it is	17415
personal property, in the school district of the board of	17416
education that owns the property. The board may offer real	17417
property for sale as an entire tract or in parcels.	17418

(B) When the board of education has offered real or personal	17419
property for sale at public auction at least once pursuant to	17420
division (A) of this section, and the property has not been sold,	17421
the board may sell it at a private sale. Regardless of how it was	17422
offered at public auction, at a private sale, the board shall, as	17423
it considers best, sell real property as an entire tract or in	17424
parcels, and personal property in a single lot or in several lots.	17425

(C) If a board of education decides to dispose of real or	17426
personal property that it owns in its corporate capacity and that	17427
exceeds in value ten thousand dollars, it may sell the property to	17428
the adjutant general; to any subdivision or taxing authority as	17429
respectively defined in divisions (A) and (C) of section 5705.01	17430
of the Revised Code, township park district, board of park	17431
commissioners established under Chapter 755. of the Revised Code,	17432
or park district established under Chapter 1545. of the Revised	17433
Code; to a wholly or partially tax-supported university,	17434
university branch, or college; or to the board of trustees of a	17435
school district library, upon such terms as are agreed upon. The	17436
sale of real or personal property to the board of trustees of a	17437
school district library is limited, in the case of real property,	17438
to a school district library within whose boundaries the real	17439
property is situated, or, in the case of personal property, to a	17440
school district library whose boundaries lie in whole or in part	17441
within the school district of the selling board of education.	17442

(D) When a board of education decides to trade as a part or	17443
an entire consideration, an item of personal property on the	17444
purchase price of an item of similar personal property, it may	17445
trade the same upon such terms as are agreed upon by the parties	17446
to the trade.	17447

(E) The president and the treasurer of the board of	17448
education shall execute and deliver deeds or other necessary	17449
instruments of conveyance to complete any sale or trade under this	17450
section.	17451

(F) When a board of education has identified a parcel of	17452
real property that it determines is needed for school purposes,	17453
the board may, upon a majority vote of the members of the board,	17454
acquire that property by exchanging real property that the board	17455
owns in its corporate capacity for the identified real property or	17456
by using real property that the board owns in its corporate	17457
capacity as part or an entire consideration for the purchase price	17458
of the identified real property. Any exchange or acquisition made	17459
pursuant to this division shall be made by a conveyance executed	17460
by the president and the treasurer of the board.	17461

(G) When a school district board of education decides to	17462
dispose of real property suitable for use as classroom space,	17463
prior to disposing of such property under division (A) through (F)	17464
of this section, it shall first offer that property for sale to	17465
the governing authorities of the start-up community schools,	17466
established under Chapter 3314. of the Revised Code and located	17467
within the territory of the school district, at a price that is	17468
not higher than the appraised fair market value of that property.	17469
If more than one community school governing authority accepts the	17470
offer made by the school district board, the board shall sell the	17471
property to the governing authority that accepted the offer first	17472
in time. If no community school governing authority accepts the	17473
offer within sixty days after the offer is made by the school	17474
district board, the board may dispose of the property in the	17475
applicable manner prescribed under divisions (A) to (F) of this	17476
section.	17477

Sec. 3313.603.  (A) As used in this section:

17478

(1) "One unit" means a minimum of one hundred twenty hours	17479
of course instruction, except that for a laboratory course, "one	17480
unit" means a minimum of one hundred fifty hours of course	17481
instruction.	17482

(2) "One-half unit" means a minimum of sixty hours of course	17483
instruction, except that for physical education courses, "one-half	17484
unit" means a minimum of one hundred twenty hours of course	17485
instruction.	17486

(B) Beginning September 15, 2001, the requirements for	17487
graduation from every high school shall include twenty-onetwenty	17488
units earned in grades nine through twelve and shall be	17489
distributed as follows:	17490

(1) English language arts, four units;

17491

(2) Health, one-half unit;

17492

(3) Mathematics, three units;

17493

(4) Physical education, one-half unit;

17494

(5) Science, two units until September 15, 2003, and three	17495
units thereafter, which at all times shall include both of the	17496
following:	17497

(a) Biological sciences, one unit;

17498

(b) Physical sciences, one unit.

17499

(6) Social studies, three units, which shall include both of	17500
the following:	17501

(a) American history, one-half unit;

17502

(b) American government, one-half unit.

17503

(7) Elective units, eightseven units until September 15,	17504
2003, and sevensix units thereafter.	17505

Each student's electives shall include at least one unit, or	17506
two half units, chosen from among the areas of	17507
business/technology, fine arts, and/or foreign language.	17508

(C) Every high school may permit students below the ninth	17509
grade to take advanced work for credit. A high school shall count	17510
such advanced work toward the graduation requirements of division	17511
(B) of this section if the advanced work was both:	17512

(1) Taught by a person who possesses a license or	17513
certificate issued under section 3301.071, 3319.22, or 3319.222 of	17514
the Revised Code that is valid for teaching high school;	17515

(2) Designated by the board of education of the city, local,	17516
or exempted village school district, the board of the cooperative	17517
education school district, or the governing authority of the	17518
chartered nonpublic school as meeting the high school curriculum	17519
requirements.	17520

(D) Units earned in English language arts, mathematics,	17521
science, and social studies that are delivered through integrated	17522
academic and technical instruction are eligible to meet the	17523
graduation requirements of division (B) of this section.	17524

Sec. 3313.64.  (A) As used in this section and in section	17525
3313.65 of the Revised Code:	17526

(1) "Parent" means either parent, unless the parents are	17527
separated or divorced or their marriage has been dissolved or	17528
annulled, in which case "parent" means the parent who is the	17529
residential parent and legal custodian of the child. When a child	17530
is in the legal custody of a government agency or a person other	17531
than the child's natural or adoptive parent, "parent" means the	17532
parent with residual parental rights, privileges, and	17533
responsibilities. When a child is in the permanent custody of a	17534
government agency or a person other than the child's natural or	17535
adoptive parent, "parent" means the parent who was divested of	17536
parental rights and responsibilities for the care of the child and	17537
the right to have the child live with the parent and be the legal	17538
custodian of the child and all residual parental rights,	17539
privileges, and responsibilities.	17540

(2) "Legal custody," "permanent custody," and "residual	17541
parental rights, privileges, and responsibilities" have the same	17542
meanings as in section 2151.011 of the Revised Code.	17543

(3) "School district" or "district" means a city, local, or	17544
exempted village school district and excludes any school operated	17545
in an institution maintained by the department of youth services.	17546

(4) Except as used in division (C)(2) of this section,	17547
"home" means a home, institution, foster home, group home, or	17548
other residential facility in this state that receives and cares	17549
for children, to which any of the following applies:	17550

(a) The home is licensed, certified, or approved for such	17551
purpose by the state or is maintained by the department of youth	17552
services.	17553

(b) The home is operated by a person who is licensed,	17554
certified, or approved by the state to operate the home for such	17555
purpose.	17556

(c) The home accepted the child through a placement by a	17557
person licensed, certified, or approved to place a child in such a	17558
home by the state.	17559

(d) The home is a children's home created under section	17560
5153.21 or 5153.36 of the Revised Code.	17561

(5) "Agency" means all of the following:

17562

(a) A public children services agency;

17563

(b) An organization that holds a certificate issued by the	17564
Ohio department of job and family services in accordance with the	17565
requirements of section 5103.03 of the Revised Code and assumes	17566
temporary or permanent custody of children through commitment,	17567
agreement, or surrender, and places children in family homes for	17568
the purpose of adoption;	17569

(c) Comparable agencies of other states or countries that	17570
have complied with applicable requirements of section 2151.39, or	17571
sections 5103.20 to 5103.28 of the Revised Code.	17572

(6) A child is placed for adoption if either of the	17573
following occurs:	17574

(a) An agency to which the child has been permanently	17575
committed or surrendered enters into an agreement with a person	17576
pursuant to section 5103.16 of the Revised Code for the care and	17577
adoption of the child.	17578

(b) The child's natural parent places the child pursuant to	17579
section 5103.16 of the Revised Code with a person who will care	17580
for and adopt the child.	17581

(7) "Handicapped preschool child" means a handicapped child,	17582
as defined by division (A) of section 3323.01 of the Revised Code,	17583
who is at least three years of age but is not of compulsory school	17584
age, as defined in section 3321.01 of the Revised Code, and who is	17585
not currently enrolled in kindergarten.	17586

(8) "Child," unless otherwise indicated, includes handicapped	17587
preschool children.	17588

(B) Except as otherwise provided in section 3321.01 of the	17589
Revised Code for admittance to kindergarten and first grade, a	17590
child who is at least five but under twenty-two years of age and	17591
any handicapped preschool child shall be admitted to school as	17592
provided in this division.	17593

(1) A child shall be admitted to the schools of the school	17594
district in which the child's parent resides.	17595

(2) A child who does not reside in the district where the	17596
child's parent resides shall be admitted to the schools of the	17597
district in which the child resides if any of the following	17598
applies:	17599

(a) The child is in the legal or permanent custody of a	17600
government agency or a person other than the child's natural or	17601
adoptive parent.	17602

(b) The child resides in a home.

17603

(c) The child requires special education.

17604

(3) A child who is not entitled under division (B)(2) of	17605
this section to be admitted to the schools of the district where	17606
the child resides and who is residing with a resident of this	17607
state with whom the child has been placed for adoption shall be	17608
admitted to the schools of the district where the child resides	17609
unless either of the following applies:	17610

(a) The placement for adoption has been terminated.

17611

(b) Another school district is required to admit the child	17612
under division (B)(1) of this section.	17613

Division (B) of this section does not prohibit the board of	17614
education of a school district from placing a handicapped child	17615
who resides in the district in a special education program outside	17616
of the district or its schools in compliance with Chapter 3323. of	17617
the Revised Code.	17618

(C) A district shall not charge tuition for children	17619
admitted under division (B)(1) or (3) of this section. If the	17620
district admits a child under division (B)(2) of this section,	17621
tuition shall be paid to the district that admits the child as	17622
follows:	17623

(1) If the child receives special education in accordance	17624
with Chapter 3323. of the Revised Code, tuition shall be paid in	17625
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	17626
the Revised Code regardless of who has custody of the child or	17627
whether the child resides in a home.	17628

(2) Except as otherwise provided in division (C)(2)(d) of	17629
this section, if the child is in the permanent or legal custody of	17630
a government agency or person other than the child's parent,	17631
tuition shall be paid by:	17632

(a) The district in which the child's parent resided at the	17633
time the court removed the child from home or at the time the	17634
court vested legal or permanent custody of the child in the person	17635
or government agency, whichever occurred first;	17636

(b) If the parent's residence at the time the court removed	17637
the child from home or placed the child in the legal or permanent	17638
custody of the person or government agency is unknown, tuition	17639
shall be paid by the district in which the child resided at the	17640
time the child was removed from home or placed in legal or	17641
permanent custody, whichever occurred first;	17642

(c) If a school district cannot be established under	17643
division (C)(2)(a) or (b) of this section, tuition shall be paid	17644
by the district determined as required by section 2151.357 of the	17645
Revised Code by the court at the time it vests custody of the	17646
child in the person or government agency;	17647

(d) If at the time the court removed the child from home or	17648
vested legal or permanent custody of the child in the person or	17649
government agency, whichever occurred first, one parent was in a	17650
residential or correctional facility or a juvenile residential	17651
placement and the other parent, if living and not in such a	17652
facility or placement, was not known to reside in this state,	17653
tuition shall be paid by the district determined under division	17654
(D) of section 3313.65 of the Revised Code as the district	17655
required to pay any tuition while the parent was in such facility	17656
or placement.	17657

(3) If the child is not in the permanent or legal custody of	17658
a government agency or person other than the child's parent and	17659
the child resides in a home, tuition shall be paid by one of the	17660
following:	17661

(a) The school district in which the child's parent resides;

17662

(b) If the child's parent is not a resident of this state,	17663
the home in which the child resides.	17664

(D) Tuition required to be paid under divisions (C)(2) and	17665
(3)(a) of this section shall be computed in accordance with	17666
section 3317.08 of the Revised Code. Tuition required to be paid	17667
under division (C)(3)(b) of this section shall be computed in	17668
accordance with section 3317.081 of the Revised Code. If a home	17669
fails to pay the tuition required by division (C)(3)(b) of this	17670
section, the board of education providing the education may	17671
recover in a civil action the tuition and the expenses incurred in	17672
prosecuting the action, including court costs and reasonable	17673
attorney's fees. If the prosecuting attorney or city director of	17674
law represents the board in such action, costs and reasonable	17675
attorney's fees awarded by the court, based upon the prosecuting	17676
attorney's, director's, or one of their designee's time spent	17677
preparing and presenting the case, shall be deposited in the	17678
county or city general fund.	17679

(E) A board of education may enroll a child free of any	17680
tuition obligation for a period not to exceed sixty days, on the	17681
sworn statement of an adult resident of the district that the	17682
resident has initiated legal proceedings for custody of the child.	17683

(F) In the case of any individual entitled to attend school	17684
under this division, no tuition shall be charged by the school	17685
district of attendance and no other school district shall be	17686
required to pay tuition for the individual's attendance.	17687
Notwithstanding division (B), (C), or (E) of this section:	17688

(1) All persons at least eighteen but under twenty-two years	17689
of age who live apart from their parents, support themselves by	17690
their own labor, and have not successfully completed the high	17691
school curriculum or the individualized education program	17692
developed for the person by the high school pursuant to section	17693
3323.08 of the Revised Code, are entitled to attend school in the	17694
district in which they reside.	17695

(2) Any child under eighteen years of age who is married is	17696
entitled to attend school in the child's district of residence.	17697

(3) A child is entitled to attend school in the district in	17698
which either of the child's parents is employed if the child has a	17699
medical condition that may require emergency medical attention.	17700
The parent of a child entitled to attend school under division	17701
(F)(3) of this section shall submit to the board of education of	17702
the district in which the parent is employed a statement from the	17703
child's physician certifying that the child's medical condition	17704
may require emergency medical attention. The statement shall be	17705
supported by such other evidence as the board may require.	17706

(4) Any child residing with a person other than the child's	17707
parent is entitled, for a period not to exceed twelve months, to	17708
attend school in the district in which that person resides if the	17709
child's parent files an affidavit with the superintendent of the	17710
district in which the person with whom the child is living resides	17711
stating all of the following:	17712

(a) That the parent is serving outside of the state in the	17713
armed services of the United States;	17714

(b) That the parent intends to reside in the district upon	17715
returning to this state;	17716

(c) The name and address of the person with whom the child	17717
is living while the parent is outside the state.	17718

(5) Any child under the age of twenty-two years who, after	17719
the death of a parent, resides in a school district other than the	17720
district in which the child attended school at the time of the	17721
parent's death is entitled to continue to attend school in the	17722
district in which the child attended school at the time of the	17723
parent's death for the remainder of the school year, subject to	17724
approval of that district board.	17725

(6) A child under the age of twenty-two years who resides	17726
with a parent who is having a new house built in a school district	17727
outside the district where the parent is residing is entitled to	17728
attend school for a period of time in the district where the new	17729
house is being built. In order to be entitled to such attendance,	17730
the parent shall provide the district superintendent with the	17731
following:	17732

(a) A sworn statement explaining the situation, revealing	17733
the location of the house being built, and stating the parent's	17734
intention to reside there upon its completion;	17735

(b) A statement from the builder confirming that a new house	17736
is being built for the parent and that the house is at the	17737
location indicated in the parent's statement.	17738

(7) A child under the age of twenty-two years residing with	17739
a parent who has a contract to purchase a house in a school	17740
district outside the district where the parent is residing and who	17741
is waiting upon the date of closing of the mortgage loan for the	17742
purchase of such house is entitled to attend school for a period	17743
of time in the district where the house is being purchased. In	17744
order to be entitled to such attendance, the parent shall provide	17745
the district superintendent with the following:	17746

(a) A sworn statement explaining the situation, revealing	17747
the location of the house being purchased, and stating the	17748
parent's intent to reside there;	17749

(b) A statement from a real estate broker or bank officer	17750
confirming that the parent has a contract to purchase the house,	17751
that the parent is waiting upon the date of closing of the	17752
mortgage loan, and that the house is at the location indicated in	17753
the parent's statement.	17754

The district superintendent shall establish a period of time	17755
not to exceed ninety days during which the child entitled to	17756
attend school under division (F)(6) or (7) of this section may	17757
attend without tuition obligation. A student attending a school	17758
under division (F)(6) or (7) of this section shall be eligible to	17759
participate in interscholastic athletics under the auspices of	17760
that school, provided the board of education of the school	17761
district where the student's parent resides, by a formal action,	17762
releases the student to participate in interscholastic athletics	17763
at the school where the student is attending, and provided the	17764
student receives any authorization required by a public agency or	17765
private organization of which the school district is a member	17766
exercising authority over interscholastic sports.	17767

(8) A child whose parent is a full-time employee of a city,	17768
local, or exempted village school district, or of an educational	17769
service center, may be admitted to the schools of the district	17770
where the child's parent is employed, or in the case of a child	17771
whose parent is employed by an educational service center, in the	17772
district that serves the location where the parent's job is	17773
primarily located, provided the district board of education	17774
establishes such an admission policy by resolution adopted by a	17775
majority of its members. Any such policy shall take effect on the	17776
first day of the school year and the effective date of any	17777
amendment or repeal may not be prior to the first day of the	17778
subsequent school year. The policy shall be uniformly applied to	17779
all such children and shall provide for the admission of any such	17780
child upon request of the parent. No child may be admitted under	17781
this policy after the first day of classes of any school year.	17782

(9) A child who is with the child's parent under the care of	17783
a shelter for victims of domestic violence, as defined in section	17784
3113.33 of the Revised Code, is entitled to attend school free in	17785
the district in which the child is with the child's parent, and no	17786
other school district shall be required to pay tuition for the	17787
child's attendance in that school district.	17788

The enrollment of a child in a school district under this	17789
division shall not be denied due to a delay in the school	17790
district's receipt of any records required under section 3313.672	17791
of the Revised Code or any other records required for enrollment.	17792
Any days of attendance and any credits earned by a child while	17793
enrolled in a school district under this division shall be	17794
transferred to and accepted by any school district in which the	17795
child subsequently enrolls. The state board of education shall	17796
adopt rules to ensure compliance with this division.	17797

(10) Any child under the age of twenty-two years whose	17798
parent has moved out of the school district after the commencement	17799
of classes in the child's senior year of high school is entitled,	17800
subject to the approval of that district board, to attend school	17801
in the district in which the child attended school at the time of	17802
the parental move for the remainder of the school year and for one	17803
additional semester or equivalent term. A district board may also	17804
adopt a policy specifying extenuating circumstances under which a	17805
student may continue to attend school under division (F)(10) of	17806
this section for an additional period of time in order to	17807
successfully complete the high school curriculum for the	17808
individualized education program developed for the student by the	17809
high school pursuant to section 3323.08 of the Revised Code.	17810

(11) As used in this division, "grandparent" means a parent	17811
of a parent of a child. A child under the age of twenty-two years	17812
who is in the custody of the child's parent, resides with a	17813
grandparent, and does not require special education is entitled to	17814
attend the schools of the district in which the child's	17815
grandparent resides, provided that, prior to such attendance in	17816
any school year, the board of education of the school district in	17817
which the child's grandparent resides and the board of education	17818
of the school district in which the child's parent resides enter	17819
into a written agreement specifying that good cause exists for	17820
such attendance, describing the nature of this good cause, and	17821
consenting to such attendance.	17822

In lieu of a consent form signed by a parent, a board of	17823
education may request the grandparent of a child attending school	17824
in the district in which the grandparent resides pursuant to	17825
division (F)(11) of this section to complete any consent form	17826
required by the district, including any authorization required by	17827
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	17828
Upon request, the grandparent shall complete any consent form	17829
required by the district. A school district shall not incur any	17830
liability solely because of its receipt of a consent form from a	17831
grandparent in lieu of a parent.	17832

Division (F)(11) of this section does not create, and shall	17833
not be construed as creating, a new cause of action or substantive	17834
legal right against a school district, a member of a board of	17835
education, or an employee of a school district. This section does	17836
not affect, and shall not be construed as affecting, any	17837
immunities from defenses to tort liability created or recognized	17838
by Chapter 2744. of the Revised Code for a school district,	17839
member, or employee.	17840

(12) A child under the age of twenty-two years is entitled	17841
to attend school in a school district other than the district in	17842
which the child is entitled to attend school under division (B),	17843
(C), or (E) of this section provided that, prior to such	17844
attendance in any school year, both of the following occur:	17845

(a) The superintendent of the district in which the child is	17846
entitled to attend school under division (B), (C), or (E) of this	17847
section contacts the superintendent of another district for	17848
purposes of this division;	17849

(b) The superintendents of both districts enter into a	17850
written agreement that consents to the attendance and specifies	17851
that the purpose of such attendance is to protect the student's	17852
physical or mental well-being or to deal with other extenuating	17853
circumstances deemed appropriate by the superintendents.	17854

While an agreement is in effect under this division for a	17855
student who is not receiving special education under Chapter 3323.	17856
of the Revised Code and notwithstanding Chapter 3327. of the	17857
Revised Code, the board of education of neither school district	17858
involved in the agreement is required to provide transportation	17859
for the student to and from the school where the student attends.	17860

A student attending a school of a district pursuant to this	17861
division shall be allowed to participate in all student	17862
activities, including interscholastic athletics, at the school	17863
where the student is attending on the same basis as any student	17864
who has always attended the schools of that district while of	17865
compulsory school age.	17866

(13) All school districts shall comply with the	17867
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	17868
seq., for the education of homeless children. Each city, local,	17869
and exempted village school district shall comply with the	17870
requirements of that act governing the provision of a free,	17871
appropriate public education, including public preschool, to each	17872
homeless child.	17873

When a child loses permanent housing and becomes a homeless	17874
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	17875
such a homeless person changes temporary living arrangements, the	17876
child's parent or guardian shall have the option of enrolling the	17877
child in either of the following:	17878

(a) The child's school of origin, as defined in 42 U.S.C.A.	17879
11432(g)(3)(C);	17880

(b) The school that is operated by the school district in	17881
which the shelter where the child currently resides is located and	17882
that serves the geographic area in which the shelter is located.	17883

(G) A board of education, after approving admission, may	17884
waive tuition for students who will temporarily reside in the	17885
district and who are either of the following:	17886

(1) Residents or domiciliaries of a foreign nation who	17887
request admission as foreign exchange students;	17888

(2) Residents or domiciliaries of the United States but not	17889
of Ohio who request admission as participants in an exchange	17890
program operated by a student exchange organization.	17891

(H) Pursuant to sections 3311.211, 3313.90, 3319.01,	17892
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may	17893
attend school or participate in a special education program in a	17894
school district other than in the district where the child is	17895
entitled to attend school under division (B) of this section.	17896

(I) This division does not apply to a child receiving	17897
special education.	17898

A school district required to pay tuition pursuant to	17899
division (C)(2) or (3) of this section or section 3313.65 of the	17900
Revised Code shall have an amount deducted under division (F) of	17901
section 3317.023 of the Revised Code equal to its own tuition rate	17902
for the same period of attendance. A school district entitled to	17903
receive tuition pursuant to division (C)(2) or (3) of this section	17904
or section 3313.65 of the Revised Code shall have an amount	17905
credited under division (F) of section 3317.023 of the Revised	17906
Code equal to its own tuition rate for the same period of	17907
attendance. If the tuition rate credited to the district of	17908
attendance exceeds the rate deducted from the district required to	17909
pay tuition, the department of education shall pay the district of	17910
attendance the difference from amounts deducted from all	17911
districts' payments under division (F) of section 3317.023 of the	17912
Revised Code but not credited to other school districts under such	17913
division and from appropriations made for such purpose. The	17914
treasurer of each school district shall, by the fifteenth day of	17915
January and July, furnish the superintendent of public instruction	17916
a report of the names of each child who attended the district's	17917
schools under divisions (C)(2) and (3) of this section or section	17918
3313.65 of the Revised Code during the preceding six calendar	17919
months, the duration of the attendance of those children, the	17920
school district responsible for tuition on behalf of the child,	17921
and any other information that the superintendent requires.	17922

Upon receipt of the report the superintendent, pursuant to	17923
division (F) of section 3317.023 of the Revised Code, shall deduct	17924
each district's tuition obligations under divisions (C)(2) and (3)	17925
of this section or section 3313.65 of the Revised Code and pay to	17926
the district of attendance that amount plus any amount required to	17927
be paid by the state.	17928

(J) In the event of a disagreement, the superintendent of	17929
public instruction shall determine the school district in which	17930
the parent resides.	17931

(K) Nothing in this section requires or authorizes, or shall	17932
be construed to require or authorize, the admission to a public	17933
school in this state of a pupil who has been permanently excluded	17934
from public school attendance by the superintendent of public	17935
instruction pursuant to sections 3301.121 and 3313.662 of the	17936
Revised Code.	17937

Sec. 3314.07.  (A) The expiration of the contract for a	17938
community school between a sponsor and a school shall be the date	17939
provided in the contract. A successor contract may be entered	17940
into unless the contract is terminated or not renewed pursuant to	17941
this section.	17942

(B)(1) A sponsor may choose not to renew a contract at its	17943
expiration or may choose to terminate a contract prior to its	17944
expiration for any of the following reasons:	17945

(a) Failure to meet student performance requirements stated	17946
in the contract;	17947

(b) Failure to meet generally accepted standards of fiscal	17948
management;	17949

(c) Violation of any provision of the contract or applicable	17950
state or federal law;	17951

(d) Other good cause.

17952

A termination shall be effective only at the conclusion of a	17953
school year.	17954

(2) A sponsor may choose to terminate a contract prior to its	17955
expiration if the sponsor has suspended the operation of the	17956
contract under section 3314.072 of the Revised Code.	17957

(3) At least one hundred eightyninety days prior to the	17958
termination or nonrenewal of a contract, the sponsor shall notify	17959
the school of the proposed action in writing. The notice shall	17960
include the reasons for the proposed action in detail, the	17961
effective date of the termination or nonrenewal, and a statement	17962
that the school may, within fourteen days of receiving the notice,	17963
request an informal hearing before the sponsor. Such request must	17964
be in writing. The informal hearing shall be held within seventy	17965
days of the receipt of a request for the hearing. Promptly	17966
following the informal hearing, the sponsor shall issue a written	17967
decision either affirming or rescinding the decision to terminate	17968
or not renew the contract.	17969

(3)(4) A decision by the sponsor to terminate a contract may	17970
be appealed to the state board of education. The decision by the	17971
state board pertaining to an appeal under this division is final.	17972
If the sponsor is the state board, its decision to terminate a	17973
contract under division (B)(4) of this section shall be final.	17974

(5) The termination of a contract under this section shall	17975
be effective upon the occurrence of the later of the following	17976
events:	17977

(a) Ninety days following the date the sponsor notifies the	17978
school of its decision to terminate the contract as prescribed in	17979
division (B)(3) of this section;	17980

(b) If an informal hearing is requested under division	17981
(B)(3) of this section and as a result of that hearing the sponsor	17982
affirms its decision to terminate the contract, the effective date	17983
of the termination specified in the notice issued under division	17984
(B)(3) of this section, or if that decision is appealed to the	17985
state board under division (B)(4) of this section and the state	17986
board affirms that decision, the date established in the	17987
resolution of the state board affirming the sponsor's decision.	17988

(C) A child attending a community school whose contract has	17989
been terminated or, nonrenewed, or suspended or that closes for	17990
any reason shall be admitted to the schools of the district in	17991
which the child is entitled to attend under section 3313.64 or	17992
3313.65 of the Revised Code. Any deadlines established for the	17993
purpose of admitting students under section 3313.97 or 3313.98	17994
shall be waived for students to whom this division pertains.	17995

(D) A sponsor of a community school and the officers,	17996
directors, or employees of such a sponsor are not liable in	17997
damages in a tort or other civil action for harm allegedly arising	17998
from either of the following:	17999

(1) A failure of the community school or any of its	18000
officers, directors, or employees to perform any statutory or	18001
common law duty or responsibility or any other legal obligation;	18002

(2) An action or omission of the community school or any of	18003
its officers, directors, or employees that results in harm.	18004

(E) As used in this section:

18005

(1) "Harm" means injury, death, or loss to person or	18006
property.	18007

(2) "Tort action" means a civil action for damages for	18008
injury, death, or loss to person or property other than a civil	18009
action for damages for a breach of contract or another agreement	18010
between persons.	18011

Sec. 3314.072. The provisions of this section are enacted to	18012
promote the public health, safety, and welfare by establishing	18013
procedures under which the governing authorities of community	18014
schools established under this chapter will be held accountable	18015
for their compliance with the terms of the contracts they enter	18016
into with their school's sponsors and the law relating to the	18017
school's operation. Suspension of the operation of a school	18018
imposed under this section is intended to encourage the governing	18019
authority's compliance with the terms of the school's contract and	18020
the law and is not intended to be an alteration of the terms of	18021
that contract.	18022

(A) If a sponsor of a community school established under	18023
this chapter suspends the operation of that school pursuant to	18024
procedures set forth in this section, the governing authority	18025
shall not operate that school while the suspension is in effect.	18026
Any such suspension shall remain in effect until the sponsor	18027
notifies the governing authority that it is no longer in effect.	18028
The contract of a school of which operation is suspended under	18029
this section also may be subject to termination or nonrenewal	18030
under section 3314.07 of the Revised Code.	18031

(B) If at any time the sponsor of a community school	18032
established under this chapter determines that conditions at the	18033
school do not comply with a health and safety standard established	18034
by law for school buildings, the sponsor shall immediately suspend	18035
the operation of the school pursuant to procedures set forth in	18036
division (D) of this section.	18037

(C)(1) For any of the reasons prescribed in division	18038
(B)(1)(a) to (d) of section 3314.07 of the Revised Code, the	18039
sponsor of a community school established under this chapter may	18040
suspend the operation of the school only if it first issues to the	18041
governing authority notice of the sponsor's intent to suspend the	18042
operation of the contract. Such notice shall explain the reasons	18043
for the sponsor's intent to suspend operation of the contract and	18044
shall provide the school's governing authority with five business	18045
days to submit to the sponsor a proposal to remedy the conditions	18046
cited as reasons for the suspension.	18047

(2) The sponsor shall promptly review any proposed remedy	18048
timely submitted by the governing authority and either approve or	18049
disapprove the remedy. If the sponsor disapproves the remedy	18050
proposed by the governing authority, if the governing authority	18051
fails to submit a proposed remedy in the manner prescribed by the	18052
sponsor, or if the governing authority fails to implement the	18053
remedy as approved by the sponsor, the sponsor may suspend	18054
operation of the school pursuant to procedures set forth in	18055
division (D) of this section.	18056

(D)(1) If division (B) of this section applies or if the	18057
sponsor of a community school established under this chapter	18058
decides to suspend the operation of a school as permitted in	18059
division (C)(2) of this section, the sponsor shall promptly send	18060
written notice to the governing authority stating that the	18061
operation of the school is immediately suspended, and explaining	18062
the specific reasons for the suspension. The notice shall state	18063
that the governing authority has five business days to submit a	18064
proposed remedy to the conditions cited as reasons for the	18065
suspension or face potential contract termination.	18066

(2) Upon receipt of the notice of suspension prescribed	18067
under division (D)(1) of this section, the governing authority	18068
shall immediately notify the employees of the school and the	18069
parents of the students enrolled in the school of the suspension	18070
and the reasons therefore, and shall cease all school operations	18071
on the next business day.	18072

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

18073

(1) "Base formula amount" means the amount specified as such	18074
in a community school's financial plan for a school year pursuant	18075
to division (A)(15) of section 3314.03 of the Revised Code.	18076

(2) "Cost-of-doing-business factor" has the same meaning as	18077
in section 3317.02 of the Revised Code.	18078

(3) "IEP" means an individualized education program as	18079
defined in section 3323.01 of the Revised Code.	18080

(4) "Applicable special education weight" means:

18081

(a) For a student receiving special education and related	18082
services pursuant to an IEP for a handicap described in division	18083
(A) of section 3317.013 of the Revised Code, the multiple	18084
specified in that division;	18085

(b) For a student receiving special education and related	18086
services pursuant to an IEP for a handicap described in division	18087
(B) of section 3317.013 or division (F)(3) of section 3317.02 of	18088
the Revised Code, the multiple specified in division (B) of for a	18089
handicap described in that section 3317.013 of the Revised Code.	18090

(5) "Total special education weight" means the sum of the	18091
following:	18092

(a) The number of students reported under division (B)(2)(c)	18093
of this section who are entitled to attend school in the district,	18094
are enrolled in grades one through twelve in a community school,	18095
and are receiving from their community school special education	18096
and related services pursuant to an IEP for a handicap described	18097
in division (A) of section 3317.013 of the Revised Code,	18098
multiplied by the multiple specified in division (A) of section	18099
3317.013 of the Revised Code;	18100

(b) One-half the number of students reported under division	18101
(B)(2)(c) of this section who are entitled to attend school in the	18102
district, are enrolled in kindergarten in a community school, and	18103
are receiving from their community school special education and	18104
related services pursuant to an IEP for a handicap described in	18105
division (A) of section 3317.013 of the Revised Code, multiplied	18106
by the multiple specified in division (A) of section 3317.013 of	18107
the Revised Code;	18108

(c) The number of students reported under division (B)(2)(c)	18109
of this section who are entitled to attend school in the district,	18110
are enrolled in grades one through twelve in a community school,	18111
and are receiving from their community school special education	18112
and related services pursuant to an IEP for a handicap described	18113
in division (B) of section 3317.013 or division (F)(3) of section	18114
3317.02 of the Revised Code, multiplied by the multiple specified	18115
in division (B) of section 3317.013 of the Revised Code;	18116

(d) One-half the number of students reported under division	18117
(B)(2)(c) of this section who are entitled to attend school in the	18118
district, are enrolled in kindergarten in a community school, and	18119
are receiving from their community school special education and	18120
related services pursuant to an IEP for a handicap described in	18121
division (B) of section 3317.013 or division (F)(3) of section	18122
3317.02 of the Revised Code, multiplied by the multiple specified	18123
in division (B) of section 3317.013 of the Revised Code	18124
"Applicable vocational education weight" means:	18125

(a) For a student enrolled in vocational education programs	18126
or classes described in division (A) of section 3317.014 of the	18127
Revised Code, the multiple specified in that division;	18128

(b) For a student enrolled in vocational education programs	18129
or classes described in division (B) of section 3317.014 of the	18130
Revised Code, the multiple specified in that division.	18131

(6) "Entitled to attend school" means entitled to attend	18132
school in a district under section 3313.64 or 3313.65 of the	18133
Revised Code.	18134

(7) A community school student is "included in the DPIA	18135
student count" of a school district if the student is entitled to	18136
attend school in the district and:	18137

(a) For school years prior to fiscal year 2004, the	18138
student's family receives assistance under the Ohio works first	18139
program.	18140

(b) For school years in and after fiscal year 2004, the	18141
student's family income does not exceed the federal poverty	18142
guidelines, as defined in section 5101.46 of the Revised Code, and	18143
the student's family receives family assistance, as defined in	18144
section 3317.029 of the Revised Code.	18145

(8) "DPIA reduction factor" means the percentage figure, if	18146
any, for reducing the per pupil amount of disadvantaged pupil	18147
impact aid a community school is entitled to receive pursuant to	18148
divisions (D)(4)(5) and (5)(6) of this section in any year, as	18149
specified in the school's financial plan for the year pursuant to	18150
division (A)(15) of section 3314.03 of the Revised Code.	18151

(8)(9) "All-day kindergarten" has the same meaning as in	18152
section 3317.029 of the Revised Code.	18153

(B) The state board of education shall adopt rules requiring	18154
both of the following:	18155

(1) The board of education of each city, exempted village,	18156
and local school district to annually report the number of	18157
students entitled to attend school in the district who are	18158
enrolled in grades one through twelve in a community school	18159
established under this chapter, the number of students entitled to	18160
attend school in the district who are enrolled in kindergarten in	18161
a community school, the number of those kindergartners who are	18162
enrolled in all-day kindergarten in their community school, and	18163
for each child, the community school in which the child is	18164
enrolled.	18165

(2) The governing authority of each community school	18166
established under this chapter to annually report all of the	18167
following:	18168

(a) The number of students enrolled in grades one through	18169
twelve and the number of students enrolled in kindergarten in the	18170
school who are not receiving special education and related	18171
services pursuant to an IEP;	18172

(b) The number of enrolled students in grades one through	18173
twelve and the number of enrolled students in kindergarten, who	18174
are receiving special education and related services pursuant to	18175
an IEP;	18176

(c) The number of students reported under division (B)(2)(b)	18177
of this section receiving special education and related services	18178
pursuant to an IEP for a handicap described in each of divisions	18179
(A) and (B)to (F) of section 3317.013 and division (F)(3) of	18180
section 3317.02 of the Revised Code;	18181

(d) The full-time equivalent number of students reported	18182
under divisions (B)(2)(a) and (b) of this section who are enrolled	18183
in vocational education programs or classes described in each of	18184
divisions (A) and (B) of section 3317.014 of the Revised Code that	18185
are provided by the community school;	18186

(e) The number of enrolled preschool handicapped students	18187
receiving special education services in a state-funded unit;	18188

(e)(f) The community school's base formula amount;

18189

(f)(g) For each student, the city, exempted village, or	18190
local school district in which the student is entitled to attend	18191
school;	18192

(g)(h) Any DPIA reduction factor that applies to a school	18193
year.	18194

(C) From the payments made to a city, exempted village, or	18195
local school district under Chapter 3317. of the Revised Code and,	18196
if necessary, sections 321.14 and 323.156 of the Revised Code, the	18197
department of education shall annually subtract all of the	18198
following:	18199

(1) An amount equal to the sum of the amounts obtained when,	18200
for each community school where the district's students are	18201
enrolled, the number of the district's students reported under	18202
divisions (B)(2)(a) and (b) of this section who are enrolled in	18203
grades one through twelve, and one-half the number of students	18204
reported under those divisions who are enrolled in kindergarten,	18205
in that community school is multiplied by the base formula amount	18206
of that community school as adjusted by the school district's	18207
cost-of-doing-business factor.	18208

(2) The product of the number of district students reported	18209
under division (B)(2)(c) of this section as enrolled in grades one	18210
through twelve, and one-half of the number of district students	18211
reported under that division as enrolled in kindergarten, who are	18212
receiving special education and related services pursuant to an	18213
IEP in their respective community schools for a handicap described	18214
in division (A) or (B) of section 3317.013 or division (F)(3) of	18215
section 3317.02 of the Revised Code, multiplied by the total	18216
special education weight times the community school's base formula	18217
amount;sum of the amounts calculated under divisions (C)(2)(a)	18218
and (b) of this section:	18219

(a) For each of the district's students reported under	18220
division (B)(2)(c) of this section as enrolled in a community	18221
school in grades one through twelve and receiving special	18222
education and related services pursuant to an IEP for a handicap	18223
described in section 3317.013 of the Revised Code, the product of	18224
the applicable special education weight times the community	18225
school's base formula amount;	18226

(b) For each of the district's students reported under	18227
division (B)(2)(c) of this section as enrolled in kindergarten in	18228
a community school and receiving special education and related	18229
services pursuant to an IEP for a handicap described in section	18230
3317.013 of the Revised Code, one-half of the amount calculated as	18231
prescribed in division (C)(2)(a) of this section.	18232

(3) For each of the district's students reported under	18233
division (B)(2)(d) of this section for whom payment is made under	18234
division (D)(4) of this section, the amount of that payment;	18235

(4) An amount equal to the sum of the amounts obtained when,	18236
for each community school where the district's students are	18237
enrolled, the number of the district's students enrolled in that	18238
community school and residing in the district in a family	18239
participating in Ohio works first under Chapter 5107. of the	18240
Revised Codewho are included in the district's DPIA student count	18241
is multiplied by the per pupil amount of disadvantaged pupil	18242
impact aid the school district receives that year pursuant to	18243
division (B) or (C) of section 3317.029 of the Revised Code, as	18244
adjusted by any DPIA reduction factor of that community school. If	18245
the district receives disadvantaged pupil impact aid under	18246
division (B) of that section, the per pupil amount of that aid is	18247
the quotient of the amount the district received under that	18248
division divided by the number of children ages five through	18249
seventeen residing in the district and living in a family	18250
participating in Ohio works first, as most recently reported under	18251
section 3317.10 of the Revised Codedistrict's DPIA student count,	18252
as defined in that section. If the district receives	18253
disadvantaged pupil impact aid under division (C) of section	18254
3317.029 of the Revised Code, the per pupil amount of that aid is	18255
the per pupil dollar amount prescribed for the district in	18256
division (C)(1) or (2) of that section.	18257

(4)(5) An amount equal to the sum of the amounts obtained	18258
when, for each community school where the district's students are	18259
enrolled, the district's per pupil amount of aid received under	18260
division (E) of section 3317.029 of the Revised Code, as adjusted	18261
by any DPIA reduction factor of the community school, is	18262
multiplied by the sum of the following:	18263

(a) The number of the district's students reported under	18264
division (B)(2)(a) of this section who are enrolled in grades one	18265
to three in that community school and who are not receiving	18266
special education and related services pursuant to an IEP;	18267

(b) One-half of the district's students who are enrolled in	18268
all-day or any other kindergarten class in that community school	18269
and who are not receiving special education and related services	18270
pursuant to an IEP;	18271

(c) One-half of the district's students who are enrolled in	18272
all-day kindergarten in that community school and who are not	18273
receiving special education and related services pursuant to an	18274
IEP.	18275

The district's per pupil amount of aid under division (E) of	18276
section 3317.029 of the Revised Code is the quotient of the amount	18277
the district received under that division divided by the	18278
district's kindergarten through third grade ADM, as defined in	18279
that section.	18280

(D) The department shall annually pay to a community school	18281
established under this chapter all of the following:	18282

(1) An amount equal to the sum of the amounts obtained when	18283
the number of students enrolled in grades one through twelve, plus	18284
one-half of the kindergarten students in the school, reported	18285
under divisions (B)(2)(a) and (b) of this section who are not	18286
receiving special education and related services pursuant to an	18287
IEP for a handicap described in division (A) or (B) of section	18288
3317.013 or division (F)(3) of section 3317.02 of the Revised Code	18289
is multiplied by the community school's base formula amount, as	18290
adjusted by the cost-of-doing-business factor of the school	18291
district in which the student is entitled to attend school;	18292

(2) The greater of the following:

18293

(a) The aggregate amount that the department paid to the	18294
community school in fiscal year 1999 for students receiving	18295
special education and related services pursuant to IEPs, excluding	18296
federal funds and state disadvantaged pupil impact aid funds;	18297

(b) The sum of the amounts calculated under divisions	18298
(D)(2)(b)(i) and (ii) of this section:	18299

(i) For each student reported under division (B)(2)(c) of	18300
this section as enrolled in the school in grades one through	18301
twelve and receiving special education and related services	18302
pursuant to an IEP for a handicap described in division (A) or (B)	18303
of section 3317.013 or division (F)(3) of section 3317.02 of the	18304
Revised Code, the following amount:	18305

(the community school's base formula amount X the

18306

cost-of-doing-business factor of the district where the student

18307

is entitled to attend school) + (the applicable special education	18308
weight	18309

X the community school's base formula amount);

18310

(ii) For each student reported under division (B)(2)(c) of	18311
this section as enrolled in kindergarten and receiving special	18312
education and related services pursuant to an IEP for a handicap	18313
described in division (A) or (B) of section 3317.013 or division	18314
(F)(3) of section 3317.02 of the Revised Code, one-half of the	18315
amount calculated under the formula prescribed in division	18316
(D)(2)(b)(i) of this section.	18317

(3) An amount received from federal funds to provide special	18318
education and related services to students in the community	18319
school, as determined by the superintendent of public instruction.	18320

(4) For each student reported under division (B)(2)(d) of	18321
this section as enrolled in vocational education programs or	18322
classes that are described in section 3317.014 of the Revised	18323
Code, are provided by the community school, and are comparable as	18324
determined by the superintendent of public instruction to school	18325
district vocational education programs and classes eligible for	18326
state weighted funding under section 3317.014 of the Revised Code,	18327
an amount equal to the applicable vocational education weight	18328
times the community school's base formula amount times the	18329
percentage of time the student spends in the vocational education	18330
programs or classes.	18331

(5) An amount equal to the sum of the amounts obtained when,	18332
for each school district where the community school's students are	18333
entitled to attend school, the number of that district's students	18334
enrolled in the community school and participating in Ohio works	18335
firstwho are included in the district's DPIA student count is	18336
multiplied by the per pupil amount of disadvantaged pupil impact	18337
aid that school district receives that year pursuant to division	18338
(B) or (C) of section 3317.029 of the Revised Code, as adjusted by	18339
any DPIA reduction factor of the community school. The per pupil	18340
amount of aid shall be determined as described in division	18341
(C)(3)(4) of this section.	18342

(5)(6) An amount equal to the sum of the amounts obtained	18343
when, for each school district where the community school's	18344
students are entitled to attend school, the district's per pupil	18345
amount of aid received under division (E) of section 3317.029 of	18346
the Revised Code, as adjusted by any DPIA reduction factor of the	18347
community school, is multiplied by the sum of the following:	18348

(a) The number of the district's students reported under	18349
division (B)(2)(a) of this section who are enrolled in grades one	18350
to three in that community school and who are not receiving	18351
special education and related services pursuant to an IEP;	18352

(b) One-half of the district's students who are enrolled in	18353
all-day or any other kindergarten class in that community school	18354
and who are not receiving special education and related services	18355
pursuant to an IEP;	18356

(c) One-half of the district's students who are enrolled in	18357
all-day kindergarten in that community school and who are not	18358
receiving special education and related services pursuant to an	18359
IEP.	18360

The district's per pupil amount of aid under division (E) of	18361
section 3317.029 of the Revised Code shall be determined as	18362
described in division (C)(4)(5) of this section.	18363

(E)(1) If a community school's costs for a fiscal year for a	18364
student receiving special education and related services pursuant	18365
to an IEP for a handicap described in divisiondivisions (B) to	18366
(F)(3) of section 3317.023317.013 of the Revised Code are	18367
twenty-five thousand dollars or moreexceed the threshold	18368
catastrophic cost for serving the student as specified in division	18369
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	18370
submit to the superintendent of public instruction documentation,	18371
as prescribed by the superintendent, of all its costs for that	18372
student. Upon submission of documentation for a student of the	18373
type and in the manner prescribed, the department shall pay to the	18374
community school an amount equal to the school's costs for the	18375
student in excess of twenty-five thousand dollarsthe threshold	18376
catastrophic costs.	18377

(2) The community school shall only report under division	18378
(E)(1) of this section, and the department shall only pay for, the	18379
costs of educational expenses and the related services provided to	18380
the student in accordance with the student's individualized	18381
education program. Any legal fees, court costs, or other costs	18382
associated with any cause of action relating to the student may	18383
not be included in the amount.	18384

(F) A community school may apply to the department of	18385
education for preschool handicapped or gifted unit funding the	18386
school would receive if it were a school district. Upon request	18387
of its governing authority, a community school that received unit	18388
funding as a school district-operated school before it became a	18389
community school shall retain any units awarded to it as a school	18390
district-operated school provided the school continues to meet	18391
eligibility standards for the unit.	18392

A community school shall be considered a school district and	18393
its governing authority shall be considered a board of education	18394
for the purpose of applying to any state or federal agency for	18395
grants that a school district may receive under federal or state	18396
law or any appropriations act of the general assembly. The	18397
governing authority of a community school may apply to any private	18398
entity for additional funds.	18399

(G) A board of education sponsoring a community school may	18400
utilize local funds to make enhancement grants to the school or	18401
may agree, either as part of the contract or separately, to	18402
provide any specific services to the community school at no cost	18403
to the school.	18404

(H) A community school may not levy taxes or issue bonds	18405
secured by tax revenues.	18406

(I) No community school shall charge tuition for the	18407
enrollment of any student.	18408

(J)(1) A community school may borrow money to pay any	18409
necessary and actual expenses of the school in anticipation of the	18410
receipt of any portion of the payments to be received by the	18411
school pursuant to division (D) of this section. The school may	18412
issue notes to evidence such borrowing to mature no later than the	18413
end of the fiscal year in which such money was borrowed. The	18414
proceeds of the notes shall be used only for the purposes for	18415
which the anticipated receipts may be lawfully expended by the	18416
school.	18417

(2) A school may also borrow money for a term not to exceed	18418
fifteen years for the purpose of acquiring facilities, as	18419
described in division (B) of section 3318.50 of the Revised Code.	18420

(K) For purposes of determining the number of students for	18421
which divisions (D)(4)(5) and (5)(6) of this section applies in	18422
any school year, a community school may submit to the department	18423
of job and family services, no later than the first day of March,	18424
a list of the students enrolled in the school. For each student	18425
on the list, the community school shall indicate the student's	18426
name, address, and date of birth and the school district where the	18427
student is entitled to attend school. Upon receipt of a list	18428
under this division, the department of job and family services	18429
shall determine, for each school district where one or more	18430
students on the list is entitled to attend school, the number of	18431
students residing in that school district who were included in the	18432
department's report under section 3317.10 of the Revised Code. The	18433
department shall make this determination on the basis of	18434
information readily available to it. Upon making this	18435
determination and no later than ninety days after submission of	18436
the list by the community school, the department shall report to	18437
the state department of education the number of students on the	18438
list who reside in each school district who were included in the	18439
department's report under section 3317.10 of the Revised Code. In	18440
complying with this division, the department of job and family	18441
services shall not report to the state department of education any	18442
personally identifiable information on any student.	18443

(L) The department of education shall adjust the amounts	18444
subtracted and paid under divisions (C) and (D) of this section to	18445
reflect any enrollment of students in community schools for less	18446
than the equivalent of a full school year. For purposes of this	18447
section, a student shall be considered enrolled in the community	18448
school for any portion of the school year the student is	18449
participating at a college under Chapter 3365. of the Revised	18450
Code.	18451

(M) The department of education shall reduce the amounts	18452
paid under division (D) of this section to reflect payments made	18453
to colleges under division (B) of section 3365.07 of the Revised	18454
Code.	18455

(N) Beginning with the school year that starts on July 1,	18456
2001, in accordance with policies adopted jointly by the	18457
superintendent of public instruction, the auditor of state, and	18458
the sponsor of the applicable internet-based community school, the	18459
department shall reduce the amounts otherwise payable under	18460
division (D) of this section to any internet or computer-based	18461
community school that includes in its program the provision of	18462
computer hardware and software materials to each student, if such	18463
hardware and software materials have not been delivered,	18464
installed, and activated for all students in a timely manner or	18465
other educational materials or services have not been provided	18466
according to the contract between the individual community school	18467
and its sponsor.	18468

The superintendent of public instruction, the auditor of	18469
state, and the individual community school's sponsor shall jointly	18470
establish a method for auditing any community school to which this	18471
division pertains to ensure compliance with this section.	18472

The superintendent, auditor of state, sponsors of	18473
internet-based community schools, and the governor shall jointly	18474
make recommendations to the general assembly for legislative	18475
changes that may be required to assure fiscal and academic	18476
accountability for such internet or computer-based schools.	18477

Sec. 3314.09. (A) As used in this section and section	18478
3314.091 of the Revised Code, "native student" means a student	18479
entitled to attend school in the school district under section	18480
3313.64 or 3313.65 of the Revised Code.	18481

The(B) Except as provided in section 3314.091 of the	18482
Revised Code, the board of education of each city, local, and	18483
exempted village school district shall provide transportation to	18484
and from school for its district's native students enrolled in a	18485
community school located in that district or another district on	18486
the same basis that it provides transportation for its native	18487
students enrolled in schools to which they are assigned by the	18488
board of education at the same grade level and who live the same	18489
distance from school except when, in the judgment of the board,	18490
confirmed by the state board of education, the transportation is	18491
unnecessary or unreasonable. A board shall not be required to	18492
transport nonhandicapped students to and from a community school	18493
located in another school district if the transportation would	18494
require more than thirty minutes of direct travel time as measured	18495
by school bus from the collection point designated by the	18496
district's coordinator of school transportation.	18497

(C) Where it is impractical to transport a pupil to and from	18498
a community school by school conveyance, a board may, in lieu of	18499
providing the transportation, pay a parent, guardian, or other	18500
person in charge of the child. The amount paid per pupil shall in	18501
no event exceed the average transportation cost per pupil, which	18502
shall be based on the cost of transportation of children by all	18503
boards of education in this state during the next preceding year.	18504

(D) The daily and annual instructional schedules of a	18505
community school are the sole responsibility of the community	18506
school's governing authority, and are subject only to the	18507
requirements of this chapter and the governing authority's	18508
contract with its sponsor. Each school district board of	18509
education that is required to provide transportation for community	18510
school students under this section shall provide the	18511
transportation in accordance with those schedules so that students	18512
may be present on time and at all times that the community school	18513
is open for instruction.	18514

Sec. 3314.091. (A) A school district is not required to	18515
provide transportation for any native student enrolled in a	18516
community school if the district board of education has entered	18517
into an agreement with the community school's governing authority	18518
that designates the community school as responsible for providing	18519
or arranging for the transportation of the district's native	18520
students to and from the community school. For any such agreement	18521
to be effective, it must be certified by the superintendent of	18522
public instruction as having met both of the following	18523
requirements:	18524

(1) It is submitted to the department of education by a	18525
deadline which shall be established by the department.	18526

(2) It specifies qualifications, such as residing a minimum	18527
distance from the school, for students to have their	18528
transportation provided or arranged.	18529

(B)(1) A community school governing board that enters into	18530
an agreement to provide transportation under this section shall	18531
provide or arrange transportation free of any charge for each of	18532
its enrolled students in grades kindergarten through eight who	18533
live more than two miles from the school, except that the	18534
governing board may make a payment in lieu of providing	18535
transportation to the parent, guardian, or person in charge of the	18536
student at the same rate as specified for a school district board	18537
in division (C) of section 3314.09 of the Revised Code if the	18538
drive time measured by the vehicle specified by the school for	18539
transporting the students from the student's residence to the	18540
school is more than thirty minutes. The governing board may	18541
provide or arrange transportation for any other enrolled student	18542
and may charge a fee for such service. The governing board may	18543
request the payment specified under division (C) of this section	18544
for any student it transports, for whom it arranges	18545
transportation, or for whom it makes a payment in lieu of	18546
providing transportation if the student lives more than one mile	18547
from the community school or is disabled and the individual	18548
education program requires transportation.	18549

(2) Notwithstanding anything to the contrary in division	18550
(B)(1) of this section, a community school governing board shall	18551
provide or arrange transportation free of any charge for any	18552
disabled student enrolled in the school for whom the student's	18553
individualized education program developed under Chapter 3323. of	18554
the Revised Code specifies transportation.	18555

(C)(1) If a school district board and a community school	18556
governing authority elect to enter into an agreement under this	18557
section, the department of education annually shall pay the	18558
community school the amount specified in division (C)(2) of this	18559
section for each of the enrolled students for whom the school's	18560
governing authority provides or arranges transportation to and	18561
from school. The department shall deduct the payment from the	18562
state payment under Chapter 3317. and, if necessary, sections	18563
321.14 and 323.156 of the Revised Code that is otherwise paid to	18564
the school district in which the student enrolled in the community	18565
school resides. The department shall include the number of the	18566
district's native students for whom payment is made to a community	18567
school under this division in the calculation of the district's	18568
transportation payment under division (D) of section 3317.022 of	18569
the Revised Code.	18570

A community school shall be paid under this division only for	18571
students who live more than one mile from the school or who are	18572
disabled and whose individualized education program requires	18573
transportation and whose transportation to and from school is	18574
actually provided or arranged or for whom a payment in lieu of	18575
transportation is made by the community school's governing	18576
authority. To qualify for the payments, the community school	18577
shall report to the department, in the form and manner required	18578
by the department, data on the number of students transported or	18579
whose transportation is arranged, the number of miles traveled,	18580
cost to transport, and any other information requested by the	18581
department.	18582

A community school shall use payments received under this	18583
division solely to pay the costs of providing or arranging for the	18584
transportation of students who live more than one mile from the	18585
school or who are disabled and whose individualized education	18586
program requires transportation, which may include payments to a	18587
parent, guardian, or other person in charge of a child in lieu of	18588
transportation.	18589

(2) The payment to a community school governing authority	18590
under this section for each student who lives more than one mile	18591
from the school or who is disabled and whose individualized	18592
education program requires transportation and for whom the school	18593
actually provides or arranges transportation or makes a payment in	18594
lieu of providing transportation, shall be made according to the	18595
following schedule:	18596

(a) In fiscal year 2002, four-hundred fifty dollars per	18597
student;	18598

(b) In fiscal year 2003 and every fiscal year thereafter,	18599
the amount specified in division (C)(2)(a) of this section	18600
multiplied by the negative or positive percentage of change	18601
reported in the consumer price index (all urban consumers,	18602
transportation) by the bureau of labor statistics of the United	18603
States department of labor from the beginning of the calendar year	18604
that ended just prior to the beginning of the fiscal year to the	18605
end of that calendar year.	18606

(D) Except when arranged through payment to a parent,	18607
guardian, or person in charge of a child, transportation provided	18608
or arranged for by a community school pursuant to an agreement	18609
under this section is subject to all provisions of the Revised	18610
Code, and all rules adopted under the Revised Code, pertaining to	18611
the construction, design, equipment, and operation of school buses	18612
and other vehicles transporting students to and from school. The	18613
drivers and mechanics of the vehicles are subject to all	18614
provisions of the Revised Code, and all rules adopted under the	18615
Revised Code, pertaining to drivers and mechanics of such	18616
vehicles. The community school also shall comply with sections	18617
3313.201, 3327.09, and 3327.10 and division (B) of section 3327.16	18618
of the Revised Code as if it were a school district. For purposes	18619
of complying with section 3327.10 of the Revised Code, the	18620
educational service center that serves the county in which the	18621
community school is located shall be the certifying agency, unless	18622
the agreement designates the school district as the certifying	18623
agency.	18624

Sec. 3316.20.  (A)(1) The school district solvency	18625
assistance fund is hereby created in the state treasury, to	18626
consist of such amounts designated for the purposes of the fund by	18627
the general assembly. The fund shall be used to provide	18628
assistance and grants to school districts to enable them to remain	18629
solvent and to pay unforseeable expenses of a temporary or	18630
emergency nature that they are unable to pay from existing	18631
resources.	18632

(2) There is hereby created within the fund an account known	18633
as the school district shared resource account, which shall	18634
consist of money appropriated to it by the general assembly. The	18635
money in the account shall be used solely for solvency assistance	18636
to school districts that have been declared under division (B)(1)	18637
or (5) of section 3316.03 of the Revised Code to be in a state of	18638
fiscal emergency because of a certified operating deficit	18639
exceeding ten per cent.	18640

(3) There is hereby created within the fund an account known	18641
as the catastrophic expenditures account, which shall consist of	18642
money appropriated to the account by the general assembly plus all	18643
investment earnings of the fund. Money in the account shall be	18644
used solely for the following:	18645

(a) Solvency assistance to school districts that have been	18646
declared under division (B)(1) or (5) of section 3316.03 of the	18647
Revised Code to be in a state of fiscal emergency because of a	18648
certified operating deficit exceeding ten per cent, in the event	18649
that all money in the shared resource account is utilized for	18650
solvency assistance;	18651

(b) Grants to school districts under division (C) of this	18652
section.	18653

(B) Solvency assistance payments under division (A)(2) or	18654
(3)(a) of this section shall be made from the fund by the	18655
superintendent of public instruction in accordance with rules	18656
adopted by the director of budget and management, after	18657
consulting with the superintendent, specifying approval criteria	18658
and procedures necessary for administering the fund.	18659

The fund shall be reimbursed for any solvency assistance	18660
amounts paid under division (A)(2) or (3)(a) of this section not	18661
later than the end of the second fiscal year following the fiscal	18662
year in which the solvency assistance payment was made. If not	18663
made directly by the school district, such reimbursement shall be	18664
made by the director of budget and management from the amounts the	18665
school district would otherwise receive pursuant to sections	18666
3317.022 to 3317.025 of the Revised Code, or from any other funds	18667
appropriated for the district by the general assembly.	18668
Reimbursements shall be credited to the respective account from	18669
which the solvency assistance paid to the district was deducted.	18670

(C) The superintendent of public instruction may make	18671
recommendations, and the controlling board may grant money from	18672
the catastrophic expenditures account to any school district that	18673
suffers an unforeseen catastrophic event that severely depletes	18674
the district's financial resources. The superintendent shall make	18675
recommendations for the grants in accordance with rules adopted by	18676
the director of budget and management after consulting with the	18677
superintendent. A school district shall not be required to repay	18678
any grant awarded to the district under this division unless the	18679
district receives money from a third party, including an agency of	18680
the government of the United States, specifically for the purpose	18681
of compensating the district for expenses incurred as a result of	18682
the unforeseen catastrophic event.	18683

Sec. 3317.01.  As used in this section and section 3317.011	18684
of the Revised Code, "school district," unless otherwise	18685
specified, means any city, local, exempted village, joint	18686
vocational, or cooperative education school district and any	18687
educational service center.	18688

This chapter shall be administered by the state board of	18689
education. The superintendent of public instruction shall	18690
calculate the amounts payable to each school district and shall	18691
certify the amounts payable to each eligible district to the	18692
treasurer of the district as provided by this chapter. No moneys	18693
shall be distributed pursuant to this chapter without the approval	18694
of the controlling board.	18695

The state board of education shall, in accordance with	18696
appropriations made by the general assembly, meet the financial	18697
obligations of this chapter.	18698

Annually, the department of education shall calculate and	18699
report to each school district the district's total state and	18700
local funds for providing an adequate basic education to the	18701
district's nonhandicapped students, utilizing the determination in	18702
section 3317.012 of the Revised Code. In addition, the department	18703
shall calculate and report separately for each school district the	18704
district's total state and local funds for providing an adequate	18705
education for its handicapped students, utilizing the	18706
determinations in both sections 3317.012 and 3317.013 of the	18707
Revised Code.	18708

Not later than the thirty-first day of August of each fiscal	18709
year, the department of education shall provide to each school	18710
district and county MR/DD board a preliminary estimate of the	18711
amount of funding that the department calculates the district will	18712
receive under each of divisions (C)(1) and (5)(4) of section	18713
3317.022 of the Revised Code. No later than the first day of	18714
December of each fiscal year, the department shall update that	18715
preliminary estimate.	18716

Moneys distributed pursuant to this chapter shall be	18717
calculated and paid on a fiscal year basis, beginning with the	18718
first day of July and extending through the thirtieth day of June.	18719
The moneys appropriated for each fiscal year shall be distributed	18720
at least monthly to each school district unless otherwise provided	18721
for. The state board shall submit a yearly distribution plan to	18722
the controlling board at its first meeting in July. The state	18723
board shall submit any proposed midyear revision of the plan to	18724
the controlling board in January. Any year-end revision of the	18725
plan shall be submitted to the controlling board in June. If	18726
moneys appropriated for each fiscal year are distributed other	18727
than monthly, such distribution shall be on the same basis for	18728
each school district.	18729

The total amounts paid each month shall constitute, as nearly	18730
as possible, one-twelfth of the total amount payable for the	18731
entire year. Payments made during the first six months of the	18732
fiscal year may be based on an estimate of the amounts payable for	18733
the entire year. Payments made in the last six months shall be	18734
based on the final calculation of the amounts payable to each	18735
school district for that fiscal year. Payments made in the last	18736
six months may be adjusted, if necessary, to correct the amounts	18737
distributed in the first six months, and to reflect enrollment	18738
increases when such are at least three per cent. Except as	18739
otherwise provided, payments under this chapter shall be made only	18740
to those school districts in which:	18741

(A) The school district, except for any educational service	18742
center and any joint vocational or cooperative education school	18743
district, levies for current operating expenses at least twenty	18744
mills. Levies for joint vocational or cooperative education	18745
school districts or county school financing districts, limited to	18746
or to the extent apportioned to current expenses, shall be	18747
included in this qualification requirement. School district	18748
income tax levies under Chapter 5748. of the Revised Code, limited	18749
to or to the extent apportioned to current operating expenses,	18750
shall be included in this qualification requirement to the extent	18751
determined by the tax commissioner under division (D) of section	18752
3317.021 of the Revised Code.	18753

(B) The school year next preceding the fiscal year for which	18754
such payments are authorized meets the requirement of section	18755
3313.48 or 3313.481 of the Revised Code, with regard to the	18756
minimum number of days or hours school must be open for	18757
instruction with pupils in attendance, for individualized	18758
parent-teacher conference and reporting periods, and for	18759
professional meetings of teachers. This requirement shall be	18760
waived by the superintendent of public instruction if it had been	18761
necessary for a school to be closed because of disease epidemic,	18762
hazardous weather conditions, inoperability of school buses or	18763
other equipment necessary to the school's operation, damage to a	18764
school building, or other temporary circumstances due to utility	18765
failure rendering the school building unfit for school use,	18766
provided that for those school districts operating pursuant to	18767
section 3313.48 of the Revised Code the number of days the school	18768
was actually open for instruction with pupils in attendance and	18769
for individualized parent-teacher conference and reporting periods	18770
is not less than one hundred seventy-five, or for those school	18771
districts operating on a trimester plan the number of days the	18772
school was actually open for instruction with pupils in attendance	18773
not less than seventy-nine days in any trimester, for those school	18774
districts operating on a quarterly plan the number of days the	18775
school was actually open for instruction with pupils in attendance	18776
not less than fifty-nine days in any quarter, or for those school	18777
districts operating on a pentamester plan the number of days the	18778
school was actually open for instruction with pupils in attendance	18779
not less than forty-four days in any pentamester.	18780

A school district shall not be considered to have failed to	18781
comply with this division or section 3313.481 of the Revised Code	18782
because schools were open for instruction but either twelfth grade	18783
students were excused from attendance for up to three days or only	18784
a portion of the kindergarten students were in attendance for up	18785
to three days in order to allow for the gradual orientation to	18786
school of such students.	18787

The superintendent of public instruction shall waive the	18788
requirements of this section with reference to the minimum number	18789
of days or hours school must be in session with pupils in	18790
attendance for the school year succeeding the school year in which	18791
a board of education initiates a plan of operation pursuant to	18792
section 3313.481 of the Revised Code. The minimum requirements of	18793
this section shall again be applicable to such a district	18794
beginning with the school year commencing the second July	18795
succeeding the initiation of one such plan, and for each school	18796
year thereafter.	18797

A school district shall not be considered to have failed to	18798
comply with this division or section 3313.48 or 3313.481 of the	18799
Revised Code because schools were open for instruction but the	18800
length of the regularly scheduled school day, for any number of	18801
days during the school year, was reduced by not more than two	18802
hours due to hazardous weather conditions.	18803

(C) The school district has on file, and is paying in	18804
accordance with, a teachers' salary schedule which complies with	18805
section 3317.13 of the Revised Code.	18806

A board of education or governing board of an educational	18807
service center which has not conformed with other law and the	18808
rules pursuant thereto, shall not participate in the distribution	18809
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	18810
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	18811
and sufficient reason established to the satisfaction of the state	18812
board of education and the state controlling board.	18813

All funds allocated to school districts under this chapter,	18814
except those specifically allocated for other purposes, shall be	18815
used to pay current operating expenses only.	18816

Sec. 3317.012.  (A)(1) The general assembly, having analyzed	18817
school district expenditure and cost data for fiscal year 1996	18818
1999, performed the calculation described in division (B) of this	18819
section, and adjusted the results for inflation, and added the	18820
amounts described in division (A)(2) of this section, hereby	18821
determines that the base cost of an adequate education per pupil	18822
for the fiscal year beginning July 1, 19982001, is $4,063$4,814.	18823
For the five following fiscal years, the base cost per pupil for	18824
each of those years, reflecting an annual rate of inflation of two	18825
and eight-tenths per cent, is $4,177$4,949 for fiscal year 2000	18826
2003, $4,294$5,088 for fiscal year 20012004, $4,414$5,230 for	18827
fiscal year 20022005, $4,538$5,376 for fiscal year 20032006,	18828
and $4,665$5,527 for fiscal year 20042007.	18829

(2) The base cost per pupil amounts specified in division	18830
(A)(1) of this section include amounts to reflect the cost to	18831
school districts of increasing the minimum number of high school	18832
academic units required for graduation beginning September 15,	18833
2001, under section 3313.603 of the Revised Code. Analysis of	18834
fiscal year 1999 data revealed that the school districts meeting	18835
the requirements of division (B) of this section on average	18836
required high school students to complete a minimum of nineteen	18837
and eight-tenths units to graduate. The general assembly	18838
determines that the cost of funding the additional two-tenths unit	18839
required by section 3313.603 of the Revised Code is $12 per pupil	18840
in fiscal year 2002. This amount was added after the calculation	18841
described in division (B) of this section and the adjustment for	18842
inflation from fiscal year 1999 to fiscal year 2002. It is this	18843
total amount, the calculated base cost plus the supplement to pay	18844
for the additional partial unit, that constitutes the base cost	18845
amount specified in division (A)(1) of this section for fiscal	18846
year 2002 and that is inflated to produce the base cost amounts	18847
for fiscal years 2003 through 2007.	18848

(B) In determining the base cost stated in division (A) of	18849
this section, capital and debt costs, costs paid for by federal	18850
funds, and costs covered by funds provided pursuant to sections	18851
3317.023 and 3317.024 of the Revised Code as they existed prior to	18852
July 1, 1998, for disadvantaged pupil impact aid and	18853
transportation were excluded, as were the effects on the	18854
districts' state funds of the application of the	18855
cost-of-doing-business factors, assuming an eighteena seven and	18856
one-half per cent variance.	18857

The base cost for fiscal year 19961999 was calculated as the	18858
unweighted average cost per student, on a school district basis,	18859
of educating students who were not receiving vocational education	18860
or services pursuant to Chapter 3323. of the Revised Code and who	18861
were enrolled in a city, exempted village, or local school	18862
district that in fiscal year 19941999 met all of the following	18863
criteria:	18864

(1) The district met at least all but onetwenty of the	18865
following twenty-seven performance standards:	18866

(a) A threeninety per cent or lower dropouthigher	18867
graduation rate;	18868

(b) At least seventy-five per cent of fourth graders	18869
proficient on the mathematics test prescribed under division	18870
(A)(1) of section 3301.0710 of the Revised Code;	18871

(c) At least seventy-five per cent of fourth graders	18872
proficient on the reading test prescribed under division (A)(1) of	18873
section 3301.0710 of the Revised Code;	18874

(d) At least seventy-five per cent of fourth graders	18875
proficient on the writing test prescribed under division (A)(1) of	18876
section 3301.0710 of the Revised Code;	18877

(e) At least seventy-five per cent of fourth graders	18878
proficient on the citizenship test prescribed under division	18879
(A)(1) of section 3301.0710 of the Revised Code;	18880

(f) At least seventy-five per cent of fourth graders	18881
proficient on the science test prescribed under division (A)(1) of	18882
section 3301.0710 of the Revised Code;	18883

(g) At least seventy-five per cent of sixth graders	18884
proficient on the mathematics test prescribed under division	18885
(A)(2) of section 3301.0710 of the Revised Code;	18886

(h) At least seventy-five per cent of sixth graders	18887
proficient on the reading test prescribed under division (A)(2) of	18888
section 3301.0710 of the Revised Code;	18889

(i) At least seventy-five per cent of sixth graders	18890
proficient on the writing test prescribed under division (A)(2) of	18891
section 3301.0710 of the Revised Code;	18892

(j) At least seventy-five per cent of sixth graders	18893
proficient on the citizenship test prescribed under division	18894
(A)(2) of section 3301.0710 of the Revised Code;	18895

(k) At least seventy-five per cent of sixth graders	18896
proficient on the science test prescribed under division (A)(2) of	18897
section 3301.0710 of the Revised Code;	18898

(l) At least seventy-five per cent of ninth graders	18899
proficient on the mathematics test prescribed under former	18900
division (B) of section 3301.0710 of the Revised CodeSection 4 of	18901
Am. Sub. S.B. 55 of the 122nd general assembly;	18902

(g)(m) At least seventy-five per cent of ninth graders	18903
proficient on the reading test prescribed under former division	18904
(B) of section 3301.0710 of the Revised CodeSection 4 of Am. Sub.	18905
S.B. 55 of the 122nd general assembly;	18906

(h)(n) At least seventy-five per cent of ninth graders	18907
proficient on the writing test prescribed under former division	18908
(B) of section 3301.0710 of the Revised CodeSection 4 of Am. Sub.	18909
S.B. 55 of the 122nd general assembly;	18910

(i)(o) At least seventy-five per cent of ninth graders	18911
proficient on the citizenship test prescribed under former	18912
division (B) of section 3301.0710 of the Revised CodeSection 4 of	18913
Am. Sub. S.B. 55 of the 122nd general assembly;	18914

(j)(p) At least seventy-five per cent of ninth graders	18915
proficient on the science test prescribed under Section 4 of Am.	18916
Sub. S.B. 55 of the 122nd general assembly;	18917

(q) At least eighty-five per cent of tenth graders proficient	18918
on the mathematics test prescribed under former division (B) of	18919
section 3301.0710 of the Revised CodeSection 4 of Am. Sub. S.B.	18920
55 of the 122nd general assembly;	18921

(k)(r) At least eighty-five per cent of tenth graders	18922
proficient on the reading test prescribed under former division	18923
(B) of section 3301.0710 of the Revised CodeSection 4 of Am. Sub.	18924
S.B. 55 of the 122nd general assembly;	18925

(l)(s) At least eighty-five per cent of tenth graders	18926
proficient on the writing test prescribed under former division	18927
(B) of section 3301.0710 of the Revised CodeSection 4 of Am. Sub.	18928
S.B. 55 of the 122nd general assembly;	18929

(m)(t) At least eighty-five per cent of tenth graders	18930
proficient on the citizenship test prescribed under former	18931
division (B) of section 3301.0710 of the Revised CodeSection 4 of	18932
Am. Sub. S.B. 55 of the 122nd general assembly;	18933

(n)(u) At least eighty-five per cent of tenth graders	18934
proficient on the science test prescribed under Section 4 of Am.	18935
Sub. S.B. 55 of the 122nd general assembly;	18936

(v) At least sixty per cent of twelfth graders proficient on	18937
the mathematics test prescribed under division (A)(3) of section	18938
3301.0710 of the Revised Code;	18939

(o)(w) At least sixty per cent of twelfth graders proficient	18940
on the reading test prescribed under division (A)(3) of section	18941
3301.0710 of the Revised Code;	18942

(p)(x) At least sixty per cent of twelfth graders proficient	18943
on the writing test prescribed under division (A)(3) of section	18944
3301.0710 of the Revised Code;	18945

(q)(y) At least sixty per cent of twelfth graders proficient	18946
on the citizenship test prescribed under division (A)(3) of	18947
section 3301.0710 of the Revised Code;	18948

(r)(z) At least sixty per cent of twelfth graders proficient	18949
on the science test prescribed under division (A)(3) of section	18950
3301.0710 of the Revised Code;	18951

(aa) An attendance rate for the year of at least	18952
ninety-three per cent as defined in section 3302.01 of the Revised	18953
Code.	18954

In determining whether a school district met any of the	18955
performance standards specified in divisions (B)(1)(a) to (aa) of	18956
this section, the general assembly used a rounding procedure	18957
previously recommended by the department of education. It is the	18958
same rounding procedure the general assembly used in 1998 to	18959
determine whether a district had met the standards of former	18960
divisions (B)(1)(a) to (r) of this section for purposes of	18961
constructing the previous model based on fiscal year 1996 data.	18962

(2) The district was not among the tenfive per cent of all	18963
districts with the highest income factors, as defined in section	18964
3317.02 of the Revised Code, nor among the tenfive per cent of	18965
all districts with the lowest income factors.	18966

(3) The district was not among the five per cent of all	18967
districts with the highest valuation per pupil in ADM, as reported	18968
under division (A) of section 3317.03 of the Revised Code as it	18969
existed prior to July 1, 1998, nor among the five per cent of all	18970
districts with the lowest valuation per pupil.	18971

This model for calculating the base cost of an adequate	18972
education is expenditure-based. The general assembly recognizes	18973
that increases in state funding to school districts since fiscal	18974
year 1996, the fiscal year upon which the general assembly based	18975
its model for calculating state funding to school districts for	18976
fiscal years 1999 through 2001, has increased school district base	18977
cost expenditures for fiscal year 1999, the fiscal year upon which	18978
the general assembly based its model for calculating state funding	18979
for fiscal years 2002 through 2007. In the case of school	18980
districts included in the fiscal year 1999 model that also had met	18981
the fiscal year 1996 performance criteria of former division	18982
(B)(1) of this section, the increased state funding may have	18983
driven the districts' expenditures beyond the expenditures that	18984
were actually needed to maintain their educational programs at the	18985
level necessary to maintain their ability to meet the fiscal year	18986
1999 performance criteria of current division (B)(1) of this	18987
section. The general assembly has determined to control for this	18988
effect by stipulating in the later model that the fiscal year 1999	18989
base cost expenditures of the districts that also met the	18990
performance criteria of former division (B)(1) of this section	18991
equals their base cost expenditures per pupil for fiscal year	18992
1996, inflated to fiscal year 1999 using an annual rate of	18993
inflation of two and eight-tenths per cent. However, if this	18994
inflated amount exceeded the district's actual fiscal year 1999	18995
base cost expenditures per pupil, the district's actual fiscal	18996
year 1999 base cost expenditures per pupil were used in the	18997
calculation. For districts in the 1999 model that did not also	18998
meet the performance criteria of former division (B)(1) of this	18999
section, the actual 1999 base cost per pupil expenditures were	19000
used in the calculation of the average district per pupil costs of	19001
the model districts.	19002

(C) In July of 20002005, and in July of every six years	19003
thereafter, the speaker of the house of representatives and the	19004
president of the senate shall each appoint three members to a	19005
committee to reexamine the cost of an adequate education. No more	19006
than two members from any political party shall represent each	19007
house. The director of budget and management and the	19008
superintendent of public instruction shall serve as nonvoting ex	19009
officio members of the committee.	19010

The committee shall select a rational methodology for	19011
calculating the costs of an adequate education system for the	19012
ensuing six-year period, and shall report the methodology and the	19013
resulting costs to the general assembly. In performing its	19014
function, the committee is not bound by any method used by	19015
previous general assemblies to examine and calculate costs and	19016
instead may utilize any rational method it deems suitable and	19017
reasonable given the educational needs and requirements of the	19018
state at that time.	19019

The methodology for determining the cost of an adequate	19020
education system shall take into account the basic educational	19021
costs that all districts incur in educating regular students, the	19022
unique needs of special categories of students, and significant	19023
special conditions encountered by certain classifications of	19024
school districts.	19025

The committee also shall redetermine, for purposes of	19026
updating the parity aid calculation under section 3317.0217 of the	19027
Revised Code, the average number of effective operating mills that	19028
school districts in the seventieth to ninetieth percentiles of	19029
valuations per pupil collect above the revenues required to	19030
finance their attributed local shares of the calculated cost of an	19031
adequate education.	19032

Any committee appointed pursuant to this section shall make	19033
its report to the office of budget and management and the general	19034
assembly within six monthsone year of its appointment so that the	19035
information is available for use by the office and the general	19036
assembly in preparing the next biennial appropriations act.	19037

(D)(1) For purposes of this division, an "update year" is	19038
the first fiscal year for which the per pupil base cost of an	19039
adequate education is in effect after being recalculated by the	19040
general assembly. The first update year is fiscal year 2002. The	19041
second update year is fiscal year 2008.	19042

(2) The general assembly shall recalculate the per pupil	19043
base cost of an adequate education every six years after	19044
considering the recommendations of the committee appointed under	19045
division (C) of this section. At the time of the recalculation,	19046
for each of the five fiscal years following the update year, the	19047
general assembly shall adjust the base cost recalculated for the	19048
update year using an annual rate of inflation that the general	19049
assembly determines appropriate.	19050

(3) The general assembly shall include, in the act	19051
appropriating state funds for education programs for a fiscal	19052
biennium that begins with an update year, a statement of its	19053
determination of the total state share percentage of base cost and	19054
parity aid funding for the update year.	19055

(4) During its biennial budget deliberations, the general	19056
assembly shall determine the total state share percentage of base	19057
cost and parity aid funding for each fiscal year of the upcoming	19058
biennium. This determination shall be based on the latest	19059
projections and data provided by the department of education under	19060
division (D)(6) of this section prior to the enactment of	19061
education appropriations for the upcoming biennium. If, based on	19062
those latest projections and data, the general assembly determines	19063
that the total state share percentage for either or both nonupdate	19064
fiscal years varies more than two and one-half percentage points	19065
more or less than the total state share percentage for the most	19066
recent update year, as previously stated by the general assembly	19067
under division (D)(3) of this section, the general assembly shall	19068
determine and enact a method that it considers appropriate to	19069
restrict the estimated variance for each year to within two and	19070
one-half percentage points. The general assembly's methods may	19071
include, but are not required to include and need not be limited	19072
to, reexamining the rate of millage charged off as the local share	19073
of base cost funding under divisions (A)(1) and (2) of section	19074
3317.022 of the Revised Code. Regardless of any changes in	19075
charge-off millage rates in years between update years, however,	19076
the charge-off millage rate for update years shall be twenty-three	19077
mills, unless the general assembly determines that a different	19078
millage rate is more appropriate to share the total calculated	19079
base cost between the state and school districts.	19080

(5) The total state share percentage of base cost and parity	19081
aid funding for any fiscal year is calculated as follows: [(Total state base cost + total state parity aid funding) - 19082 statewide charge-off amount] / (Total state base cost + total 19083 state parity aid funding) 19084

Where:

19086

(a) The total state base cost equals the sum of the base	19087
costs for all school districts for the fiscal year.	19088

(b) The base cost for each school district equals:

19089

formula amount X cost-of-doing-business factor X

19090

the greater of formula ADM or

19091

three-year average formula ADM

19092

(c) The total state parity aid funding equals the sum of the	19093
amounts paid to all school districts for the fiscal year under	19094
section 3317.0217 of the Revised Code.	19095

(d) The statewide charge-off amount equals the sum of the	19096
charge-off amounts for all school districts.	19097

(e) The charge-off amount for each school district is the	19098
amount calculated as its local share of base cost funding and	19099
deducted from the total calculated base cost to determine the	19100
amount of its state payment under divisions (A)(1) and (2) of	19101
section 3317.022 of the Revised Code. The charge-off amount for	19102
each school district in fiscal year 2002 is the product of	19103
twenty-three mills multiplied by the district's recognized	19104
valuation as adjusted, if applicable, under division (A)(2) of	19105
section 3317.022 of the Revised Code. If however, in any fiscal	19106
year, including fiscal year 2002, a school district's calculated	19107
charge-off amount exceeds its base cost calculated as described in	19108
division (D)(5)(b) of this section, the district's charge-off	19109
amount shall be deemed to equal its calculated base cost.	19110

(6) Whenever requested by the chairperson of the standing	19111
committee of the house or representatives or the senate having	19112
primary jurisdiction over appropriations, the legislative budget	19113
officer, or the director of budget and management, the department	19114
of education shall report its latest projections for total base	19115
cost, total parity aid funding, and the statewide charge-off	19116
amount, as those terms are defined in division (D)(5) of this	19117
section, for each year of the upcoming fiscal biennium, and all	19118
data it used to make the projections.	19119

Sec. 3317.013.  This section does not apply to handicapped	19120
preschool students.	19121

Analysis of special education cost data has resulted in a	19122
finding that the average special education additional cost per	19123
pupil, including the costs of related services, can be expressed	19124
as a multiple of the base cost per pupil calculated under section	19125
3317.012 of the Revised Code. The multiples for the following	19126
categories of special education programs, as these programs are	19127
defined for purposes of Chapter 3323. of the Revised Code, and	19128
adjusted as provided in this section, are as follows:	19129

(A) A multiple of 0.2892 for students whose primary or only	19130
identified handicap is a speech and language handicap, as this	19131
term is defined pursuant to Chapter 3323. of the Revised Code;	19132

(B) A multiple of 0.220.3691 for students identified as	19133
specific learning disabled, other health handicapped, or	19134
developmentally handicapped, as these terms are defined pursuant	19135
to Chapter 3323. of the Revised Code, or other health	19136
handicapped-minor;	19137

(B)(C) A multiple of 3.011.7695 for students identified as	19138
hearing handicapped, orthopedically handicapped, vision impaired,	19139
multihandicapped, andor severe behavior handicapped, as these	19140
terms are defined pursuant to Chapter 3323. of the Revised Code;	19141

(D) A multiple of 2.3646 for students identified as	19142
orthopedically handicapped, as this term is defined pursuant to	19143
Chapter 3323. of the Revised Code or other health handicapped -	19144
major;	19145

(E) A multiple of 3.1129 for students identified as	19146
multihandicapped, as this term is defined pursuant to Chapter	19147
3323. of the Revised Code;	19148

(F) A multiple of 4.7342 for students identified as	19149
autistic, having traumatic brain injuries, or as both visually	19150
and hearing disabled, as these terms are defined pursuant to	19151
Chapter 3323. of the Revised Code.	19152

Further analysis indicates that approximately one-eighth of	19153
the total costs of serving special education students consists of	19154
the furnishing of the related services specified in division	19155
(B)(3) of section 3317.022 of the Revised Code.	19156

In fiscal year 2002, the multiples specified in divisions (A)	19157
to (F) of this section shall be adjusted by multiplying them by	19158
0.825. In fiscal year 2003, the multiples specified in those	19159
divisions shall be adjusted by multiplying them by 0.875.	19160

Sec. 3317.014.  The average vocational education additional	19161
cost per pupil can be expressed as a multiple of the base cost per	19162
pupil calculated under section 3317.012 of the Revised Code. the	19163
multiples for the following categories of vocational education	19164
programs are as follows:	19165

(A) A multiple of 0.600.57 for students enrolled in	19166
vocational education job-training and workforce development	19167
programs approved by the department of education in accordance	19168
with rules adopted under section 3313.90 of the Revised Code.	19169

(B) A multiple of 0.300.28 for students enrolled in	19170
vocational education classes other than job-training and workforce	19171
development programs.	19172

Vocational education associated services costs can be	19173
expressed as a multiple of 0.05 of the base cost per pupil	19174
calculated under section 3317.012 of the Revised Code.	19175

The general assembly has adjusted the multiples specified in	19176
this section for calculating payments beginning in fiscal year	19177
2002 in recognition that its policy change regarding the	19178
application of the cost-of-doing-business factor produces a higher	19179
base cost amount than would exist if no change were made to its	19180
application. The adjustment maintains the same weighted costs as	19181
would exist if no change were made to the application of the	19182
cost-of-doing-business factor.	19183

Sec. 3317.02.  As used in this chapter:

19184

(A) Unless otherwise specified, "school district" means	19185
city, local, and exempted village school districts.	19186

(B) "Formula amount" means the base cost for the fiscal year	19187
specified in section 3317.012 of the Revised Code, except that to	19188
allow for the orderly phase-in of the increased funding specified	19189
in that section, the formula amount for fiscal year 1999 shall be	19190
$3,851, and the formula amount for fiscal year 2000 shall be	19191
$4,052. Thereafter, the formula amount shall be as specified in	19192
that section.	19193

(C) "FTE basis" means a count of students based on full-time	19194
equivalency, in accordance with rules adopted by the department of	19195
education pursuant to section 3317.03 of the Revised Code. In	19196
adopting its rules under this division, the department shall	19197
provide for counting any student in category one, two, or three,	19198
four, five, or six special education ADM or in category one or two	19199
vocational education ADM in the same proportion the student is	19200
counted in formula ADM.	19201

(D)(1) "Formula ADM" means, for a city, local, or exempted	19202
village school district, the number reported pursuant to division	19203
(A) of section 3317.03 of the Revised Code, and for a joint	19204
vocational school district, the number reported pursuant to	19205
division (D) of that section.	19206

(2) "Three-year average formula ADM" means the average of	19207
formula ADMs for the current and preceding two fiscal years.	19208
However, as applicable in fiscal years 1999 and 2000, the	19209
three-year average for city, local, and exempted village school	19210
districts shall be determined utilizing the FY 1997 ADM or FY 1998	19211
ADM in lieu of formula ADM for fiscal year 1997 or 1998. In	19212
fiscal years 2000 and 2001, the three-year average for joint	19213
vocational school districts shall be determined utilizing the	19214
average daily membership reported in fiscal years 1998 and 1999	19215
under division (D) of section 3317.03 of the Revised Code in lieu	19216
of formula ADM for fiscal years 1998 and 1999.	19217

(E) "FY 1997 ADM" or "FY 1998 ADM" means the school	19218
district's average daily membership reported for the applicable	19219
fiscal year under the version of division (A) of section 3317.03	19220
of the Revised Code in effect during that fiscal year, adjusted as	19221
follows:	19222

(1) Minus the average daily membership of handicapped	19223
preschool children;	19224

(2) Minus one-half of the average daily membership attending	19225
kindergarten;	19226

(3) Minus three-fourths of the average daily membership	19227
attending a joint vocational school district;	19228

(4) Plus the average daily membership entitled under section	19229
3313.64 or 3313.65 of the Revised Code to attend school in the	19230
district but receiving educational services in approved units from	19231
an educational service center or another school district under a	19232
compact or a cooperative education agreement, as determined by the	19233
department;	19234

(5) Minus the average daily membership receiving educational	19235
services from the district in approved units but entitled under	19236
section 3313.64 or 3313.65 of the Revised Code to attend school in	19237
another school district, as determined by the department.	19238

(F)(1) "Category one special education ADM" means the average	19239
daily membership of handicapped children receiving special	19240
education services for those handicapsthe handicap specified in	19241
division (A) of section 3317.013 of the Revised Code and reported	19242
under division (B)(5) or (D)(2)(b) of section 3317.03 of the	19243
Revised Code.	19244

(2) "Category two special education ADM" means the average	19245
daily membership of handicapped children receiving special	19246
education services for those handicaps specified in division (B)	19247
of section 3317.013 of the Revised Code and reported under	19248
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	19249
Code.	19250

(3) "Category three special education ADM" means the average	19251
daily membership of students receiving special education services	19252
for students identified as autistic, having traumatic brain	19253
injuries, or as both visually and hearing disabled as these terms	19254
are defined pursuant to Chapter 3323.those handicaps specified in	19255
division (C) of section 3317.013 of the Revised Code, and reported	19256
under division (B)(7) or (D)(2)(d) of section 3317.03 of the	19257
Revised Code.	19258

(4) "Category four special education ADM" means the average	19259
daily membership of students receiving special education services	19260
for those handicaps specified in division (D) of section 3317.013	19261
of the Revised Code and reported under division (B)(8) or	19262
(D)(2)(e) of section 3317.03 of the Revised Code.	19263

(5) "Category five special education ADM" means the average	19264
daily membership of students receiving special education services	19265
for the handicap specified in division (E) of section 3317.013 of	19266
the Revised Code and reported under division (B)(9) or (D)(2)(f)	19267
of section 3317.03 of the Revised Code.	19268

(6) "Category six special education ADM" means the average	19269
daily membership of students receiving special education services	19270
for the handicap specified in division (F) of section 3317.013 of	19271
the Revised Code and reported under division (B)(10) or (D)(2)(g)	19272
of section 3317.03 of the Revised Code.	19273

(7) "Category one vocational education ADM" means the average	19274
daily membership of students receiving vocational education	19275
services described in division (A) of section 3317.014 of the	19276
Revised Code and reported under division (B)(8)(11) or	19277
(D)(2)(e)(h) of section 3317.03 of the Revised Code.	19278

(5)(8) "Category two vocational education ADM" means the	19279
average daily membership of students receiving vocational	19280
education services described in division (B) of section 3317.014	19281
of the Revised Code and reported under division (B)(9)(12) or	19282
(D)(2)(f)(i) of section 3317.03 of the Revised Code.	19283

(G) "Handicapped preschool child" means a handicapped child,	19284
as defined in section 3323.01 of the Revised Code, who is at least	19285
age three but is not of compulsory school age, as defined in	19286
section 3321.01 of the Revised Code, and who is not currently	19287
enrolled in kindergarten.	19288

(H) "County MR/DD board" means a county board of mental	19289
retardation and developmental disabilities.	19290

(I) "Recognized valuation" means the amount calculated for a	19291
school district pursuant to section 3317.015 of the Revised Code.	19292

(J) "Transportation ADM" means the number of children	19293
reported under division (B)(10)(13) of section 3317.03 of the	19294
Revised Code.	19295

(K) "Average efficient transportation use cost per student"	19296
means a statistical representation of transportation costs as	19297
calculated under division (D)(2) of section 3317.022 of the	19298
Revised Code.	19299

(L) "Taxes charged and payable" means the taxes charged and	19300
payable against real and public utility property after making the	19301
reduction required by section 319.301 of the Revised Code, plus	19302
the taxes levied against tangible personal property.	19303

(M) "Total taxable value" means the sum of the amounts	19304
certified for a city, local, exempted village, or joint vocational	19305
school district under divisions (A)(1) and (2) of section 3317.021	19306
of the Revised Code.	19307

(N)(1) "Cost-of-doing-business factor" means the amount	19308
indicated in this division for the county in which a city, local,	19309
exempted village, or joint vocational school district is located,	19310
adjusted in accordance with division (N)(2) of this section. If a	19311
city, local, or exempted village school district is located in	19312
more than one county, the factor is the amount indicated for the	19313
county to which the district is assigned by the state department	19314
of education. If a joint vocational school district is located in	19315
more than one county, the factor is the amount indicated for the	19316
county in which the joint vocational school with the greatest	19317
formula ADM operated by the district is located.	19318

(2) As used in this division, "multiplier" means the number	19409
for the corresponding fiscal year as follows:	19410

Beginning in fiscal year 1998, the department shall annually	19420
adjust the cost-of-doing-business factor for each county in	19421
accordance with the following formula:	19422

[(The cost-of-doing-business factor specified under

19423

division (N)(1) of this section - 1) X (the multiplier

19424

for the fiscal year of the calculation)] + 1

19425

The result of such formula shall be the adjusted	19426
cost-of-doing-business factor for that fiscal year.	19427

(O) "Tax exempt value" of a school district means the amount	19428
certified for a school district under division (A)(4) of section	19429
3317.021 of the Revised Code.	19430

(P) "Potential value" of a school district means the adjusted	19431
total taxable valuerecognized valuation of a school district plus	19432
the tax exempt value of the district.	19433

(Q) "District median income" means the median Ohio adjusted	19434
gross income certified for a school district. On or before the	19435
first day of July of each year, the tax commissioner shall certify	19436
to the department of education for each city, exempted village,	19437
and local school district the median Ohio adjusted gross income of	19438
the residents of the school district determined on the basis of	19439
tax returns filed for the second preceding tax year by the	19440
residents of the district.	19441

(R) "Statewide median income" means the median district	19442
median income of all city, exempted village, and local school	19443
districts in the state.	19444

(S) "Income factor" for a city, exempted village, or local	19445
school district means the quotient obtained by dividing that	19446
district's median income by the statewide median income.	19447

(T) Except as provided in division (B)(3) of section 3317.012	19448
of the Revised Code, "valuation per pupil" for a city, exempted	19449
village, or local school district means the district's recognized	19450
valuation divided by the greater of the district's formula ADM or	19451
three-year average formula ADM.	19452

(U) Except as provided in section 3317.0213 of the Revised	19453
Code, "adjusted valuation per pupil" means the amount calculated	19454
in accordance with the following formula:	19455

District valuation per pupil - [$60,000 X

19456

(1 - district income factor)]

19457

If the result of such formula is negative, the adjusted	19458
valuation per pupil shall be zero.	19459

(V) "Income adjusted valuation" means the product obtained by	19460
multiplying the school district's adjusted valuation per pupil by	19461
the greater of the district's formula ADM or three-year average	19462
formula ADM.	19463

(W) Except as provided in division (A)(2) of section	19464
3317.022 of the Revised Code, "adjusted total taxable value" means	19465
one of the following:	19466

(1) In any fiscal year that a school district's income	19467
factor is less than or equal to one, the amount calculated under	19468
the following formula:	19469

(Income adjusted valuation X multiple) +

19470

[recognized valuation X (1-multiple)]

19471

Where "multiple" means the number for the corresponding	19472
fiscal year as follows:	19473

(2) In fiscal year 1999, if a school district's income	19478
factor is greater than one, the amount calculated under the	19479
following formula:	19480

(Income adjusted valuation X 1/15)

19481

+ (recognized valuation X 14/15)

19482

Thereafter, the adjusted total taxable value of a district	19483
with an income factor greater than one shall be its recognized	19484
valuation"Medically fragile child" means a child to whom all of	19485
the following apply:	19486

(1) The child requires the services of a doctor of medicine	19487
or osteopathic medicine at least once a week due to the	19488
instability of the child's medical condition.	19489

(2) The child requires the services of a registered nurse	19490
on a daily basis.	19491

(3) The child is at risk of institutionalization in a	19492
hospital, skilled nursing facility, or intermediate care facility	19493
for the mentally retarded.	19494

(U) A child may be identified as "other health	19495
handicapped-major" if the child's condition meets the definition	19496
of "other health impaired" established in rules adopted by the	19497
state board of education prior to the effective date of this	19498
amendment and if either of the following apply:	19499

(1) The child is identified as having a medical condition	19500
that is among those listed by the superintendent of public	19501
instruction as conditions where a substantial majority of cases	19502
fall within the definition of "medically fragile child." The	19503
superintendent of public instruction shall issue an initial list	19504
no later than September 1, 2001.	19505

(2) The child is determined by the superintendent of public	19506
instruction to be a medically fragile child. A school district	19507
superintendent may petition the superintendent of public	19508
instruction for a determination that a child is a medically	19509
fragile child.	19510

(V) A child may be identified as "other health	19511
handicapped-minor" if the child's condition meets the definition	19512
of "other health impaired" established in rules adopted by the	19513
state board of education prior to the effective date of this	19514
amendment but the child's condition does not meet either of the	19515
conditions specified in division (U)(1) or (2) of this section.	19516

Sec. 3317.021.  (A) On or before the first day of June of	19517
each year, the tax commissioner shall certify to the department of	19518
education the following information for each city, exempted	19519
village, and local school district, and the information required	19520
by divisions (A)(1) and (2) of this section for each joint	19521
vocational school district, and it shall be used, along with the	19522
information certified under division (B) of this section, in	19523
making the computations for the district under sectionsections	19524
3317.022 and 3317.0217 or section 3317.16 of the Revised Code:	19525

(1) The taxable value of real and public utility real	19526
property in the school district subject to taxation in the	19527
preceding tax year, by class and by county of location;	19528

(2) The taxable value of tangible personal property,	19529
including public utility personal property, subject to taxation by	19530
the district for the preceding tax year;	19531

(3)(a) The total property tax rate and total taxes charged	19532
and payable for the current expenses for the preceding tax year	19533
and the total property tax rate and the total taxes charged and	19534
payable to a joint vocational district for the preceding tax year	19535
that are limited to or to the extent apportioned to current	19536
expenses;	19537

(b) The portion of the amount of taxes charged and payable	19538
reported for each city, local, and exempted village school	19539
district under division (A)(3)(a) of this section attributable to	19540
a joint vocational school district.	19541

(4) The value of all real and public utility real property	19542
in the school district exempted from taxation minus both of the	19543
following:	19544

(a) The value of real and public utility real property in	19545
the district owned by the United States government and used	19546
exclusively for a public purpose;	19547

(b) The value of real and public utility real property in	19548
the district exempted from taxation under Chapter 725. or 1728. or	19549
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	19550
5709.73, or 5709.78 of the Revised Code.	19551

(5) The total effective operating tax rate for the district	19552
in the tax year for which the most recent data are available	19553
federal adjusted gross income of the residents of the school	19554
district, based on tax returns filed by the residents of the	19555
district, for the most recent year for which this information is	19556
available.	19557

(B) On or before the first day of May each year, the tax	19558
commissioner shall certify to the department of education the	19559
total taxable real property value of railroads and, separately,	19560
the total taxable tangible personal property value of all public	19561
utilities for the preceding tax year, by school district and by	19562
county of location.	19563

(C) If a public utility has properly and timely filed a	19564
petition for reassessment under section 5727.47 of the Revised	19565
Code with respect to an assessment issued under section 5727.23 of	19566
the Revised Code affecting taxable property apportioned by the tax	19567
commissioner to a school district, the taxable value of public	19568
utility tangible personal property included in the certification	19569
under divisions (A)(2) and (B) of this section for the school	19570
district shall include only the amount of taxable value on the	19571
basis of which the public utility paid tax for the preceding year	19572
as provided in division (B)(1) or (2) of section 5727.47 of the	19573
Revised Code.	19574

(D) If on the basis of the information certified under	19575
division (A) of this section, the department determines that any	19576
district fails in any year to meet the qualification requirement	19577
specified in division (A) of section 3317.01 of the Revised Code,	19578
the department shall immediately request the tax commissioner to	19579
determine the extent to which any school district income tax	19580
levied by the district under Chapter 5748. of the Revised Code	19581
shall be included in meeting that requirement. Within five days	19582
of receiving such a request from the department, the tax	19583
commissioner shall make the determination required by this	19584
division and report the quotient obtained under division (D)(3) of	19585
this section to the department. This quotient represents the	19586
number of mills that the department shall include in determining	19587
whether the district meets the qualification requirement of	19588
division (A) of section 3317.01 of the Revised Code.	19589

The tax commissioner shall make the determination required by	19590
this division as follows:	19591

(1) Multiply one mill times the total taxable value of the	19592
district as determined in divisions (A)(1) and (2) of this	19593
section;	19594

(2) Estimate the total amount of tax liability for the	19595
current tax year under taxes levied by Chapter 5748. of the	19596
Revised Code that are apportioned to current operating expenses of	19597
the district;	19598

(3) Divide the amount estimated under division (D)(2) of	19599
this section by the product obtained under division (D)(1) of this	19600
section.	19601

(E) As used in this section:

19602

(1) "Class I taxes charged and payable for current expenses"	19603
means taxes charged and payable for current expenses on land and	19604
improvements classified as residential/agricultural real property	19605
under section 5713.041 of the Revised Code.	19606

(2) "Class I taxable value" means the taxable value of land	19607
and improvements classified as residential/agricultural real	19608
property under section 5713.041 of the Revised Code.	19609

(3) "Class I effective operating tax rate" of a school	19610
district means the quotient obtained by dividing the school	19611
district's Class I taxes charged and payable for current expenses	19612
by the district's Class I taxable value.	19613

(4) "Income tax equivalent tax rate" of a school district	19614
means the quotient obtained by dividing the income tax revenue	19615
disbursed during the current fiscal year under any tax levied	19616
pursuant to Chapter 5748. of the Revised Code by total taxable	19617
value of the district to the extent the revenue from the tax is	19618
allocated or apportioned to current expenses.	19619

(5) "Total effective operating tax rate" means the sum of	19620
the Class I effective operating tax rate and the income tax	19621
equivalent tax rate.	19622

Sec. 3317.022.  (A)(1) The department of education shall	19623
compute and distribute state base cost funding to each school	19624
district for the fiscal year in accordance with the following	19625
formula, using adjusted total taxable value as defined in section	19626
3317.02 of the Revised Code ormaking any adjustment required by	19627
division (A)(2) of this section and using the information obtained	19628
under section 3317.021 of the Revised Code in the calendar year in	19629
which the fiscal year begins.	19630

Compute the following for each eligible district:

19631

[cost-of-doing-business factor X

19632

the formula amount X (the greater of formula ADM

19633

or three-year average formula ADM)] -

19634

(.023 X adjusted total taxable value recognized valuation)

19635

If the difference obtained is a negative number, the	19636
district's computation shall be zero.	19637

(2)(a) For each school district for which the tax exempt	19638
value of the district equals or exceeds twenty-five per cent of	19639
the potential value of the district, the department of education	19640
shall calculate the difference between the district's tax exempt	19641
value and twenty-five per cent of the district's potential value.	19642

(b) For each school district to which division (A)(2)(a) of	19643
this section applies, the adjusted total taxable valuedepartment	19644
shall adjust the recognized valuation used in the calculation	19645
under division (A)(1) of this section shall be the adjusted total	19646
taxable value modified by subtracting from it the amount	19647
calculated under division (A)(2)(a) of this section.	19648

(B) As used in this section:

19649

(1) The "total special education weight" for a district	19650
means the sum of the following amounts:	19651

(a) The district's category one special education ADM	19652
multiplied by the multiple specified underin division (A) of	19653
section 3317.013 of the Revised Code;	19654

(b) The sum of the district's category two and category	19655
three special education ADMsADM multiplied by the multiple	19656
specified underin division (B) of section 3317.013 of the Revised	19657
Code;	19658

(c) The district's category three special education ADM	19659
multiplied by the multiple specified in division (C) of section	19660
3317.013 of the Revised Code;	19661

(d) The district's category four special education ADM	19662
multiplied by the multiple specified in division (D) of section	19663
3317.013 of the Revised Code;	19664

(e) The district's category five special education ADM	19665
multiplied by the multiple specified in division (E) of section	19666
3317.013 of the Revised Code;	19667

(f) The district's category six special education ADM	19668
multiplied by the multiple specified in division (F) of section	19669
3317.013 of the Revised Code.	19670

(2) "State share percentage" means the percentage calculated	19671
for a district as follows:	19672

(a) Calculate the state base cost funding amount for the	19673
district for the fiscal year under division (A) of this section.	19674
If the district would not receive any state base cost funding for	19675
that year under that division, the district's state share	19676
percentage is zero.	19677

(b) If the district would receive state base cost funding	19678
under that division, divide that amount by an amount equal to the	19679
following:	19680

Cost-of-doing-business factor X

19681

the formula amount X (the greater of formula

19682

ADM or three-year average formula ADM)

19683

The resultant number is the district's state share	19684
percentage.	19685

(3) "Related services" includes:

19686

(a) Child study, special education supervisors and	19687
coordinators, speech and hearing services, adaptive physical	19688
development services, occupational or physical therapy, teacher	19689
assistants for handicapped children whose handicaps are described	19690
in division (B) of section 3317.013 or division (F)(3) of section	19691
3317.02 of the Revised Code, behavioral intervention, interpreter	19692
services, work study, nursing services, and specialized	19693
integrative services as those terms are defined by the department;	19694

(b) Speech and language services provided to any student	19695
with a handicap, including any student whose primary or only	19696
handicap is a speech and language handicap;	19697

(c) Any related service not specifically covered by other	19698
state funds but specified in federal law, including but not	19699
limited to, audiology and school psychological services;	19700

(d) Any service included in units funded under former	19701
division (O)(1) of section 3317.023 of the Revised Code;	19702

(e) Any other related service needed by handicapped children	19703
in accordance with their individualized education plans.	19704

(4) The "total vocational education weight" for a district	19705
means the sum of the following amounts:	19706

(a) The district's category one vocational education ADM	19707
multiplied by the multiple specified in division (A) of section	19708
3317.014 of the Revised Code;	19709

(b) The district's category two vocational education ADM	19710
multiplied by the multiple specified in division (B) of section	19711
3317.014 of the Revised Code.	19712

(C)(1) The department shall compute and distribute state	19713
special education and related services additional weighted costs	19714
funds to each school district in accordance with the following	19715
formula:	19716

The district's state share percentage

19717

X the formula amount for the year

19718

for which the aid is calculated

19719

X the district's total special education weight

19720

(2) In any fiscal year, a school district receiving funds	19721
under division (C)(1) of this section shall spend on related	19722
services the lesser of the following:	19723

(a) The amount the district spent on related services in the	19724
preceding fiscal year;	19725

(b) 1/8 X {[cost-of-doing-business factor X the formula	19726
amount X (the category one special education ADM + category two	19727
special education ADM + category three special education ADM)] +	19728
the amount calculated for the fiscal year under division (C)(1) of	19729
this section + the local share of special education and related	19730
services additional weighted costs}.	19731

(3) The attributed local share of special education and	19732
related services additional weighted costs equals:	19733

(1 - the district's state share percentage) X

19734

the district's total special education weight X

19735

the formula amount

19736

(4)(3)(a) The department shall compute and pay in accordance	19737
with this division additional state aid to school districts for	19738
students in category threecategories two through six special	19739
education ADM. If a district's costs for the fiscal year for a	19740
student in its category threecategories two through six special	19741
education ADM are twenty-five thousand dollars or moreexceed the	19742
threshold catastrophic cost for serving the student, the district	19743
may submit to the superintendent of public instruction	19744
documentation, as prescribed by the superintendent, of all its	19745
costs for that student. Upon submission of documentation for a	19746
student of the type and in the manner prescribed, the department	19747
shall pay to the district an amount equal to the sum of the	19748
following:	19749

(i) One-half of the district's costs for the student in	19750
excess of the threshold catastrophic cost;	19751

(ii) The product of one-half of the district's costs for the	19752
student in excess of twenty-five thousand dollarsthe threshold	19753
catastrophic cost multiplied by the district's state share	19754
percentage.	19755

(b) For purposes of division (C)(3)(a) of this section, the	19756
threshold catastrophic cost for serving a student equals:	19757

(i) For a student in the school district's category two,	19758
three, four, or five special education ADM, twenty-five thousand	19759
dollars in fiscal year 2002 and twenty-five thousand seven hundred	19760
dollars in fiscal year 2003;	19761

(ii) For a student in the district's category six special	19762
education ADM, thirty thousand dollars in fiscal year 2002 and	19763
thirty thousand eight hundred forty dollars in fiscal year 2003.	19764

The threshold catastrophic costs for fiscal year 2003	19765
represent a two and eight-tenths per cent inflationary increase	19766
over fiscal year 2002.	19767

(c) The district shall only report under division (C)(3)(a)	19768
of this section, and the department shall only pay for, the costs	19769
of educational expenses and the related services provided to the	19770
student in accordance with the student's individualized education	19771
program. Any legal fees, court costs, or other costs associated	19772
with any cause of action relating to the student may not be	19773
included in the amount.	19774

(5)(a) As used in this division, the "personnel allowance"	19775
means twenty-five thousand dollars in fiscal year 2000 and thirty	19776
thousand dollars in fiscal year 2001years 2002 and 2003.	19777

(b) For the provision of speech services to students,	19778
including students who do not have individualized education	19779
programs prepared for them under Chapter 3323. of the Revised	19780
Code, and for no other purpose, the department of education shall	19781
pay each school district an amount calculated under the following	19782
formula:	19783

(formula ADM divided by 2000) X

19784

the personnel allowance X the state share percentage

19785

(6)(5) In any fiscal year, a school district receiving funds	19786
under division (C)(1) of this section shall spend those funds only	19787
for the purposes that the department designates as approved for	19788
special education and related services expenses at least the	19789
amount calculated as follows:	19790

(cost-of-doing-business factor X

19791

formula amount X the sum of categories

19792

one through six special education ADM) +

19793

(total special education weight X formula amount)

19794

The purposes approved by the department for special education	19795
expenses shall include, but shall not be limited to,	19796
identification of handicapped children, compliance with state	19797
rules governing the education of handicapped children and	19798
prescribing the continuum of program options for handicapped	19799
children, and the portion of the school district's overall	19800
administrative and overhead costs that are attributable to the	19801
district's special education student population.	19802

The department shall require school districts to report data	19803
annually to allow for monitoring compliance with division (C)(5)	19804
of this section. The department shall annually report to the	19805
governor and the general assembly the amount of money spent by	19806
each school district for special education and related services.	19807

(D)(1) As used in this division:

19808

(a) "Daily bus miles per student" equals the number of bus	19809
miles traveled per day, divided by transportation base.	19810

(b) "Transportation base" equals total student count as	19811
defined in section 3301.011 of the Revised Code, minus the number	19812
of students enrolled in preschool handicapped units, plus the	19813
number of nonpublic school students included in transportation	19814
ADM.	19815

(c) "Transported student percentage" equals transportation	19816
ADM divided by transportation base.	19817

(d) "Transportation cost per student" equals total operating	19818
costs for board-owned or contractor-operated school buses divided	19819
by transportation base.	19820

(2) Analysis of student transportation cost data has	19821
resulted in a finding that an average efficient transportation use	19822
cost per student can be calculated by means of a regression	19823
formula that has as its two independent variables the number of	19824
daily bus miles per student and the transported student	19825
percentage. For fiscal year 1998 transportation cost data, the	19826
average efficient transportation use cost per student is expressed	19827
as follows:	19828

51.79027 + (139.62626 X daily bus miles per student) +

19829

(116.25573 X transported student percentage)

19830

The department of education shall annually determine the	19831
average efficient transportation use cost per student in	19832
accordance with the principles stated in division (D)(2) of this	19833
section, updating the intercept and regression coefficients of the	19834
regression formula modeled in this division, based on an annual	19835
statewide analysis of each school district's daily bus miles per	19836
student, transported student percentage, and transportation cost	19837
per student data. The department shall conduct the annual update	19838
using data, including daily bus miles per student, transported	19839
student percentage, and transportation cost per student data, from	19840
the prior fiscal year. The department shall notify the office of	19841
budget and management of such update by the fifteenth day of	19842
February of each year.	19843

(3) In addition to funds paid under divisions (A), (C), and	19844
(E) of this section, each district with a transported student	19845
percentage greater than zero shall receive a payment equal to a	19846
percentage of the product of the district's transportation base	19847
from the prior fiscal year times the annually updated average	19848
efficient transportation use cost per student, times an inflation	19849
factor of two and eight tenths per cent to account for the	19850
one-year difference between the data used in updating the formula	19851
and calculating the payment and the year in which the payment is	19852
made. The percentage shall be the following percentage of that	19853
product specified for the corresponding fiscal year:	19854

The payments made under division (D)(3) of this section each	19860
year shall be calculated based on all of the same prior year's	19861
data used to update the formula.	19862

(4) In addition to funds paid under divisions (D)(2) and (3)	19863
of this section, a school district shall receive a rough road	19864
subsidy if both of the following apply:	19865

(a) Its county rough road percentage is higher than the	19866
statewide rough road percentage, as those terms are defined in	19867
division (D)(5) of this section;	19868

(b) Its district student density is lower than the statewide	19869
student density, as those terms are defined in that division.	19870

(5) The rough road subsidy paid to each district meeting the	19871
qualifications of division (D)(4) of this section shall be	19872
calculated in accordance with the following formula:	19873

(per rough mile subsidy X total rough road miles) X

19874

density multiplier

19875

where:

19876

(a) "Per rough mile subsidy" equals the amount calculated in	19877
accordance with the following formula:	19878

0.75 - {0.75 X [(maximum rough road percentage -

19879

county rough road percentage)/(maximum rough road percentage -

19881

statewide rough road percentage)]}

19882

(i) "Maximum rough road percentage" means the highest county	19883
rough road percentage in the state.	19884

(ii) "County rough road percentage" equals the percentage of	19885
the mileage of state, municipal, county, and township roads that	19886
is rated by the department of transportation as type A, B, C, E2,	19887
or F in the county in which the school district is located or, if	19888
the district is located in more than one county, the county to	19889
which it is assigned for purposes of determining its	19890
cost-of-doing-business factor.	19891

(iii) "Statewide rough road percentage" means the percentage	19892
of the statewide total mileage of state, municipal, county, and	19893
township roads that is rated as type A, B, C, E2, or F by the	19894
department of transportation.	19895

(b) "Total rough road miles" means a school district's total	19896
bus miles traveled in one year times its county rough road	19897
percentage.	19898

(c) "Density multiplier" means a figure calculated in	19899
accordance with the following formula:	19900

1 - [(minimum student density - district student

19901

density)/(minimum student density -

19902

statewide student density)]

19903

(i) "Minimum student density" means the lowest district	19904
student density in the state.	19905

(ii) "District student density" means a school district's	19906
transportation base divided by the number of square miles in the	19907
district.	19908

(iii) "Statewide student density" means the sum of the	19909
transportation bases for all school districts divided by the sum	19910
of the square miles in all school districts.	19911

(6) In addition to funds paid under divisions (D)(2) to (5)	19912
of this section, each district shall receive in accordance with	19913
rules adopted by the state board of education a payment for	19914
students transported by means other than board-owned or	19915
contractor-operated buses and whose transportation is not funded	19916
under division (J) of section 3317.024 of the Revised Code. The	19917
rules shall include provisions for school district reporting of	19918
such students.	19919

(7) Notwithstanding divisions (D)(1) to (6) of this section,	19920
in fiscal year 2000 only, each school district shall receive the	19921
greater of the total amount calculated for it under those	19922
divisions and division (J) of section 3317.024 of the Revised Code	19923
or the total amount calculated for it for types one through six	19924
student transportation operating funds in fiscal year 1999. For	19925
purposes of division (D)(7) of this section, the fiscal year 1999	19926
guaranteed total amount does not include subsidies for school bus	19927
purchases.	19928

(E)(1) The department shall compute and distribute state	19929
vocational education additional weighted costs funds to each	19930
school district in accordance with the following formula:	19931

state share percentage X

19932

the formula amount X

19933

total vocational education weight

19934

In any fiscal year, a school district receiving funds under	19935
division (E)(1) of this section shall spend those funds only for	19936
the purposes that the department designates as approved for	19937
vocational education expenses.	19938

(2) The department shall compute for each school district	19939
state funds for vocational education associated services in	19940
accordance with the following formula:	19941

state share percentage X .05 X

19942

the formula amount X the sum of categories one and two

19943

vocational education ADM

19944

In any fiscal year, a school district receiving funds under	19945
division (E)(2) of this section, or through a transfer of funds	19946
pursuant to division (L) of section 3317.023 of the Revised Code,	19947
shall spend those funds only for the purposes that the department	19948
designates as approved for vocational education associated	19949
services expenses, which may include such purposes as	19950
apprenticeship coordinators, coordinators for other vocational	19951
education services, vocational evaluation, and other purposes	19952
designated by the department. The department may deny payment	19953
under division (E)(2) of this section to any district that the	19954
department determines is not operating those services or is using	19955
funds paid under division (E)(2) of this section, or through a	19956
transfer of funds pursuant to division (L) of section 3317.023 of	19957
the Revised Code, for other purposes.	19958

In fiscal years 2000 and 2001, each school district shall	19959
continue to offer the same number of the vocational education	19960
programs that the district offered in fiscal year 1999, unless the	19961
department of education expressly agrees that the district may	19962
offer fewer programs in either fiscal year 2000 or 2001 or both.	19963

(F) Beginning in fiscal year 2003, the actual local share in	19964
any fiscal year for the combination of special education and	19965
related services additional weighted costs funding calculated	19966
under division (C)(1) of this section, transportation funding	19967
calculated under divisions (D)(2) and (3) of this section, and	19968
vocational education and associated services additional weighted	19969
costs funding calculated under divisions (E)(1) and (2) of this	19970
section shall not exceed for any school district the product of	19971
three mills times the district's recognized valuation. Beginning	19972
in fiscal year 2003, the department annually shall pay each school	19973
district as an excess cost supplement any amount by which the sum	19974
of the district's attributed local shares for that funding exceeds	19975
that product. For purposes of calculating the excess cost	19976
supplement:	19977

(1) The attributed local share for special education and	19978
related services additional weighted costs funding is the amount	19979
specified in division (C)(2) of this section.	19980

(2) The attributed local share of transportation funding	19981
equals the difference of the total amount calculated for the	19982
district using the formula developed under division (D)(2) of this	19983
section minus the actual amount paid to the district after	19984
applying the percentage specified in division (D)(3) of this	19985
section.	19986

(3) The attributed local share of vocational education and	19987
associated services additional weighted costs funding is the	19988
amount determined as follows:	19989

(1 - state share percentage) X

19990

[(total vocational education weight X the formula amount) +

19991

the payment under division (E)(2) of this section]

19992

Sec. 3317.023.  (A) Notwithstanding section 3317.022 of the	19993
Revised Code, the amounts required to be paid to a district under	19994
this chapter shall be adjusted by the amount of the computations	19995
made under divisions (B) to (K)(L) of this section.	19996

As used in this section:

19997

(1) "Classroom teacher" means a licensed employee who	19998
provides direct instruction to pupils, excluding teachers funded	19999
from money paid to the district from federal sources; educational	20000
service personnel; and vocational and special education teachers.	20001

(2) "Educational service personnel" shall not include such	20002
specialists funded from money paid to the district from federal	20003
sources or assigned full-time to vocational or special education	20004
students and classes and may only include those persons employed	20005
in the eight specialist areas in a pattern approved by the	20006
department of education under guidelines established by the state	20007
board of education.	20008

(3) "Annual salary" means the annual base salary stated in	20009
the state minimum salary schedule for the performance of the	20010
teacher's regular teaching duties that the teacher earns for	20011
services rendered for the first full week of October of the fiscal	20012
year for which the adjustment is made under division (C) of this	20013
section. It shall not include any salary payments for	20014
supplemental teachers contracts.	20015

(4) "Regular student population" means the formula ADM plus	20016
the number of students reported as enrolled in the district	20017
pursuant to division (A)(1) of section 3313.981 of the Revised	20018
Code; minus the number of students reported under division (A)(2)	20019
of section 3317.03 of the Revised Code; minus the FTE of students	20020
reported under division (B)(5), (6), (7), (8), or (9), (10), (11),	20021
or (12) of that section who are enrolled in a vocational education	20022
class or receiving special education; and minus one-fourth of the	20023
students enrolled concurrently in a joint vocational school	20024
district.	20025

(5) "State share percentage" has the same meaning as in	20026
section 3317.022 of the Revised Code.	20027

(6) "VEPD" means a school district or group of school	20028
districts designated by the department of education as being	20029
responsible for the planning for and provision of vocational	20030
education services to students within the district or group.	20031

(7) "Lead district" means a school district, including a	20032
joint vocational school district, designated by the department as	20033
a VEPD, or designated to provide primary vocational education	20034
leadership within a VEPD composed of a group of districts.	20035

(B) If the district employs less than one full-time	20036
equivalent classroom teacher for each twenty-five pupils in the	20037
regular student population in any school district, deduct the sum	20038
of the amounts obtained from the following computations:	20039

(1) Divide the number of the district's full-time equivalent	20040
classroom teachers employed by one twenty-fifth;	20041

(2) Subtract the quotient in (1) from the district's regular	20042
student population;	20043

(3) Multiply the difference in (2) by seven hundred	20044
fifty-two dollars.	20045

(C) If a positive amount, add one-half of the amount	20046
obtained by multiplying the number of full-time equivalent	20047
classroom teachers by:	20048

(1) The mean annual salary of all full-time equivalent	20049
classroom teachers employed by the district at their respective	20050
training and experience levels minus;	20051

(2) The mean annual salary of all such teachers at their	20052
respective levels in all school districts receiving payments under	20053
this section.	20054

The number of full-time equivalent classroom teachers used in	20055
this computation shall not exceed one twenty-fifth of the	20056
district's regular student population. In calculating the	20057
district's mean salary under this division, those full-time	20058
equivalent classroom teachers with the highest training level	20059
shall be counted first, those with the next highest training level	20060
second, and so on, in descending order. Within the respective	20061
training levels, teachers with the highest years of service shall	20062
be counted first, the next highest years of service second, and so	20063
on, in descending order.	20064

(D) This division does not apply to a school district that	20065
has entered into an agreement under division (A) of section	20066
3313.42 of the Revised Code. Deduct the amount obtained from the	20067
following computations if the district employs fewer than five	20068
full-time equivalent educational service personnel, including	20069
elementary school art, music, and physical education teachers,	20070
counselors, librarians, visiting teachers, school social workers,	20071
and school nurses for each one thousand pupils in the regular	20072
student population:	20073

(1) Divide the number of full-time equivalent educational	20074
service personnel employed by the district by five	20075
one-thousandths;	20076

(2) Subtract the quotient in (1) from the district's regular	20077
student population;	20078

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

20079

(E) If a local school district, or a city or exempted	20080
village school district to which a governing board of an	20081
educational service center provides services pursuant to section	20082
3313.843 of the Revised Code, deduct the amount of the payment	20083
required for the reimbursement of the governing board under	20084
section 3317.11 of the Revised Code.	20085

(F)(1) If the district is required to pay to or entitled to	20086
receive tuition from another school district under division (C)(2)	20087
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	20088
or if the superintendent of public instruction is required to	20089
determine the correct amount of tuition and make a deduction or	20090
credit under section 3317.08 of the Revised Code, deduct and	20091
credit such amounts as provided in division (I) of section 3313.64	20092
or section 3317.08 of the Revised Code.	20093

(2) For each child for whom the district is responsible for	20094
tuition or payment under division (A)(1) of section 3317.082 or	20095
section 3323.091 of the Revised Code, deduct the amount of tuition	20096
or payment for which the district is responsible.	20097

(G) If the district has been certified by the superintendent	20098
of public instruction under section 3313.90 of the Revised Code as	20099
not in compliance with the requirements of that section, deduct an	20100
amount equal to ten per cent of the amount computed for the	20101
district under section 3317.022 of the Revised Code.	20102

(H) If the district has received a loan from a commercial	20103
lending institution for which payments are made by the	20104
superintendent of public instruction pursuant to division (E)(3)	20105
of section 3313.483 of the Revised Code, deduct an amount equal to	20106
such payments.	20107

(I)(1) If the district is a party to an agreement entered	20108
into under division (D), (E), or (F) of section 3311.06 or	20109
division (B) of section 3311.24 of the Revised Code and is	20110
obligated to make payments to another district under such an	20111
agreement, deduct an amount equal to such payments if the district	20112
school board notifies the department in writing that it wishes to	20113
have such payments deducted.	20114

(2) If the district is entitled to receive payments from	20115
another district that has notified the department to deduct such	20116
payments under division (I)(1) of this section, add the amount of	20117
such payments.	20118

(J) If the district is required to pay an amount of funds to	20119
a cooperative education district pursuant to a provision described	20120
by division (B)(4) of section 3311.52 or division (B)(8) of	20121
section 3311.521 of the Revised Code, deduct such amounts as	20122
provided under that provision and credit those amounts to the	20123
cooperative education district for payment to the district under	20124
division (B)(1) of section 3317.19 of the Revised Code.	20125

(K)(1) If a district is educating a student entitled to	20126
attend school in another district pursuant to a shared education	20127
contract, compact, or cooperative education agreement other than	20128
an agreement entered into pursuant to section 3313.842 of the	20129
Revised Code, credit to that educating district on an FTE basis	20130
both of the following:	20131

(a) An amount equal to the formula amount times the cost of	20132
doing business factor of the school district where the student is	20133
entitled to attend school pursuant to section 3313.64 or 3313.65	20134
of the Revised Code;	20135

(b) An amount equal to the formula amount times the state	20136
share percentage times any multiple applicable to the student	20137
pursuant to section 3317.013 or 3317.014 of the Revised Code.	20138

(2) Deduct any amount credited pursuant to division (K)(1)	20139
of this section from amounts paid to the school district in which	20140
the student is entitled to attend school pursuant to section	20141
3313.64 or 3313.65 of the Revised Code.	20142

(3) If the district is required by a shared education	20143
contract, compact, or cooperative education agreement to make	20144
payments to an educational service center, deduct the amounts from	20145
payments to the district and add them to the amounts paid to the	20146
service center pursuant to section 3317.11 of the Revised Code.	20147

(L)(1) If a district, including a joint vocational school	20148
district, is a lead district of a VEPD, credit to that district	20149
the amounts calculated for all the school districts within that	20150
VEPD pursuant to division (E)(2) of section 3317.022 of the	20151
Revised Code.	20152

(2) Deduct from each appropriate district that is not a lead	20153
district, the amount attributable to that district that is	20154
credited to a lead district under division (L)(1) of this section.	20155

Sec. 3317.024.  In addition to the moneys paid to eligible	20156
school districts pursuant to section 3317.022 of the Revised Code,	20157
moneys appropriated for the education programs in divisions (A) to	20158
(H), (J) to (L), (O), (P), and (R) of this section shall be	20159
distributed to school districts meeting the requirements of	20160
section 3317.01 of the Revised Code; in the case of divisions (J)	20161
and (P) of this section, to educational service centers as	20162
provided in section 3317.11 of the Revised Code; in the case of	20163
divisions (E), (M), and (N) of this section, to county MR/DD	20164
boards; in the case of division (R) of this section, to joint	20165
vocational school districts; in the case of division (K) of this	20166
section, to cooperative education school districts; and in the	20167
case of division (Q) of this section, to the institutions defined	20168
under section 3317.082 of the Revised Code providing elementary or	20169
secondary education programs to children other than children	20170
receiving special education under section 3323.091 of the Revised	20171
Code. The following shall be distributed monthly, quarterly, or	20172
annually as may be determined by the state board of education:	20173

(A) A per pupil amount to each school district that	20174
establishes a summer school remediation program that complies with	20175
rules of the state board of education.	20176

(B) An amount for each island school district and each joint	20177
state school district for the operation of each high school and	20178
each elementary school maintained within such district and for	20179
capital improvements for such schools. Such amounts shall be	20180
determined on the basis of standards adopted by the state board of	20181
education.	20182

(C) An amount for each school district operating classes for	20183
children of migrant workers who are unable to be in attendance in	20184
an Ohio school during the entire regular school year. The amounts	20185
shall be determined on the basis of standards adopted by the state	20186
board of education, except that payment shall be made only for	20187
subjects regularly offered by the school district providing the	20188
classes.	20189

(D) An amount for each school district with guidance,	20190
testing, and counseling programs approved by the state board of	20191
education. The amount shall be determined on the basis of	20192
standards adopted by the state board of education.	20193

(E) An amount for the emergency purchase of school buses as	20194
provided for in section 3317.07 of the Revised Code;	20195

(F) An amount for each school district required to pay	20196
tuition for a child in an institution maintained by the department	20197
of youth services pursuant to section 3317.082 of the Revised	20198
Code, provided the child was not included in the calculation of	20199
the district's average daily membership for the preceding school	20200
year.	20201

(G) In fiscal year 2000 only, an amount to each school	20202
district for supplemental salary allowances for each licensed	20203
employee except those licensees serving as superintendents,	20204
assistant superintendents, principals, or assistant principals,	20205
whose term of service in any year is extended beyond the term of	20206
service of regular classroom teachers, as described in section	20207
3301.0725 of the Revised Code;	20208

(H) An amount for adult basic literacy education for each	20209
district participating in programs approved by the state board of	20210
education. The amount shall be determined on the basis of	20211
standards adopted by the state board of education.	20212

(I) Notwithstanding section 3317.01 of the Revised Code, but	20213
only until June 30, 1999, to each city, local, and exempted	20214
village school district, an amount for conducting driver education	20215
courses at high schools for which the state board of education	20216
prescribes minimum standards and to joint vocational and	20217
cooperative education school districts and educational service	20218
centers, an amount for conducting driver education courses to	20219
pupils enrolled in a high school for which the state board	20220
prescribes minimum standards. No payments shall be made under	20221
this division after June 30, 1999.	20222

(J) An amount for the approved cost of transporting	20223
developmentally handicapped pupils whom it is impossible or	20224
impractical to transport by regular school bus in the course of	20225
regular route transportation provided by the district or service	20226
center. No district or service center is eligible to receive a	20227
payment under this division for the cost of transporting any pupil	20228
whom it transports by regular school bus and who is included in	20229
the district's transportation ADM. The state board of education	20230
shall establish standards and guidelines for use by the department	20231
of education in determining the approved cost of such	20232
transportation for each district or service center.	20233

(K) An amount to each school district, including each	20234
cooperative education school district, pursuant to section 3313.81	20235
of the Revised Code to assist in providing free lunches to needy	20236
children and an amount to assist needy school districts in	20237
purchasing necessary equipment for food preparation. The amounts	20238
shall be determined on the basis of rules adopted by the state	20239
board of education.	20240

(L) An amount to each school district, for each pupil	20241
attending a chartered nonpublic elementary or high school within	20242
the district. The amount shall equal the amount appropriated for	20243
the implementation of section 3317.06 of the Revised Code divided	20244
by the average daily membership in grades kindergarten through	20245
twelve in nonpublic elementary and high schools within the state	20246
as determined during the first full week in October of each school	20247
year.	20248

(M) An amount for each county MR/DD board, distributed on	20249
the basis of standards adopted by the state board of education,	20250
for the approved cost of transportation required for children	20251
attending special education programs operated by the county MR/DD	20252
board under section 3323.09 of the Revised Code;	20253

(N) An amount for each county MR/DD board, distributed on	20254
the basis of standards adopted by the state board of education,	20255
for supportive home services for preschool children;	20256

(O) An amount for each school district that establishes a	20257
mentor teacher program that complies with rules of the state board	20258
of education. No school district shall be required to establish	20259
or maintain such a program in any year unless sufficient funds are	20260
appropriated to cover the district's total costs for the program.	20261

(P) An amount to each school district or educational service	20262
center for the total number of gifted units approved pursuant to	20263
section 3317.05 of the Revised Code. The amount for each such	20264
unit shall be the sum of the minimum salary for the teacher of the	20265
unit, calculated on the basis of the teacher's training level and	20266
years of experience pursuant to the salary schedule prescribed in	20267
the version of section 3317.13 of the Revised Code in effect prior	20268
to the effective date of this amendment, plus fifteen per cent of	20269
that minimum salary amount, plus two thousand six hundred	20270
seventy-eight dollars.	20271

(Q) An amount to each institution defined under section	20272
3317.082 of the Revised Code providing elementary or secondary	20273
education to children other than children receiving special	20274
education under section 3323.091 of the Revised Code. This amount	20275
for any institution in any fiscal year shall equal the total of	20276
all tuition amounts required to be paid to the institution under	20277
division (A)(1) of section 3317.082 of the Revised Code.	20278

(R) A grant to each school district and joint vocational	20279
school district that operates a "graduation, reality, and	20280
dual-role skills" (GRADS) program for pregnant and parenting	20281
students that is approved by the department. The amount of the	20282
payment shall be the district's state share percentage, as defined	20283
in section 3317.022 or 3317.16 of the Revised Code, times the	20284
GRADS personnel allowance times the full-time-equivalent number of	20285
GRADS teachers approved by the department. The GRADS personnel	20286
allowance is $45,000 in fiscal year 2000 and $46,260 in fiscal	20287
year 2001years 2002 and 2003.	20288

The state board of education or any other board of education	20289
or governing board may provide for any resident of a district or	20290
educational service center territory any educational service for	20291
which funds are made available to the board by the United States	20292
under the authority of public law, whether such funds come	20293
directly or indirectly from the United States or any agency or	20294
department thereof or through the state or any agency, department,	20295
or political subdivision thereof.	20296

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

20297

(1) "DPIA percentage" means:

20298

(a) In fiscal years prior to fiscal year 2004, the quotient	20299
obtained by dividing the five-year average number of children ages	20300
five to seventeen residing in the school district and living in a	20301
family receiving family assistance under the Ohio works first	20302
program or an antecedent program known as TANF or ADC, as	20303
certified or adjusted under section 3317.10 of the Revised Code,	20304
by the district's three-year average formula ADM.	20305

(b) Beginning in fiscal year 2004, the five-year average,	20306
unduplicated number of children ages five to seventeen residing in	20307
the school district and living in a family that has family income	20308
not exceeding the federal poverty guidelines and that receives	20309
family assistance, as certified or adjusted under section 3317.10	20310
of the Revised Code, divided by the district's three-year average	20311
formula ADM.	20312

(2) "Family assistance" means assistance received under one	20313
of the following:	20314

(a) The Ohio works first program or, for the purpose of	20315
determining the five-year average number of recipients of family	20316
assistance in fiscal years 1999 through 2002, assistance received	20317
under an antecedent program known as TANF or ADC;	20318

(b) The food stamp program;

20319

(c) The medical assistance program, including the healthy	20320
start program, established under Chapter 5111. of the Revised	20321
Code;	20322

(d) The children's health insurance program part I	20323
established under section 5101.50 of the Revised Code or, prior to	20324
fiscal year 2000, an executive order issued under section 107.17	20325
of the Revised Code;	20326

(e) The disability assistance program established under	20327
Chapter 5115. of the Revised Code.	20328

(3) "Statewide DPIA percentage" means:

20329

(a) In fiscal years prior to fiscal year 2004, the five-year	20330
average of the total number of children ages five to seventeen	20331
years residing in the state and receiving family assistance under	20332
the Ohio works first program or an antecedent program known as	20333
TANF or ADC, divided by the sum of the three-year average formula	20334
ADMs for all school districts in the state.	20335

(b) Beginning in fiscal year 2004, the five-year average of	20336
the total, unduplicated number of children ages five to seventeen	20337
residing in the state and living in a family that has family	20338
income not exceeding the federal poverty guidelines and that	20339
receives family assistance, divided by the sum of the three-year	20340
average formula ADMs for all school districts in the state.	20341

(4) "DPIA index" means the quotient obtained by dividing the	20342
school district's DPIA percentage by the statewide DPIA	20343
percentage.	20344

(5) "Federal poverty guidelines" has the same meaning as in	20345
section 5101.46 of the Revised Code.	20346

(6) "DPIA student count" means:

20347

(a) In fiscal years prior to fiscal year 2004, the	20348
five-year average number of children ages five to seventeen	20349
residing in the school district and living in a family receiving	20350
assistance under the Ohio works first program or an antecedent	20351
program known as TANF or ADC, as certified under section 3317.10	20352
of the Revised Code;	20353

(b) Beginning in fiscal year 2004, the five-year average,	20354
unduplicated number of children ages five to seventeen residing in	20355
the school district and living in a family that has family income	20356
not exceeding the federal poverty guidelines and that receives	20357
family assistance, as certified or adjusted under section 3317.10	20358
of the Revised Code.	20359

(7) "Kindergarten ADM" means the number of students reported	20360
under section 3317.03 of the Revised Code as enrolled in	20361
kindergarten.	20362

(6)(8) "Kindergarten through third grade ADM" means the	20363
amount calculated as follows:	20364

(a) Multiply the kindergarten ADM by the sum of one plus the	20365
all-day kindergarten percentage;	20366

(b) Add the number of students in grades one through three;

20367

(c) Subtract from the sum calculated under division	20368
(A)(6)(b) of this section the number of special education students	20369
in grades kindergarten through three.	20370

(7)(9) "Statewide average teacher salary" means forty	20371
forty-two thousand onefour hundred eighty-sevensixty-nine	20372
dollars in fiscal year 20002002, and forty-oneforty-three	20373
thousand threesix hundred twelvefifty-eight dollars in fiscal	20374
year 20012003, which includes an amount for the value of fringe	20375
benefits.	20376

(8)(10) "All-day kindergarten" means a kindergarten class	20377
that is in session five days per week for not less than the same	20378
number of clock hours each day as for pupils in grades one through	20379
six.	20380

(9)(11) "All-day kindergarten percentage" means the	20381
percentage of a district's actual total number of students	20382
enrolled in kindergarten who are enrolled in all-day kindergarten.	20383

(10)(12) "Buildings with the highest concentration of need"	20384
means:	20385

(a) In fiscal years prior to fiscal year 2004, the school	20386
buildings in a district with percentages of students receiving	20387
family assistance in grades kindergarten through three receiving	20388
assistance under Ohio works first at least as high as the	20389
district-wide percentage of students receiving familysuch	20390
assistance. If, however	20391

(b) Beginning in fiscal year 2004, the school buildings in a	20392
district with percentages of students in grades kindergarten	20393
through three receiving family assistance at least as high as the	20394
district-wide percentage of students receiving family assistance.	20395

(c) If, in any fiscal year, the information provided by the	20396
department of job and family services under section 3317.10 of the	20397
Revised Code is insufficient to determine the Ohio works first or	20398
family assistance percentage in each building, "buildings with the	20399
highest concentration of need" has the meaning given in rules that	20400
the department of education shall adopt. The rules shall base the	20401
definition of "buildings with the highest concentration of need"	20402
on family income of students in grades kindergarten through three	20403
in a manner that, to the extent possible with available data,	20404
approximates the intent of this division and division (G) of this	20405
section to designate buildings where the Ohio works first or	20406
family assistance percentage in those grades equals or exceeds the	20407
district-wide Ohio works first or family assistance percentage.	20408

(B) In addition to the amounts required to be paid to a	20409
school district under section 3317.022 of the Revised Code, a	20410
school district shall receive the greater of the amount the	20411
district received in fiscal year 1998 pursuant to division (B) of	20412
section 3317.023 of the Revised Code as it existed at that time or	20413
the sum of the computations made under divisions (C) to (E) of	20414
this section.	20415

(C) A supplemental payment that may be utilized for measures	20416
related to safety and security and for remediation or similar	20417
programs, calculated as follows:	20418

(1) If the DPIA index of the school district is greater than	20419
or equal to thirty-five-hundredths, but less than one, an amount	20420
obtained by multiplying the five-year average number of pupils in	20421
a district receiving family assistancedistrict's DPIA student	20422
count by two hundred thirty dollars;	20423

(2) If the DPIA index of the school district is greater than	20424
or equal to one, an amount obtained by multiplying the DPIA index	20425
by two hundred thirty dollars and multiplying that product by the	20426
five-year average number of pupils in a district receiving family	20427
assistancedistrict's DPIA student count.	20428

Except as otherwise provided in division (F) of this section,	20429
beginning with the school year that starts July 1, 2002, each	20430
school district annually shall use at least twenty per cent of the	20431
funds calculated for the district under this division for	20432
intervention services required by section 3313.608 of the Revised	20433
Code.	20434

(D) A payment for all-day kindergarten if the DPIA index of	20435
the school district is greater than or equal to one or if the	20436
district's three-year average formula ADM exceeded seventeen	20437
thousand five hundred, calculated by multiplying the all-day	20438
kindergarten percentage by the kindergarten ADM and multiplying	20439
that product by the formula amount.	20440

(E) A class-size reduction payment based on calculating the	20441
number of new teachers necessary to achieve a lower	20442
student-teacher ratio, as follows:	20443

(1) Determine or calculate a formula number of teachers per	20444
one thousand students based on the DPIA index of the school	20445
district as follows:	20446

(a) If the DPIA index of the school district is less than	20447
six-tenths, the formula number of teachers is 43.478, which is the	20448
number of teachers per one thousand students at a student-teacher	20449
ratio of twenty-three to one;	20450

(b) If the DPIA index of the school district is greater than	20451
or equal to six-tenths, but less than two and one-half, the	20452
formula number of teachers is calculated as follows:	20453

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

20454

Where 43.478 is the number of teachers per one thousand	20455
students at a student-teacher ratio of twenty-three to one; 1.9 is	20456
the interval from a DPIA index of six-tenths to a DPIA index of	20457
two and one-half; and 23.188 is the difference in the number of	20458
teachers per one thousand students at a student-teacher ratio of	20459
fifteen to one and the number of teachers per one thousand	20460
students at a student-teacher ratio of twenty-three to one.	20461

(c) If the DPIA index of the school district is greater than	20462
or equal to two and one-half, the formula number of teachers is	20463
66.667, which is the number of teachers per one thousand students	20464
at a student-teacher ratio of fifteen to one.	20465

(2) Multiply the formula number of teachers determined or	20466
calculated in division (E)(1) of this section by the kindergarten	20467
through third grade ADM for the district and divide that product	20468
by one thousand;	20469

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

20470

(a) Multiply the kindergarten through third grade ADM by	20471
43.478, which is the number of teachers per one thousand students	20472
at a student-teacher ratio of twenty-three to one, and divide that	20473
product by one thousand;	20474

(b) Subtract the quotient obtained in division (E)(3)(a) of	20475
this section from the product in division (E)(2) of this section.	20476

(4) Multiply the greater of the difference obtained under	20477
division (E)(3) of this section or zero by the statewide average	20478
teachers salary.	20479

(F) This division applies only to school districts whose	20480
DPIA index is one or greater.	20481

(1) Each school district subject to this division shall	20482
first utilize funds received under this section so that, when	20483
combined with other funds of the district, sufficient funds exist	20484
to provide all-day kindergarten to at least the number of children	20485
in the district's all-day kindergarten percentage.	20486

(2) Up to an amount equal to the district's DPIA index	20487
multiplied by the five-year average number of pupils in a district	20488
receiving family assistanceits DPIA student count multiplied by	20489
two hundred thirty dollars of the money distributed under this	20490
section may be utilized for one or both of the following:	20491

(a) Programs designed to ensure that schools are free of	20492
drugs and violence and have a disciplined environment conducive to	20493
learning;	20494

(b) Remediation for students who have failed or are in	20495
danger of failing any of the proficiency tests administered	20496
pursuant to section 3301.0710 of the Revised Code.	20497

Beginning with the school year that starts on July 1, 2002,	20498
each school district shall use at least twenty per cent of the	20499
funds set aside for the purposes of divisions (F)(2)(a) and (b) of	20500
this section to provide intervention services required by section	20501
3313.608 of the Revised Code.	20502

(3) Except as otherwise required by division (G) or	20503
permitted under division (K) of this section, all other funds	20504
distributed under this section to districts subject to this	20505
division shall be utilized for the purpose of the third grade	20506
guarantee. The third grade guarantee consists of increasing the	20507
amount of instructional attention received per pupil in	20508
kindergarten through third grade, either by reducing the ratio of	20509
students to instructional personnel or by increasing the amount of	20510
instruction and curriculum-related activities by extending the	20511
length of the school day or the school year.	20512

School districts may implement a reduction of the ratio of	20513
students to instructional personnel through any or all of the	20514
following methods:	20515

(a) Reducing the number of students in a classroom taught by	20516
a single teacher;	20517

(b) Employing full-time educational aides or educational	20518
paraprofessionals issued a permit or license under section	20519
3319.088 of the Revised Code;	20520

(c) Instituting a team-teaching method that will result in a	20521
lower student-teacher ratio in a classroom.	20522

Districts may extend the school day either by increasing the	20523
amount of time allocated for each class, increasing the number of	20524
classes provided per day, offering optional academic-related	20525
after-school programs, providing curriculum-related extra	20526
curricular activities, or establishing tutoring or remedial	20527
services for students who have demonstrated an educational need.	20528
In accordance with section 3319.089 of the Revised Code, a	20529
district extending the school day pursuant to this division may	20530
utilize a participant of the work experience program who has a	20531
child enrolled in a public school in that district and who is	20532
fulfilling the work requirements of that program by volunteering	20533
or working in that public school. If the work experience program	20534
participant is compensated, the school district may use the funds	20535
distributed under this section for all or part of the	20536
compensation.	20537

Districts may extend the school year either through adding	20538
regular days of instruction to the school calendar or by providing	20539
summer programs.	20540

(G) Each district subject to division (F) of this section	20541
shall not expend any funds received under division (E) of this	20542
section in any school buildings that are not buildings with the	20543
highest concentration of need, unless there is a ratio of	20544
instructional personnel to students of no more than fifteen to one	20545
in each kindergarten and first grade class in all buildings with	20546
the highest concentration of need. This division does not require	20547
that the funds used in buildings with the highest concentration of	20548
need be spent solely to reduce the ratio of instructional	20549
personnel to students in kindergarten and first grade. A school	20550
district may spend the funds in those buildings in any manner	20551
permitted by division (F)(3) of this section, but may not spend	20552
the money in other buildings unless the fifteen-to-one ratio	20553
required by this division is attained.	20554

(H)(1) By the first day of August of each fiscal year, each	20555
school district wishing to receive any funds under division (D) of	20556
this section shall submit to the department of education an	20557
estimate of its all-day kindergarten percentage. Each district	20558
shall update its estimate throughout the fiscal year in the form	20559
and manner required by the department, and the department shall	20560
adjust payments under this section to reflect the updates.	20561

(2) Annually by the end of December, the department of	20562
education, utilizing data from the information system established	20563
under section 3301.0714 of the Revised Code and after consultation	20564
with the legislative office of education oversight, shall	20565
determine for each school district subject to division (F) of this	20566
section whether in the preceding fiscal year the district's ratio	20567
of instructional personnel to students and its number of	20568
kindergarten students receiving all-day kindergarten appear	20569
reasonable, given the amounts of money the district received for	20570
that fiscal year pursuant to divisions (D) and (E) of this	20571
section. If the department is unable to verify from the data	20572
available that students are receiving reasonable amounts of	20573
instructional attention and all-day kindergarten, given the funds	20574
the district has received under this section and that class-size	20575
reduction funds are being used in school buildings with the	20576
highest concentration of need as required by division (G) of this	20577
section, the department shall conduct a more intensive	20578
investigation to ensure that funds have been expended as required	20579
by this section. The department shall file an annual report of	20580
its findings under this division with the chairpersons of the	20581
committees in each house of the general assembly dealing with	20582
finance and education.	20583

(I) Any school district with a DPIA index less than one and	20584
a three-year average formula ADM exceeding seventeen thousand five	20585
hundred shall first utilize funds received under this section so	20586
that, when combined with other funds of the district, sufficient	20587
funds exist to provide all-day kindergarten to at least the number	20588
of children in the district's all-day kindergarten percentage.	20589
Such a district shall expend at least seventy per cent of the	20590
remaining funds received under this section, and any other	20591
district with a DPIA index less than one shall expend at least	20592
seventy per cent of all funds received under this section, for any	20593
of the following purposes:	20594

(1) The purchase of technology for instructional purposes;

20595

(2) All-day kindergarten;

20596

(3) Reduction of class sizes;

20597

(4) Summer school remediation;

20598

(5) Dropout prevention programs;

20599

(6) Guaranteeing that all third graders are ready to	20600
progress to more advanced work;	20601

(7) Summer education and work programs;

20602

(8) Adolescent pregnancy programs;

20603

(9) Head start or preschool programs;

20604

(10) Reading improvement programs described by the	20605
department of education;	20606

(11) Programs designed to ensure that schools are free of	20607
drugs and violence and have a disciplined environment conducive to	20608
learning;	20609

(12) Furnishing, free of charge, materials used in courses	20610
of instruction, except for the necessary textbooks or electronic	20611
textbooks required to be furnished without charge pursuant to	20612
section 3329.06 of the Revised Code, to pupils living in families	20613
participating in Ohio works first in accordance with section	20614
3313.642 of the Revised Code;	20615

(13) School breakfasts provided pursuant to section 3313.813	20616
of the Revised Code.	20617

Each district shall submit to the department, in such format	20618
and at such time as the department shall specify, a report on the	20619
programs for which it expended funds under this division.	20620

(J) If at any time the superintendent of public instruction	20621
determines that a school district receiving funds under division	20622
(D) of this section has enrolled less than the all-day	20623
kindergarten percentage reported for that fiscal year, the	20624
superintendent shall withhold from the funds otherwise due the	20625
district under this section a proportional amount as determined by	20626
the difference in the certified all-day kindergarten percentage	20627
and the percentage actually enrolled in all-day kindergarten.	20628

The superintendent shall also withhold an appropriate amount	20629
of funds otherwise due a district for any other misuse of funds	20630
not in accordance with this section.	20631

(K)(1) A district may use a portion of the funds calculated	20632
for it under division (D) of this section to modify or purchase	20633
classroom space to provide all-day kindergarten, if both of the	20634
following conditions are met:	20635

(a) The district certifies to the department, in a manner	20636
acceptable to the department, that it has a shortage of space for	20637
providing all-day kindergarten.	20638

(b) The district provides all-day kindergarten to the number	20639
of children in the all-day kindergarten percentage it certified	20640
under this section.	20641

(2) A district may use a portion of the funds described in	20642
division (F)(3) of this section to modify or purchase classroom	20643
space to enable it to further reduce class size in grades	20644
kindergarten through two with a goal of attaining class sizes of	20645
fifteen students per licensed teacher. To do so, the district	20646
must certify its need for additional space to the department, in a	20647
manner satisfactory to the department.	20648

Sec. 3317.0210.  (A) As used in this section:

20649

(1) "Bankruptcy Reform Act" means the "Bankruptcy Reform Act	20650
of 1978," 92 Stat. 2558, 11 U.S.C. 301, as amended.	20651

(2) "Chapter 11 corporation" means a corporation, company, or	20652
other business organization that has filed a petition for	20653
reorganization under Chapter 11 of the "Bankruptcy Reform Act," 92	20654
Stat. 2626, 11 U.S.C. 1101, as amended.	20655

(3) "Real property" includes public utility real property and	20656
"personal property" includes public utility personal property.	20657

(4) "Uncollectable taxes" means property taxes owed by a	20658
Chapter 11 corporation on its property for a tax year that a	20659
school district is precluded from collecting by virtue of	20660
proceedings under the Bankruptcy Reform Act.	20661

(5) "Basic state aid" means the state aid calculated for a	20662
school district under section 3317.022 of the Revised Code.	20663

(6) "Effective value" means the sum of the	20664
residential/agricultural real property value, the effective	20665
nonresidential/agricultural real property value, and the effective	20666
personal value.	20667

(7) "Effective nonresidential/agricultural real property	20668
value" means, for a tax year, the amount obtained by multiplying	20669
the value for that year of nonresidential/agricultural real	20670
property subject to taxation in the district by a fraction, the	20671
numerator of which is the total taxes charged and payable for that	20672
year against the nonresidential/agricultural real property subject	20673
to taxation in the district, exclusive of the uncollectable taxes	20674
for that year on all real property subject to taxation in the	20675
district, and the denominator of which is the total taxes charged	20676
and payable for that year against the nonresidential/agricultural	20677
real property subject to taxation in the district.	20678

(8) "Effective personal value" means, for a tax year, the	20679
amount obtained by multiplying the value for that year certified	20680
under division (A)(2) of section 3317.021 of the Revised Code by a	20681
fraction, the numerator of which is the total taxes charged and	20682
payable for that year against personal property subject to	20683
taxation in the district, exclusive of the uncollectable taxes for	20684
that year on that property, and the denominator of which is the	20685
total taxes charged and payable for that year against personal	20686
property subject to taxation in the district.	20687

(9) "Nonresidential/agricultural real property value" means,	20688
for a tax year, the sum of the values certified for a school	20689
district for that year under division (B)(2)(a) of this section,	20690
and "residential/agricultural real property value" means, for a	20691
tax year, the sum of the values certified for a school district	20692
under division (B)(2)(b) of this section.	20693

(10) "Taxes charged and payable against real property" means	20694
the taxes charged and payable against that property after making	20695
the reduction required by section 319.301 of the Revised Code.	20696

(11) "Total taxes charged and payable" has the same meaning	20697
given "taxes charged and payable" in section 3317.02 of the	20698
Revised Code.	20699

(B)(1) ByBetween the first day of AugustJanuary and the	20700
first day of February of any calendar year, a school district	20701
shall notify the department of education if it has uncollectable	20702
taxes from one Chapter 11 corporation for the second preceding tax	20703
year whose total taxes charged and payable represent at least	20704
one-half of one per cent of the district's total taxes charged and	20705
payable for that tax year.	20706

(2) The department shall verify whether the district has	20707
such uncollectable taxes from such a corporation by the first day	20708
of September, and if the district does, shall immediately request	20709
the county auditor of each county in which the school district has	20710
territorytax commissioner to certify the following information	20711
concerning the district's property values and taxes for the second	20712
preceding tax year, and each such auditorthe tax commissioner	20713
shall certify that information to the department within thirty	20714
days ofafter receiving the request:	20715

(a) The value of the property subject to taxation in the	20716
district that was classified as nonresidential/agricultural real	20717
property pursuant to section 5713.041 of the Revised Code, and the	20718
taxes charged and payable on that property; and	20719

(b) The value of the property subject to taxation in the	20720
district that was classified as residential/agricultural real	20721
property under section 5713.041 of the Revised Code.	20722

(C) By the fifteenth day of NovemberUpon receiving the	20723
certification from the tax commissioner, the department shall	20724
compute the district's effective nonresidential/agricultural real	20725
property value, residential/agricultural real property value,	20726
effective personal value, and effective value, and shall determine	20727
whether the school district's effective value for the second	20728
preceding tax year is at least one per cent less than its total	20729
taxable value for thatthe second preceding tax year as certified	20730
under divisions (A)(1) and (2) of section 3317.021 of the Revised	20731
Code. If it is, the department shall recompute the basic state	20732
aid payable to the district for the immediately precedingcurrent	20733
fiscal year using the effective value in lieu of the amounts	20734
previously certified under section 3317.021 of the Revised Code	20735
total taxable value used to compute the basic state aid for the	20736
current fiscal year. The difference between the original basic	20737
state aid amount originally computed for the district for the	20738
precedingcurrent fiscal year and the recomputed amount shall be	20739
paid to the district from the lottery profits education fund	20740
before the end of the current fiscal year.	20741

(D) Not later than August 1, 2001, a school district shall	20742
notify the department of education if it has uncollectable taxes	20743
from one Chapter 11 corporation for tax year 1999 or, separately,	20744
tax year 2000, whose total taxes charged and payable for the tax	20745
year represent at least one-half of one per cent of the district's	20746
total taxes charged and payable for that tax year. The department	20747
shall verify whether the district has such uncollectable taxes	20748
from such a corporation and, if it does, shall immediately request	20749
the tax commissioner to certify the information enumerated in	20750
divisions (B)(2)(a) and (b) of this section for the tax year. The	20751
tax commissioner shall certify that information to the department	20752
within thirty days after receiving the request.	20753

Upon receiving the certification from the tax commissioner,	20754
the department shall compute the district's effective value for	20755
the tax year for which the certification was made and shall	20756
determine whether the effective value for the tax year is at least	20757
one per cent less than its total taxable value for that tax year.	20758
If it is, the department shall recompute the basic state aid	20759
payable to the district as follows:	20760

(1) For such uncollectable taxes for tax year 1999,	20761
recompute the basic state aid for fiscal year 2001 using the	20762
effective value for tax year 1999 in lieu of the total taxable	20763
value for that tax year as certified under divisions (A)(1) and	20764
(2) of section 3317.021 of the Revised Code;	20765

(2) For such uncollectable taxes for tax year 2000,	20766
recompute the basic state aid for fiscal year 2002 using the	20767
effective value for tax year 2000 in lieu of the total taxable	20768
value for that tax year certified under those divisions.	20769

The difference between the basic state aid amount originally	20770
computed for the district for fiscal year 2001 or fiscal year 2002	20771
and the amount recomputed for that year under division (C)(1) or	20772
(2) of this section shall be paid to the district from the lottery	20773
profits education fund before the end of fiscal year 2002.	20774

(E) Amounts received by a school district under division	20775
(C) and (D) of this section shall be repaid to the department of	20776
education in any future year to the extent the district receives	20777
payments of uncollectable taxes in such future year. The	20778
department shall notify a district of any amount owed under this	20779
division.	20780

Sec. 3317.0212. DivisionsDivision (B) and (C) of this	20781
section dodoes not apply to a school district with a formula ADM	20782
of one hundred fifty or less.	20783

(A) As used in this section:

20784

(1) "Fundamental FY 1997 state aid" or "fundamental FY 1998	20785
state aid" for a district means the total amount of state money	20786
received by the district for the applicable fiscal year as	20787
reported on the department of education's form "SF-12," adjusted	20788
as follows:	20789

(a) Minus the amount for transportation;

20790

(b) Minus any amounts for approved preschool handicapped	20791
units;	20792

(c) Minus any additional amount attributable to the	20793
reappraisal guarantee of division (C) of section 3317.04 of the	20794
Revised Code;	20795

(d) Plus the amount deducted for payments to an educational	20796
service center;	20797

(e) Plus an estimated portion of the state money distributed	20798
in the applicable fiscal year to other school districts or	20799
educational service centers for approved units, other than	20800
preschool handicapped or gifted education units, attributable to	20801
the costs of providing services in those units to students	20802
entitled to attend school in the district;	20803

(f) Minus an estimated portion of the state money	20804
distributed to the school district in the applicable fiscal year	20805
for approved units, other than preschool handicapped units or	20806
gifted education units, attributable to the costs of providing	20807
services in those units to students entitled to attend school in	20808
another school district;	20809

(g) Plus any additional amount paid in the applicable fiscal	20810
year pursuant to the vocational education recomputation required	20811
by Section 45.12 of Amended Substitute House Bill No. 117 of the	20812
121st general assembly or former Section 50.22 of Amended	20813
Substitute House Bill No. 215 of the 122nd general assembly;	20814

(h) Plus any additional amount paid in the applicable fiscal	20815
year pursuant to the special education recomputation required by	20816
former division (I) of section 3317.023 of the Revised Code;	20817

(i) Plus any amount paid for equity aid in the applicable	20818
fiscal year under section 3317.0213 of the Revised Code;	20819

(j) Plus any amount received for the applicable fiscal year	20820
pursuant to section 3317.027 of the Revised Code;	20821

(k) Plus any amount received for the applicable fiscal year	20822
resulting from a recomputation made under division (B) of section	20823
3317.022 of the Revised Code, as that section existed in the	20824
applicable fiscal year.	20825

(2) "State basic aid" for a district for any fiscal year	20826
after fiscal year 1999 means the sum of the following:	20827

(a) The amount computed for the district for base cost	20828
funding, special education funding, and vocational education	20829
funding under divisions (A), (C)(1) and (5)(4), and (E) of	20830
section 3317.022 and sections 3317.025 and 3317.027 of the Revised	20831
Code and DPIA aid under section 3317.029 of the Revised Code in	20832
the current fiscal year before any deduction or credit required by	20833
division (B), (D), (E), (F), (G), (H), (I), (J), (K), or (L) of	20834
section 3317.023 or division (J) of section 3317.029 of the	20835
Revised Code;	20836

(b) Any amounts for which the district is eligible pursuant	20837
to division (C) of section 3317.023, divisions (G), (P), and (R)	20838
of section 3317.024, and the supplemental unit allowance paid for	20839
gifted units under division (B) of section 3317.1623317.053 of	20840
the Revised Code;	20841

(c) Any equity aid for which the district is eligible under	20842
section 3317.0213 of the Revised Code.	20843

(3) "Adjusted FY 1999 actual aid" has the same meaning as in	20844
Section 18 of Am. Sub. H.B. 650 of the 122nd general assembly, as	20845
amended.	20846

(4) "Vocational education set-aside" means the up to	20847
$24,193,118 earmarked for additional school district vocational	20848
education grants under appropriation item 200-545, vocational	20849
education enhancements, in Am. Sub. H.B. 770 of the 122nd general	20850
assembly.	20851

(B) Upon request of the department of education, the	20852
treasurer of any school district or educational service center	20853
shall furnish data needed to calculate the amounts specified in	20854
divisions (A)(1)(e) and (f) of this section. The department shall	20855
compute and pay the state basic aid guarantee for each school	20856
district for the fiscal year as follows:	20857

(1) Subtract the amount of state basic aid from the amount	20858
of fundamental FY 1998 state aid. If a negative number, this	20859
computation shall be deemed to be zero.	20860

(2) Pay the district any positive amount calculated under	20861
division (B)(1) of this section.	20862

(C) In fiscal year 2000, the department shall calculate for	20863
each district the sum of the district's state basic aid for that	20864
fiscal year, plus any amount calculated under division (B)(1) of	20865
this section, plus the transportation portion of state aid	20866
computed for the district for that fiscal year under division (D)	20867
of the version of section 3317.022 of the Revised Code in effect	20868
that fiscal year. If a district's adjusted FY 1999 actual aid is	20869
greater than that sum, then the department shall pay the district	20870
in that fiscal year one hundred per cent of the difference.	20871

(D)(1) The state basic aid guarantee in any fiscal year for	20872
a school district with a formula ADM of one hundred fifty or less	20873
shall be the greatest of the following amounts:	20874

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

20875

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

20876

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

20877

(2) If in any fiscal year the state basic aid for a school	20878
district with a formula ADM of one hundred fifty or less is less	20879
than the guarantee amount determined for the district under	20880
division (D)(C)(1) of this section, the department of education	20881
shall pay the district the amount of the difference.	20882

Sec. 3317.0213.  No money shall be distributed under this	20883
section after fiscal year 20022005.	20884

(A) As used in this section:

20885

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

20886

(a) In fiscal year 1999, the FY 1998 ADM;

20887

(b) In fiscal years 2000 through 20022005, the formula ADM	20888
reported for the previous fiscal year.	20889

(2) "Average taxable value" means the average of the amounts	20890
certified for a district in the second, third, and fourth	20891
preceding fiscal years under divisions (A)(1) and (2) of section	20892
3317.021 of the Revised Code.	20893

(3) "Valuation per pupil" for a district means:

20894

(a) In fiscal year 1999, the district's average taxable	20895
value, divided by the district's FY 1998 ADM;	20896

(b) In a fiscal year that occurs after fiscal year 1999, the	20897
district's average taxable value, divided by the district's	20898
formula ADM for the preceding fiscal year.	20899

(4) "Threshold valuation" means:

20900

(a) In fiscal year 1999, the adjusted valuation per pupil of	20901
the school district with the two hundred twenty-ninth lowest	20902
adjusted valuation per pupil in the state, according to data	20903
available at the time of the computation under division (B) of	20904
this section;	20905

(b) In fiscal year 2000, the adjusted valuation per pupil of	20906
the district with the one hundred ninety-sixth lowest such	20907
valuation in the state;	20908

(c) In fiscal year 2001, the adjusted valuation per pupil of	20909
the district with the one hundred sixty-third lowest such	20910
valuation in the state;	20911

(d) In fiscal yearyears 2002 through 2005, the adjusted	20912
valuation per pupil of the district with the	20913
one-hundred-eighteenth lowest such valuation in the state.	20914

(5) "Adjusted valuation per pupil" for a district means an	20915
amount calculated in accordance with the following formula:	20916

The district's valuation per pupil -	20917

($30,000 X (one minus the

20918

district's income factor))

20919

(6) "Millage rate" means .012 in fiscal year 1999, .011 in	20920
fiscal year 2000, .010 in fiscal year 2001, and .009 in fiscal	20921
yearyears 2002 through 2005.	20922

(7) "Payment percentage" equals 100% prior to fiscal year	20923
2003, 75% in fiscal year 2003, 50% in fiscal year 2004, 25% in	20924
fiscal year 2005, and zero after fiscal year 2005.	20925

(B) Beginning in fiscal year 1993, during August of each	20926
fiscal year, the department of education shall distribute to each	20927
school district meeting the requirements of section 3317.01 of the	20928
Revised Code whose adjusted valuation per pupil is less than the	20929
threshold valuation, an amount calculated in accordance with the	20930
following formula:	20931

(The threshold valuation -	20932

the district's adjusted valuation per pupil) X

20933

millage rate X ADM X the payment percentage

20934

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

20935

(1) "Total taxes charged and payable for current expenses"	20936
means the sum of the taxes charged and payable as certified under	20937
division (A)(3)(a) of section 3317.021 of the Revised Code less	20938
any amounts reported under division (A)(3)(b) of that section, and	20939
the tax distribution for the preceding year under any school	20940
district income tax levied by the district pursuant to Chapter	20941
5748. of the Revised Code to the extent the revenue from the	20942
income tax is allocated or apportioned to current expenses.	20943

(2) "State equalization enhancement payments" means any	20944
payment made to a school district pursuant to section 3317.0215 of	20945
the Revised Code for the preceding fiscal year.	20946

(3) "Charge-off amount" means the product obtained by	20947
multiplying two and three-tenths per cent by adjusted total	20948
taxable valuerecognized valuation.	20949

(4) "Total receipts available for current expenses" of a	20950
school district means the sum of total taxes charged and payable	20951
for current expenses and the district's state equalization	20952
enhancement payments.	20953

(5) "Local share of special education and related services	20954
additional weighted costs" has the same meaning as in division	20955
(C)(3) of section 3317.022 of the Revised Code.	20956

(6) "Local share of vocational education and associated	20957
services additional weighted costs" for each school district means	20958
the amount determined as follows:	20959

(1 - state share percentage as defined in section

20960

3317.022 of the Revised Code) X [(total vocational

20961

education weight as defined in that section X

20962

the formula amount) + the district's payment under division (E)(2)	20963
of section 3317.022 of the Revised Code]	20964

(3) Until fiscal year 2003, the "actual local share of	20965
special education, transportation, and vocational education	20966
funding" for any school district means the sum of the district's	20967
attributed local shares described in divisions (F)(1) to (3) of	20968
section 3317.022 of the Revised Code. Beginning in fiscal year	20969
2003, the "actual local share of special education,	20970
transportation, and vocational education funding" means that sum	20971
minus the amount of any excess cost supplement payment calculated	20972
for the district under division (F) of section 3317.022 of the	20973
Revised Code.	20974

(B) Upon receiving the certifications under section 3317.021	20975
of the Revised Code, the department of education shall determine	20976
for each city, local, and exempted village school district whether	20977
the district's charge-off amount is greater than the district's	20978
total receipts availabletaxes charged and payable for current	20979
expenses, and if it is, shall pay the district the amount of the	20980
difference. A payment shall not be made to any school district	20981
for which the computation under division (A) of section 3317.022	20982
of the Revised Code equals zero.	20983

(C)(1) If a district's charge-off amount is equal to or	20984
greater than its total receipts availabletaxes charged and	20985
payable for current expenses, the department shall, in addition to	20986
the payment required under division (B) of this section, pay the	20987
district the amount of theits actual local share of special	20988
education and related services additional weighted costs,	20989
transportation, and the amount of the local share of vocational	20990
education and associated services additional weighted costs	20991
funding.	20992

(2) If a district's charge-off amount is less than its total	20993
receipts availabletaxes charged and payable for current expenses,	20994
the department shall pay the district any amount by which the sum	20995
of its actual local share of special education and related	20996
services additional weighted costs plus its local share of,	20997
transportation, and vocational education and associated services	20998
additional weighted costsfunding exceeds its total receipts	20999
availabletaxes charged and payable for current expenses minus its	21000
charge-off amount.	21001

Sec. 3317.0217. The department of education shall annually	21002
compute and pay state parity aid to school districts, as follows:	21003

(A) Calculate the local wealth per pupil of each school	21004
district, which equals the following sum:	21005

(1) Two-thirds times the quotient of (a) the district's	21006
recognized valuation divided by (b) its formula ADM; plus	21007

(2) One-third times the quotient of (a) the average of the	21008
total federal adjusted gross income of the school district's	21009
residents for the three years most recently reported under section	21010
3317.021 of the Revised Code divided by (b) its formula ADM.	21011

(B) Rank all school districts in order of local wealth per	21012
pupil, from the district with the lowest local wealth per pupil to	21013
the district with the highest local wealth per pupil.	21014

(C) Compute the per pupil state parity aid funding for each	21015
school district in accordance with the following formula:	21016

Payment percentage X (threshold local wealth

21017

per pupil - the district's local

21018

wealth per pupil) X 0.0095

21019

Where:

21020

(1) "Payment percentage," for purposes of division (C) of	21021
this section, equals 20% in fiscal year 2002, 40% in fiscal year	21022
2003, 60% in fiscal year 2004, 80% in fiscal year 2005, and 100%	21023
after fiscal year 2005.	21024

(2) Nine and one-half mills (0.0095) is the general	21025
assembly's determination of the average number of effective	21026
operating mills that districts in the seventieth to ninetieth	21027
percentiles of valuations per pupil collected in fiscal year 2001	21028
above the revenues required to finance their attributed local	21029
shares of the calculated cost of an adequate education. This was	21030
determined by (a) adding the district revenues from operating	21031
property tax levies and income tax levies, (b) subtracting from	21032
that total the sum of (i) twenty-three mills times adjusted	21033
recognized valuation plus (ii) the attributed local shares of	21034
special education, transportation, and vocational education	21035
funding as described in divisions (F)(1) to (3) of section	21036
3317.022 of the Revised Code, and (c) converting the result to an	21037
effective operating property tax rate.	21038

(3) The "threshold local wealth per pupil" is the local	21039
wealth per pupil of the school district with the	21040
four-hundred-ninetieth lowest local wealth per pupil.	21041

If the result of the calculation for a school district under	21042
division (C) of this section is less than zero, the district's per	21043
pupil parity aid shall be zero.	21044

(D) Compute the per pupil alternative parity aid for each	21045
school district that has a combination of an income factor of 1.0	21046
or less, a DPIA index of 1.0 or greater, and a	21047
cost-of-doing-business factor of 1.0375 or greater, in accordance	21048
with the following formula:	21049

Payment percentage X $60,000 X	21050

(1 - income factor) X 4/15 X 0.023

21051

Where:

21052

(1) "DPIA index" has the same meaning as in section 3317.029	21053
of the Revised Code.	21054

(2) "Payment percentage," for purposes of division (D) of	21055
this section, equals 50% in fiscal year 2002 and 100% after fiscal	21056
year 2002.	21057

(E) Pay each district that has a combination of an income	21058
factor 1.0 or less, a DPIA index of 1.0 or greater, and a	21059
cost-of-doing-business factor of 1.0375 or greater, the greater of	21060
the following:	21061

(1) The product of the district's per pupil parity aid	21062
calculated under division (C) of this section times its formula	21063
ADM;	21064

(2) The product of its per pupil alternative parity aid	21065
calculated under division (D) of this section times its formula	21066
ADM.	21067

(F) Pay every other district the product of its per pupil	21068
parity aid calculated under division (C) of this section times its	21069
formula ADM.	21070

Every six years, the general assembly shall redetermine,	21071
after considering the report of the committee appointed under	21072
section 3317.012 of the Revised Code, the average number of	21073
effective operating mills that districts in the seventieth to	21074
ninetieth percentiles of valuations per pupil collect above the	21075
revenues required to finance their attributed local shares of the	21076
cost of an adequate education.	21077

Sec. 3317.03.  Notwithstanding divisions (A)(1), (B)(1), and	21078
(C) of this section, any student enrolled in kindergarten more	21079
than half time shall be reported as one-half student under this	21080
section.	21081

(A) The superintendent of each city and exempted village	21082
school district and of each educational service center shall, for	21083
the schools under the superintendent's supervision, certify to the	21084
state board of education on or before the fifteenth day of October	21085
in each year for the first full school week in October the formula	21086
ADM, which shall consist of the average daily membership during	21087
such week of the sum of the following:	21088

(1) On an FTE basis, the number of students in grades	21089
kindergarten through twelve receiving any educational services	21090
from the district, except that the following categories of	21091
students shall not be included in the determination:	21092

(a) Students enrolled in adult education classes;

21093

(b) Adjacent or other district students enrolled in the	21094
district under an open enrollment policy pursuant to section	21095
3313.98 of the Revised Code;	21096

(c) Students receiving services in the district pursuant to	21097
a compact, cooperative education agreement, or a contract, but who	21098
are entitled to attend school in another district pursuant to	21099
section 3313.64 or 3313.65 of the Revised Code;	21100

(d) Students for whom tuition is payable pursuant to	21101
sections 3317.081 and 3323.141 of the Revised Code.	21102

(2) On an FTE basis, the number of students entitled to	21103
attend school in the district pursuant to section 3313.64 or	21104
3313.65 of the Revised Code, but receiving educational services in	21105
grades kindergarten through twelve from one or more of the	21106
following entities:	21107

(a) A community school pursuant to Chapter 3314. of the	21108
Revised Code, including any participation in a college pursuant to	21109
Chapter 3365. of the Revised Code while enrolled in such community	21110
school;	21111

(b) An alternative school pursuant to sections 3313.974 to	21112
3313.979 of the Revised Code as described in division (I)(2)(a) or	21113
(b) of this section;	21114

(c) A college pursuant to Chapter 3365. of the Revised Code,	21115
except when the student is enrolled in the college while also	21116
enrolled in a community school pursuant to Chapter 3314. of the	21117
Revised Code;	21118

(d) An adjacent or other school district under an open	21119
enrollment policy adopted pursuant to section 3313.98 of the	21120
Revised Code;	21121

(e) An educational service center or cooperative education	21122
district;	21123

(f) Another school district under a cooperative education	21124
agreement, compact, or contract.	21125

(3) One-fourth of the number of students enrolled in a joint	21126
vocational school district or under a vocational education	21127
compact, excluding any students entitled to attend school in the	21128
district under section 3313.64 or 3313.65 of the Revised Code who	21129
are enrolled in another school district through an open enrollment	21130
policy as reported under division (A)(2)(d) of this section and	21131
then enroll in a joint vocational school district or under a	21132
vocational education compact;	21133

(4) The number of handicapped children, other than	21134
handicapped preschool children, entitled to attend school in the	21135
district pursuant to section 3313.64 or 3313.65 of the Revised	21136
Code who are placed with a county MR/DD board, minus the number of	21137
such children placed with a county MR/DD board in fiscal year	21138
1998. If this calculation produces a negative number, the number	21139
reported under division (A)(4) of this section shall be zero.	21140

(B) To enable the department of education to obtain the data	21141
needed to complete the calculation of payments pursuant to this	21142
chapter, in addition to the formula ADM, each superintendent shall	21143
report separately the following student counts:	21144

(1) The total average daily membership in regular day	21145
classes included in the report under division (A)(1) or (2) of	21146
this section for kindergarten, and each of grades one through	21147
twelve in schools under the superintendent's supervision;	21148

(2) The number of all handicapped preschool children	21149
enrolled as of the first day of December in classes in the	21150
district that are eligible for approval by the state board of	21151
education under division (B) of section 3317.05 of the Revised	21152
Code and the number of those classes, which shall be reported not	21153
later than the fifteenth day of December, in accordance with rules	21154
adopted under that section;	21155

(3) The number of children entitled to attend school in the	21156
district pursuant to section 3313.64 or 3313.65 of the Revised	21157
Code who are participating in a pilot project scholarship program	21158
established under sections 3313.974 to 3313.979 of the Revised	21159
Code as described in division (I)(2)(a) or (b) of this section,	21160
are enrolled in a college under Chapter 3365. of the Revised Code,	21161
except when the student is enrolled in the college while also	21162
enrolled in a community school pursuant to Chapter 3314. of the	21163
Revised Code, are enrolled in an adjacent or other school district	21164
under section 3313.98 of the Revised Code, are enrolled in a	21165
community school established under Chapter 3314. of the Revised	21166
Code, including any participation in a college pursuant to Chapter	21167
3365. of the Revised Code while enrolled in such community school,	21168
or are participating in a program operated by a county MR/DD board	21169
or a state institution;	21170

(4) The number of pupils enrolled in joint vocational	21171
schools;	21172

(5) The average daily membership of handicapped children	21173
reported under division (A)(1) or (2) of this section receiving	21174
category one special education services,for the category one	21175
handicap described in division (A) of section 3317.013 of the	21176
Revised Code;	21177

(6) The average daily membership of handicapped children	21178
reported under division (A)(1) or (2) of this section receiving	21179
category two special education services,for category two	21180
handicaps described in division (B) of section 3317.013 of the	21181
Revised Code;	21182

(7) The average daily membership of handicapped children	21183
reported under division (A)(1) or (2) of this section identified	21184
as having any of thereceiving special education services for	21185
category three handicaps specifieddescribed in division (F)(3)(C)	21186
of section 3317.023317.013 of the Revised Code;	21187

(8) The average daily membership of handicapped children	21188
reported under division (A)(1) or (2) of this section receiving	21189
special education services for category four handicaps described	21190
in division (D) of section 3317.013 of the Revised Code;	21191

(9) The average daily membership of handicapped children	21192
reported under division (A)(1) or (2) of this section receiving	21193
special education services for the category five handicap	21194
described in division (E) of section 3317.013 of the Revised Code;	21195

(10) The average daily membership of handicapped children	21196
reported under division (A)(1) or (2) of this section receiving	21197
special education services for category six handicaps described in	21198
division (F) of section 3317.013 of the Revised Code;	21199

(11) The average daily membership of pupils reported under	21200
division (A)(1) or (2) of this section enrolled in category one	21201
vocational education programs or classes, described in division	21202
(A) of section 3317.014 of the Revised Code, operated by the	21203
school district or by another district, other than a joint	21204
vocational school district, or by an educational service center;	21205

(9)(12) The average daily membership of pupils reported	21206
under division (A)(1) or (2) of this section enrolled in category	21207
two vocational education programs or services, described in	21208
division (B) of section 3317.014 of the Revised Code, operated by	21209
the school district or another school district, other than a joint	21210
vocational school district, or by an educational service center;	21211

(10)(13) The average number of children transported by the	21212
school district on board-owned or contractor-owned and -operated	21213
buses, reported in accordance with rules adopted by the department	21214
of education;	21215

(11)(14)(a) The number of children, other than handicapped	21216
preschool children, the district placed with a county MR/DD board	21217
in fiscal year 1998;	21218

(b) The number of handicapped children, other than	21219
handicapped preschool children, placed with a county MR/DD board	21220
in the current fiscal year to receive category one special	21221
education services,for the category one handicap described in	21222
division (A) of section 3317.013 of the Revised Code;	21223

(c) The number of handicapped children, other than	21224
handicapped preschool children, placed with a county MR/DD board	21225
in the current fiscal year to receive category two special	21226
education services,for category two handicaps described in	21227
division (B) of section 3317.013 of the Revised Code;	21228

(d) The number of handicapped children, other than	21229
handicapped preschool children, placed with a county MR/DD board	21230
in the current fiscal year to receive category three special	21231
education services,for category three handicaps described in	21232
division (F)(3)(C) of section 3317.023317.013 of the Revised	21233
Code;	21234

(e) The number of handicapped children, other than	21235
handicapped preschool children, placed with a county MR/DD board	21236
in the current fiscal year to receive special education services	21237
for category four handicaps described in division (D) of section	21238
3317.013 of the Revised Code;	21239

(f) The number of handicapped children, other than	21240
handicapped preschool children, placed with a county MR/DD board	21241
in the current fiscal year to receive special education services	21242
for the category five handicap described in division (E) of	21243
section 3317.013 of the Revised Code;	21244

(g) The number of handicapped children, other than	21245
handicapped preschool children, placed with a county MR/DD board	21246
in the current fiscal year to receive special education services	21247
for category six handicaps described in division (F) of section	21248
3317.013 of the Revised Code.	21249

(C) Except as otherwise provided in this section for	21250
kindergarten students, the average daily membership in divisions	21251
(B)(1) to (9)(12) of this section shall be based upon the number	21252
of full-time equivalent students. The state board of education	21253
shall adopt rules defining full-time equivalent students and for	21254
determining the average daily membership therefrom for the	21255
purposes of divisions (A), (B), and (D) of this section. No child	21256
shall be counted as more than a total of one child in the sum of	21257
the average daily memberships of a school district under division	21258
(A), divisions (B)(1) to (9)(12), or division (D) of this section,	21259
except as follows:	21260

(1) A child with a handicap described in section 3317.013 or	21261
division (F)(3) of section 3317.02 of the Revised Code may be	21262
counted both in formula ADM and in category one, two, or three,	21263
four, five, or six special education ADM and, if applicable, in	21264
category one or two vocational education ADM. As provided in	21265
division (C) of section 3317.02 of the Revised Code, such a child	21266
shall be counted in category one, two, or three, four, five, or	21267
six special education ADM in the same proportion that the child is	21268
counted in formula ADM.	21269

(2) A child enrolled in vocational education programs or	21270
classes described in section 3314.014 of the Revised Code may be	21271
counted both in formula ADM and category one or two vocational	21272
education ADM and, if applicable, in category one, two, or three,	21273
four, five, or six special education ADM. Such a child shall be	21274
counted in category one or two vocational education ADM in the	21275
same proportion as the percentage of time that the child spends in	21276
the vocational education programs or classes.	21277

Based on the information reported under this section, the	21278
department of education shall determine the total student count,	21279
as defined in section 3301.011 of the Revised Code, for each	21280
school district.	21281

(D)(1) The superintendent of each joint vocational school	21282
district shall certify to the superintendent of public instruction	21283
on or before the fifteenth day of October in each year for the	21284
first full school week in October the formula ADM, which shall	21285
consist of the average daily membership during such week, on an	21286
FTE basis, of the number of students receiving any educational	21287
services from the district, except that the following categories	21288
of students shall not be included in the determination:	21289

(a) Students enrolled in adult education classes;

21290

(b) Adjacent or other district joint vocational students	21291
enrolled in the district under an open enrollment policy pursuant	21292
to section 3313.98 of the Revised Code;	21293

(c) Students receiving services in the district pursuant to	21294
a compact, cooperative education agreement, or a contract, but who	21295
are entitled to attend school in a city, local, or exempted	21296
village school district whose territory is not part of the	21297
territory of the joint vocational district;	21298

(d) Students for whom tuition is payable pursuant to	21299
sections 3317.081 and 3323.141 of the Revised Code.	21300

(2) To enable the department of education to obtain the data	21301
needed to complete the calculation of payments pursuant to this	21302
chapter, in addition to the formula ADM, each superintendent shall	21303
report separately the average daily membership included in the	21304
report under division (D)(1) of this section for each of the	21305
following categories of students:	21306

(a) Students enrolled in each grade included in the joint	21307
vocational district schools;	21308

(b) Handicapped children receiving category one special	21309
education services,for the category one handicap described in	21310
division (A) of section 3317.013 of the Revised Code;	21311

(c) Handicapped children receiving category two special	21312
education services,for the category two handicaps described in	21313
division (B) of section 3317.013 of the Revised Code;	21314

(d) Handicapped children identified as having any of the	21315
receiving special education services for category three handicaps	21316
specifieddescribed in division (F)(3)(C) of section 3317.02	21317
3317.013 of the Revised Code;	21318

(e) Handicapped children receiving special education services	21319
for category four handicaps described in division (D) of section	21320
3317.013 of the Revised Code;	21321

(f) Handicapped children receiving special education	21322
services for the category five handicap described in division (E)	21323
of section 3317.013 of the Revised Code;	21324

(g) Handicapped children receiving special education	21325
services for category six handicaps described in division (F) of	21326
section 3317.013 of the Revised Code;	21327

(h) Students receiving category one vocational education	21328
services, described in division (A) of section 3317.014 of the	21329
Revised Code;	21330

(f)(i) Students receiving category two vocational education	21331
services, described in division (B) of section 3317.014 of the	21332
Revised Code.	21333

The superintendent of each joint vocational school district	21334
shall also indicate the city, local, or exempted village school	21335
district in which each joint vocational district pupil is entitled	21336
to attend school pursuant to section 3313.64 or 3313.65 of the	21337
Revised Code.	21338

(E) In each school of each city, local, exempted village,	21339
joint vocational, and cooperative education school district there	21340
shall be maintained a record of school membership, which record	21341
shall accurately show, for each day the school is in session, the	21342
actual membership enrolled in regular day classes. For the	21343
purpose of determining average daily membership, the membership	21344
figure of any school shall not include any pupils except those	21345
pupils described by division (A) of this section. The record of	21346
membership for each school shall be maintained in such manner that	21347
no pupil shall be counted as in membership prior to the actual	21348
date of entry in the school and also in such manner that where for	21349
any cause a pupil permanently withdraws from the school that pupil	21350
shall not be counted as in membership from and after the date of	21351
such withdrawal. There shall not be included in the membership of	21352
any school any of the following:	21353

(1) Any pupil who has graduated from the twelfth grade of a	21354
public high school;	21355

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

21356

(3) Any pupil who was enrolled in the schools of the	21357
district during the previous school year when tests were	21358
administered under section 3301.0711 of the Revised Code but did	21359
not take one or more of the tests required by that section and was	21360
not excused pursuant to division (C)(1) of that section;	21361

(4) Any pupil who has attained the age of twenty-two years,	21362
except for veterans of the armed services whose attendance was	21363
interrupted before completing the recognized twelve-year course of	21364
the public schools by reason of induction or enlistment in the	21365
armed forces and who apply for reenrollment in the public school	21366
system of their residence not later than four years after	21367
termination of war or their honorable discharge.	21368

If, however, any veteran described by division (E)(4)(b) of	21369
this section elects to enroll in special courses organized for	21370
veterans for whom tuition is paid under the provisions of federal	21371
laws, or otherwise, that veteran shall not be included in average	21372
daily membership.	21373

Notwithstanding division (E)(3) of this section, the	21374
membership of any school may include a pupil who did not take a	21375
test required by section 3301.0711 of the Revised Code if the	21376
superintendent of public instruction grants a waiver from the	21377
requirement to take the test to the specific pupil. The	21378
superintendent may grant such a waiver only for good cause in	21379
accordance with rules adopted by the state board of education.	21380

Except as provided in division (B)(2) of this section, the	21381
average daily membership figure of any local, city, exempted	21382
village, or joint vocational school district shall be determined	21383
by dividing the figure representing the sum of the number of	21384
pupils enrolled during each day the school of attendance is	21385
actually open for instruction during the first full school week in	21386
October by the total number of days the school was actually open	21387
for instruction during that week. For purposes of state funding,	21388
"enrolled" persons are only those pupils who are attending school,	21389
those who have attended school during the current school year and	21390
are absent for authorized reasons, and those handicapped children	21391
currently receiving home instruction.	21392

The average daily membership figure of any cooperative	21393
education school district shall be determined in accordance with	21394
rules adopted by the state board of education.	21395

(F)(1) If the formula ADM for the first full school week in	21396
February is at least three per cent greater than that certified	21397
for the first full school week in the preceding October, the	21398
superintendent of schools of any city, exempted village, or joint	21399
vocational school district or educational service center shall	21400
certify such increase to the superintendent of public instruction.	21401
Such certification shall be submitted no later than the fifteenth	21402
day of February. For the balance of the fiscal year, beginning	21403
with the February payments, the superintendent of public	21404
instruction shall use the increased formula ADM in calculating or	21405
recalculating the amounts to be allocated in accordance with	21406
section 3317.022 or 3317.16 of the Revised Code. In no event	21407
shall the superintendent use an increased membership certified to	21408
the superintendent after the fifteenth day of February.	21409

(2) If on the first school day of April the total number of	21410
classes or units for handicapped preschool children that are	21411
eligible for approval under division (B) of section 3317.05 of the	21412
Revised Code exceeds the number of units that have been approved	21413
for the year under that division, the superintendent of schools of	21414
any city, exempted village, or cooperative education school	21415
district or educational service center shall make the	21416
certifications required by this section for that day. If the	21417
state board of education determines additional units can be	21418
approved for the fiscal year within any limitations set forth in	21419
the acts appropriating moneys for the funding of such units, the	21420
board shall approve additional units for the fiscal year on the	21421
basis of such average daily membership. For each unit so	21422
approved, the department of education shall pay an amount computed	21423
in the manner prescribed in section 3317.1613317.052 or 3317.19	21424
and section 3317.1623317.053 of the Revised Code.	21425

(G)(1)(a) The superintendent of an institution operating a	21426
special education program pursuant to section 3323.091 of the	21427
Revised Code shall, for the programs under such superintendent's	21428
supervision, certify to the state board of education the average	21429
daily membership of all handicapped children in classes or	21430
programs approved annually by the state board of education, in the	21431
manner prescribed by the superintendent of public instruction.	21432

(b) The superintendent of an institution with vocational	21433
education units approved under division (A) of section 3317.05 of	21434
the Revised Code shall, for the units under the superintendent's	21435
supervision, certify to the state board of education the average	21436
daily membership in those units, in the manner prescribed by the	21437
superintendent of public instruction.	21438

(2) The superintendent of each county MR/DD board that	21439
maintains special education classes under section 3317.20 of the	21440
Revised Code or units approved by the state board of education	21441
pursuant to section 3317.05 of the Revised Code shall do both of	21442
the following:	21443

(a) Certify to the state board, in the manner prescribed by	21444
the board, the average daily membership in classes and units	21445
approved under division (D)(1) ofunder section 3317.053317.20 of	21446
the Revised Code for each school district that has placed children	21447
in the classes or units;	21448

(b) Certify to the state board, in the manner prescribed by	21449
the board, the number of all handicapped preschool children	21450
enrolled as of the first day of December in classes eligible for	21451
approval under division (B) of section 3317.05 of the Revised	21452
Code, and the number of those classes.	21453

(3)(a) If during the first full school week in February the	21454
average daily membership of the classes or units maintained by the	21455
county MR/DD board that are eligible for approval under division	21456
(D)(1) of section 3317.05 of the Revised Code is greater than the	21457
average daily membership for the preceding October, the	21458
superintendent of the board shall make the certifications required	21459
by this section for such week.	21460

(b) If on the first school day of April the number of	21461
classes or units maintained for handicapped preschool children by	21462
the county MR/DD board that are eligible for approval under	21463
division (B) of section 3317.05 of the Revised Code is greater	21464
than the number of units approved for the year under that	21465
division, the superintendent shall make the certification required	21466
by this section for that day.	21467

(c)(b) If the state board determines that additional classes	21468
or units can be approved for the fiscal year within any	21469
limitations set forth in the acts appropriating moneys for the	21470
funding of the classes and units described in division (G)(3)(a)	21471
or (b) of this section, the board shall approve and fund	21472
additional units for the fiscal year on the basis of such average	21473
daily membership. For each unit so approved, the department of	21474
education shall pay an amount computed in the manner prescribed in	21475
sections 3317.1613317.052 and 3317.1623317.053 of the Revised	21476
Code.	21477

(H) Except as provided in division (I) of this section, when	21478
any city, local, or exempted village school district provides	21479
instruction for a nonresident pupil whose attendance is	21480
unauthorized attendance as defined in section 3327.06 of the	21481
Revised Code, that pupil's membership shall not be included in	21482
that district's membership figure used in the calculation of that	21483
district's formula ADM or included in the determination of any	21484
unit approved for the district under section 3317.05 of the	21485
Revised Code. The reporting official shall report separately the	21486
average daily membership of all pupils whose attendance in the	21487
district is unauthorized attendance, and the membership of each	21488
such pupil shall be credited to the school district in which the	21489
pupil is entitled to attend school under division (B) of section	21490
3313.64 or section 3313.65 of the Revised Code as determined by	21491
the department of education.	21492

(I)(1) A city, local, exempted village, or joint vocational	21493
school district admitting a scholarship student of a pilot project	21494
district pursuant to division (C) of section 3313.976 of the	21495
Revised Code may count such student in its average daily	21496
membership.	21497

(2) In any year for which funds are appropriated for pilot	21498
project scholarship programs, a school district implementing a	21499
state-sponsored pilot project scholarship program that year	21500
pursuant to sections 3313.974 through 3313.979 of the Revised Code	21501
may count in average daily membership:	21502

(a) All children residing in the district and utilizing a	21503
scholarship to attend kindergarten in any alternative school, as	21504
defined in section 3313.974 of the Revised Code;	21505

(b) All children who were enrolled in the district in the	21506
preceding year who are utilizing a scholarship to attend any such	21507
alternative school.	21508

(J) The superintendent of each cooperative education school	21509
district shall certify to the superintendent of public	21510
instruction, in a manner prescribed by the state board of	21511
education, the applicable average daily memberships for all	21512
students in the cooperative education district, also indicating	21513
the city, local, or exempted village district where each pupil is	21514
entitled to attend school under section 3313.64 or 3313.65 of the	21515
Revised Code.	21516

Sec. 3317.05.  (A) For the purpose of calculating payments	21517
under sections 3317.1613317.052 and 3317.1623317.053 of the	21518
Revised Code, the state board of education shall determine for	21519
each institution, by the last day of January of each year and	21520
based on information certified under section 3317.03 of the	21521
Revised Code, the number of vocational education units or	21522
fractions of units approved by the state board on the basis of	21523
standards and rules adopted by the state board. As used in this	21524
division, "institution" means an institution operated by a	21525
department specified in section 3323.091 of the Revised Code and	21526
that provides vocational education programs under the supervision	21527
of the division of vocational education of the department of	21528
education that meet the standards and rules for these programs,	21529
including licensure of professional staff involved in the	21530
programs, as established by the state board of education.	21531

(B) For the purpose of calculating payments under sections	21532
3317.052, 3317.053, 3317.11, 3317.161, 3317.162, and 3317.19 of	21533
the Revised Code, the state board shall determine, based on	21534
information certified under section 3317.03 of the Revised Code,	21535
the following by the last day of January of each year for each	21536
educational service center, for each school district, including	21537
each cooperative education school district, for each institution	21538
eligible for payment under section 3323.091 of the Revised Code,	21539
and for each county MR/DD board: the number of classes operated	21540
by the school district, service center, institution, or county	21541
MR/DD board for handicapped preschool children, or fraction	21542
thereof, including in the case of a district or service center	21543
that is a funding agent, classes taught by a licensed teacher	21544
employed by that district or service center under section 3313.841	21545
of the Revised Code, approved annually by the state board on the	21546
basis of standards and rules adopted by the state board.	21547

(C) For the purpose of calculating payments under sections	21548
3317.052, 3317.053, 3317.11, 3317.161, 3317.162, and 3317.19 of	21549
the Revised Code, the state board shall determine, based on	21550
information certified under section 3317.03 of the Revised Code,	21551
the following by the last day of January of each year for each	21552
school district, including each cooperative education school	21553
district, for each institution eligible for payment under section	21554
3323.091 of the Revised Code, and for each county MR/DD board: the	21555
number of preschool handicapped related services units for child	21556
study, occupational, physical, or speech and hearing therapy,	21557
special education supervisors, and special education coordinators	21558
approved annually by the state board on the basis of standards and	21559
rules adopted by the state board.	21560

(D) For the purpose of calculating payments under sections	21561
3317.1613317.052 and 3317.1623317.053 of the Revised Code, the	21562
state board shall determine, based on information certified under	21563
section 3317.03 of the Revised Code, the following by the last day	21564
of January of each year for each institution eligible for payment	21565
under section 3323.091 of the Revised Code, and for each county	21566
MR/DD board:	21567

(1) The number of classes operated by an institution or	21568
county MR/DD board for handicapped children other than handicapped	21569
preschool children, or fraction thereof, approved annually by the	21570
state board on the basis of standards and rules adopted by the	21571
state board;	21572

(2) The number of related services units for children other	21573
than handicapped preschool children for child study, occupational,	21574
physical, or speech and hearing therapy, special education	21575
supervisors, and special education coordinators approved annually	21576
by the state board on the basis of standards and rules adopted by	21577
the state board.	21578

(E) All of the arithmetical calculations made under this	21579
section shall be carried to the second decimal place. The total	21580
number of units for school districts, service centers, and	21581
institutions approved annually by the state board under this	21582
section shall not exceed the number of units included in the state	21583
board's estimate of cost for these units and appropriations made	21584
for them by the general assembly.	21585

In the case of units described in division (D)(1) of this	21586
section operated by county MR/DD boards and institutions eligible	21587
for payment under section 3323.091 of the Revised Code, the state	21588
board shall approve only units for persons who are under age	21589
twenty-two on the first day of the academic year, but not less	21590
than six years of age on the thirtieth day of September of that	21591
year, except that such a unit may include one or more children who	21592
are under six years of age on the thirtieth day of September if	21593
such children have been admitted to the unit pursuant to rules of	21594
the state board. In the case of handicapped preschool units	21595
described in division (B) of this section operated by county MR/DD	21596
boards and institutions eligible for payment under section	21597
3323.091 of the Revised Code, the state board shall approve only	21598
preschool units for children who are under age six but not less	21599
than age three on the thirtieth day of September of the academic	21600
year, except that such a unit may include one or more children who	21601
are under age three or are age six or over on the thirtieth day of	21602
September if such children have been admitted to the unit pursuant	21603
to rules of the state board of education. The number of units for	21604
county MR/DD boards and institutions eligible for payment under	21605
section 3323.091 of the Revised Code approved by the state board	21606
under this section shall not exceed the number that can be funded	21607
with appropriations made for such purposes by the general	21608
assembly.	21609

No unit shall be approved under divisions (B) to (D) of this	21610
section unless a plan has been submitted and approved under	21611
Chapter 3323. of the Revised Code.	21612

(F) The department shall approve units or fractions thereof	21613
for gifted children on the basis of standards and rules adopted by	21614
the board.	21615

Sec. 3317.051.  (A)(1) Notwithstanding sections 3317.05 and	21616
3317.11 of the Revised Code, a unit funded pursuant to division	21617
(P) of section 3317.024 or division (A)(2) of section 3317.161	21618
3317.052 of the Revised Code shall not be approved for state	21619
funding in one school district, including any cooperative	21620
education school district or any educational service center, to	21621
the extent that such unit provides programs in or services to	21622
another district which receives payment pursuant to section	21623
3317.04 of the Revised Code.	21624

(2) Any city, local, exempted village, or cooperative	21625
education school district or any educational service center may	21626
combine partial unit eligibility for handicapped preschool	21627
programs pursuant to section 3317.05 of the Revised Code, and such	21628
combined partial units may be approved for state funding in one	21629
school district or service center.	21630

(B) After units have been initially approved for any fiscal	21631
year under section 3317.05 of the Revised Code, no unit shall be	21632
subsequently transferred from a school district or educational	21633
service center to another city, exempted village, local, or	21634
cooperative education school district or educational service	21635
center or to an institution or county MR/DD board solely for the	21636
purpose of reducing the financial obligations of the school	21637
district in a fiscal year it receives payment pursuant to section	21638
3317.04 of the Revised Code.	21639

Sec. 3317.161.        Sec. 3317.052.  As used in this section,	21640
"institution" means an institution operated by a department	21641
specified in section 3323.091 of the Revised Code.	21642

(A)(1) The department of education shall pay each school	21643
district, educational service center, institution eligible for	21644
payment under section 3323.091 of the Revised Code, or county	21645
MR/DD board an amount for the total of all classroom units for	21646
handicapped preschool children approved under division (B) of	21647
section 3317.05 of the Revised Code. For each unit, the amount	21648
shall be the sum of the minimum salary for the teacher of the	21649
unit, calculated on the basis of the teacher's training level and	21650
years of experience pursuant to the salary schedule prescribed in	21651
the version of section 3317.13 of the Revised Code in effect prior	21652
to the effective date of this amendment, plus fifteen per cent of	21653
that minimum salary amount, and eight thousand twenty-three	21654
dollars.	21655

(2) The department shall pay each school district,	21656
educational service center, institution eligible for payment under	21657
section 3323.091 of the Revised Code, or county MR/DD board an	21658
amount for the total of all related services units for handicapped	21659
preschool children approved under division (C) of section 3317.05	21660
of the Revised Code. For each such unit, the amount shall be the	21661
sum of the minimum salary for the teacher of the unit calculated	21662
on the basis of the teacher's training level and years of	21663
experience pursuant to the salary schedule prescribed in the	21664
version of section 3317.13 of the Revised Code in effect prior to	21665
the effective date of this amendment, fifteen per cent of that	21666
minimum salary amount, and two thousand one hundred thirty-two	21667
dollars.	21668

(B) If a school district or, educational service center has	21669
had additional handicapped preschool units approved for the year	21670
under division (F)(2) of section 3317.03 of the Revised Code, or	21671
if a county MR/DD board has had additional handicapped preschool	21672
units approved for the year under division (F)(2) or (G)(3) of	21673
section 3317.03 of the Revised Code, the district, educational	21674
service center, or board shall receive an additional amount during	21675
the last half of the fiscal year. For each district, center, or	21676
board, the additional amount for each unit shall equal fifty per	21677
cent of the amounts computed for the unit in the manner prescribed	21678
by division (A) of this section and division (C) of section	21679
3317.1623317.053 of the Revised Code.	21680

(C)(1) The department shall pay each institution eligible	21681
for payment under section 3323.091 of the Revised Code or county	21682
MR/DD board an amount for the total of all special education units	21683
approved under division (D)(1) of section 3317.05 of the Revised	21684
Code. The amount for each unit shall be the sum of the minimum	21685
salary for the teacher of the unit, calculated on the basis of the	21686
teacher's training level and years of experience pursuant to the	21687
salary schedule prescribed in the version of section 3317.13 of	21688
the Revised Code in effect prior to the effective date of this	21689
amendment, plus fifteen per cent of that minimum salary amount,	21690
and eight thousand twenty-three dollars.	21691

(2) The department shall pay each institution eligible for	21692
payment under section 3323.091 of the Revised Code or county MR/DD	21693
board an amount for the total of all related services units	21694
approved under division (D)(2) of section 3317.05 of the Revised	21695
Code. The amount for each unit shall be the sum of the minimum	21696
salary for the teacher of the unit, calculated on the basis of the	21697
teacher's training level and years of experience pursuant to the	21698
salary schedule prescribed in the version of section 3317.13 of	21699
the Revised Code in effect prior to the effective date of this	21700
amendment, plus fifteen per cent of that minimum salary amount,	21701
and two thousand one hundred thirty-two dollars.	21702

(3) If a county MR/DD board has had additional units for	21703
handicapped children other than handicapped preschool children	21704
approved under division (G)(3) of section 3317.03 of the Revised	21705
Code, the board shall receive an additional amount during the last	21706
half of the fiscal year. For each board, the additional amount	21707
for each unit shall equal fifty per cent of the amount computed	21708
for the unit in the manner prescribed by division (C)(1) of this	21709
section and division (C) of section 3317.162 of the Revised Code.	21710

(D) The department shall pay each institution approved for	21711
vocational education units under division (A) of section 3317.05	21712
of the Revised Code an amount for the total of all the units	21713
approved under that division. The amount for each unit shall be	21714
the sum of the minimum salary for the teacher of the unit,	21715
calculated on the basis of the teacher's training level and years	21716
of experience pursuant to the salary schedule prescribed in the	21717
version of section 3317.13 of the Revised Code in effect prior to	21718
the effective date of this amendment, plus fifteen per cent of	21719
that minimum salary amount, and nine thousand five hundred ten	21720
dollars.	21721

Sec. 3317.162.        Sec. 3317.053.  (A) As used in this section:

21722

(1) "State share percentage" has the same meaning as in	21723
section 3317.022 of the Revised Code.	21724

(2) "Dollar amount" means the amount shown in the following	21725
table for the corresponding type of unit and the appropriate	21726
fiscal year:	21727

(3) "Average unit amount" means the amount shown in the	21734
following table for the corresponding type of unit:	21735

(B) In the case of each unit described in division (B), (C),	21742
or (F) of section 3317.05 of the Revised Code and allocated to a	21743
city, local, or exempted village school district, the department	21744
of education, in addition to the amounts specified in division (P)	21745
of section 3317.024 and sections 3317.1613317.052 and 3317.19 of	21746
the Revised Code, shall pay a supplemental unit allowance equal to	21747
the sum of the following amounts:	21748

(1) An amount equal to 50% of the average unit amount for	21749
the unit;	21750

(2) An amount equal to the percentage of the dollar amount	21751
for the unit that equals the district's state share percentage.	21752

If, prior to the fifteenth day of May of a fiscal year, a	21753
school district's aid computed under section 3317.022 of the	21754
Revised Code is recomputed pursuant to section 3317.027 or	21755
3317.028 of the Revised Code, the department shall also recompute	21756
the district's entitlement to payment under this section utilizing	21757
a new state share percentage. Such new state share percentage	21758
shall be determined using the district's recomputed basic aid	21759
amount pursuant to section 3317.027 or 3317.028 of the Revised	21760
Code. During the last six months of the fiscal year, the	21761
department shall pay the district a sum equal to one-half of the	21762
recomputed payment in lieu of one-half the payment otherwise	21763
calculated under this section.	21764

(C)(1) In the case of each unit allocated to an institution	21765
pursuant to division (A) of section 3317.05 of the Revised Code,	21766
the department, in addition to the amount specified in section	21767
3317.1613317.052 of the Revised Code, shall pay a supplemental	21768
unit allowance of $7,227.	21769

(2) In the case of each unit described in division (B) or	21770
(D)(1) of section 3317.05 of the Revised Code that is allocated to	21771
any entity other than a city, exempted village, or local school	21772
district, the department, in addition to the amount specified in	21773
section 3317.1613317.052 of the Revised Code, shall pay a	21774
supplemental unit allowance of $7,799.	21775

(3) In the case of each unit described in division (C) or	21776
(D)(2) of section 3317.05 of the Revised Code and allocated to any	21777
entity other than a city, exempted village, or local school	21778
district, the department, in addition to the amounts specified in	21779
section 3317.1613317.052 of the Revised Code, shall pay a	21780
supplemental unit allowance of $2,966.	21781

(4) In the case of each unit described in division (F) of	21782
section 3317.05 of the Revised Code and allocated to an	21783
educational service center, the department, in addition to the	21784
amounts specified in division (P) of section 3317.024 of the	21785
Revised Code, shall pay a supplemental unit allowance of $4,251 in	21786
fiscal year 2000 and $5,251 in fiscal year 2001.	21787

Sec. 3317.06.  Moneys paid to school districts under division	21788
(L) of section 3317.024 of the Revised Code shall be used for the	21789
following independent and fully severable purposes:	21790

(A) To purchase such secular textbooks or electronic	21791
textbooks as have been approved by the superintendent of public	21792
instruction for use in public schools in the state and to loan	21793
such textbooks or electronic textbooks to pupils attending	21794
nonpublic schools within the district or to their parents and to	21795
hire clerical personnel to administer such lending program. Such	21796
loans shall be based upon individual requests submitted by such	21797
nonpublic school pupils or parents. Such requests shall be	21798
submitted to the school district in which the nonpublic school is	21799
located. Such individual requests for the loan of textbooks or	21800
electronic textbooks shall, for administrative convenience, be	21801
submitted by the nonpublic school pupil or the pupil's parent to	21802
the nonpublic school, which shall prepare and submit collective	21803
summaries of the individual requests to the school district. As	21804
used in this section:	21805

(1) "Textbook" means any book or book substitute that a	21806
pupil uses as a consumable or nonconsumable text, text substitute,	21807
or text supplement in a particular class or program in the school	21808
the pupil regularly attends.	21809

(2) "Electronic textbook" means computer software,	21810
interactive videodisc, magnetic media, CD-ROM, computer	21811
courseware, local and remote computer assisted instruction,	21812
on-line service, electronic medium, or other means of conveying	21813
information to the student or otherwise contributing to the	21814
learning process through electronic means.	21815

(B) To provide speech and hearing diagnostic services to	21816
pupils attending nonpublic schools within the district. Such	21817
service shall be provided in the nonpublic school attended by the	21818
pupil receiving the service.	21819

(C) To provide physician, nursing, dental, and optometric	21820
services to pupils attending nonpublic schools within the	21821
district. Such services shall be provided in the school attended	21822
by the nonpublic school pupil receiving the service.	21823

(D) To provide diagnostic psychological services to pupils	21824
attending nonpublic schools within the district. Such services	21825
shall be provided in the school attended by the pupil receiving	21826
the service.	21827

(E) To provide therapeutic psychological and speech and	21828
hearing services to pupils attending nonpublic schools within the	21829
district. Such services shall be provided in the public school,	21830
in nonpublic schools, in public centers, or in mobile units	21831
located on or off of the nonpublic premises. If such services are	21832
provided in the public school or in public centers, transportation	21833
to and from such facilities shall be provided by the school	21834
district in which the nonpublic school is located.	21835

(F) To provide guidance and counseling services to pupils	21836
attending nonpublic schools within the district. Such services	21837
shall be provided in the public school, in nonpublic schools, in	21838
public centers, or in mobile units located on or off of the	21839
nonpublic premises. If such services are provided in the public	21840
school or in public centers, transportation to and from such	21841
facilities shall be provided by the school district in which the	21842
nonpublic school is located.	21843

(G) To provide remedial services to pupils attending	21844
nonpublic schools within the district. Such services shall be	21845
provided in the public school, in nonpublic schools, in public	21846
centers, or in mobile units located on or off of the nonpublic	21847
premises. If such services are provided in the public school or	21848
in public centers, transportation to and from such facilities	21849
shall be provided by the school district in which the nonpublic	21850
school is located.	21851

(H) To supply for use by pupils attending nonpublic schools	21852
within the district such standardized tests and scoring services	21853
as are in use in the public schools of the state;	21854

(I) To provide programs for children who attend nonpublic	21855
schools within the district and are handicapped children as	21856
defined in division (A) of section 3323.01 of the Revised Code or	21857
gifted children. Such programs shall be provided in the public	21858
school, in nonpublic schools, in public centers, or in mobile	21859
units located on or off of the nonpublic premises. If such	21860
programs are provided in the public school or in public centers,	21861
transportation to and from such facilities shall be provided by	21862
the school district in which the nonpublic school is located.	21863

(J) To hire clerical personnel to assist in the	21864
administration of programs pursuant to divisions (B), (C), (D),	21865
(E), (F), (G), and (I) of this section and to hire supervisory	21866
personnel to supervise the providing of services and textbooks	21867
pursuant to this section.	21868

(K) To purchase or lease any secular, neutral, and	21869
nonideological computer software (including site-licensing),	21870
prerecorded video laserdiscs, digital video on demand (DVD),	21871
compact discs, and video cassette cartridges, wide area	21872
connectivity and related technology as it relates to internet	21873
access, mathematics or science equipment and materials,	21874
instructional materials, and school library materials that are in	21875
general use in the public schools of the state and loan such items	21876
to pupils attending nonpublic schools within the district or to	21877
their parents, and to hire clerical personnel to administer the	21878
lending program. Only such items that are incapable of diversion	21879
to religious use and that are susceptible of loan to individual	21880
pupils and are furnished for the use of individual pupils shall be	21881
purchased and loaned under this division. As used in this	21882
section, "instructional materials" means prepared learning	21883
materials that are secular, neutral, and nonideological in	21884
character and are of benefit to the instruction of school	21885
children, and may include educational resources and services	21886
developed by the Ohio schoolnet commission.	21887

(L) To purchase or lease instructional equipment, including	21888
computer hardware and related equipment in general use in the	21889
public schools of the state, for use by pupils attending nonpublic	21890
schools within the district and to loan such items to pupils	21891
attending nonpublic schools within the district or to their	21892
parents, and to hire clerical personnel to administer the lending	21893
program.	21894

(M) To purchase mobile units to be used for the provision of	21895
services pursuant to divisions (E), (F), (G), and (I) of this	21896
section and to pay for necessary repairs and operating costs	21897
associated with these units.	21898

Clerical and supervisory personnel hired pursuant to division	21899
(J) of this section shall perform their services in the public	21900
schools, in nonpublic schools, public centers, or mobile units	21901
where the services are provided to the nonpublic school pupil,	21902
except that such personnel may accompany pupils to and from the	21903
service sites when necessary to ensure the safety of the children	21904
receiving the services.	21905

All services provided pursuant to this section may be	21906
provided under contract with educational service centers, the	21907
department of health, city or general health districts, or private	21908
agencies whose personnel are properly licensed by an appropriate	21909
state board or agency.	21910

Transportation of pupils provided pursuant to divisions (E),	21911
(F), (G), and (I) of this section shall be provided by the school	21912
district from its general funds and not from moneys paid to it	21913
under division (L) of section 3317.024 of the Revised Code unless	21914
a special transportation request is submitted by the parent of the	21915
child receiving service pursuant to such divisions. If such an	21916
application is presented to the school district, it may pay for	21917
the transportation from moneys paid to it under division (L) of	21918
section 3317.024 of the Revised Code.	21919

No school district shall provide health or remedial services	21920
to nonpublic school pupils as authorized by this section unless	21921
such services are available to pupils attending the public schools	21922
within the district.	21923

Materials, equipment, computer hardware or software,	21924
textbooks, electronic textbooks, and health and remedial services	21925
provided for the benefit of nonpublic school pupils pursuant to	21926
this section and the admission of pupils to such nonpublic schools	21927
shall be provided without distinction as to race, creed, color, or	21928
national origin of such pupils or of their teachers.	21929

No school district shall provide services, materials, or	21930
equipment that contain religious content for use in religious	21931
courses, devotional exercises, religious training, or any other	21932
religious activity.	21933

As used in this section, "parent" includes a person standing	21934
in loco parentis to a child.	21935

Notwithstanding section 3317.01 of the Revised Code, payments	21936
shall be made under this section to any city, local, or exempted	21937
village school district within which is located one or more	21938
nonpublic elementary or high schools and any payments made to	21939
school districts under division (L) of section 3317.024 of the	21940
Revised Code for purposes of this section may be disbursed without	21941
submission to and approval of the controlling board.	21942

The allocation of payments for materials, equipment,	21943
textbooks, electronic textbooks, health services, and remedial	21944
services to city, local, and exempted village school districts	21945
shall be on the basis of the state board of education's estimated	21946
annual average daily membership in nonpublic elementary and high	21947
schools located in the district.	21948

Payments made to city, local, and exempted village school	21949
districts under this section shall be equal to specific	21950
appropriations made for the purpose. All interest earned by a	21951
school district on such payments shall be used by the district for	21952
the same purposes and in the same manner as the payments may be	21953
used.	21954

The department of education shall adopt guidelines and	21955
procedures under which such programs and services shall be	21956
provided, under which districts shall be reimbursed for	21957
administrative costs incurred in providing such programs and	21958
services, and under which any unexpended balance of the amounts	21959
appropriated by the general assembly to implement this section may	21960
be transferred to the auxiliary services personnel unemployment	21961
compensation fund established pursuant to section 4141.47 of the	21962
Revised Code. The department shall also adopt guidelines and	21963
procedures limiting the purchase and loan of the items described	21964
in division (K) of this section to items that are in general use	21965
in the public schools of the state, that are incapable of	21966
diversion to religious use, and that are susceptible to individual	21967
use rather than classroom use. Within thirty days after the end	21968
of each biennium, each board of education shall remit to the	21969
department all moneys paid to it under division (L) of section	21970
3317.024 of the Revised Code and any interest earned on those	21971
moneys that are not required to pay expenses incurred under this	21972
section during the biennium for which the money was appropriated	21973
and during which the interest was earned. If a board of education	21974
subsequently determines that the remittal of moneys leaves the	21975
board with insufficient money to pay all valid expenses incurred	21976
under this section during the biennium for which the remitted	21977
money was appropriated, the board may apply to the department of	21978
education for a refund of money, not to exceed the amount of the	21979
insufficiency. If the department determines the expenses were	21980
lawfully incurred and would have been lawful expenditures of the	21981
refunded money, it shall certify its determination and the amount	21982
of the refund to be made to the director of job and family	21983
services who shall make a refund as provided in section 4141.47 of	21984
the Revised Code.	21985

Sec. 3317.064.  (A) There is hereby established in the state	21986
treasury the auxiliary services mobile unit replacement and repair	21987
fund. By the thirtieth day of January of each odd-numbered year,	21988
the director of job and family services and the superintendent of	21989
public instruction shall determine the amount of any excess moneys	21990
in the auxiliary services personnel unemployment compensation fund	21991
not reasonably necessary for the purposes of section 4141.47 of	21992
the Revised Code, and shall certify such amount to the director of	21993
budget and management for transfer to the auxiliary services	21994
mobile unit replacement and repair fund. If the director of jobs	21995
job and family services and the superintendent disagree on such	21996
amount, the director of budget and management shall determine the	21997
amount to be transferred.	21998

(B) Moneys in the auxiliary services mobile unit replacement	21999
and repair fund shall be used for the relocation or for the	22000
replacement and repair of mobile units used to provide the	22001
services specified in division (E), (F), (G), or (I) of section	22002
3317.06 of the Revised Code and for no other purposes. The state	22003
board of education shall adopt guidelines and procedures for	22004
replacement, repair, and relocation of mobile units and the	22005
procedures under which a school district may apply to receive	22006
moneys with which to repair or replace or relocate such units.	22007

(C) School districts may apply to the department for moneys	22008
from the auxiliary services mobile unit replacement and repair	22009
fund for payment of incentives for early retirement and severance	22010
for school district personnel assigned to provide services	22011
authorized by section 3317.06 of the Revised Code at chartered	22012
nonpublic schools. The portion of the cost of any early	22013
retirement or severance incentive for any employee that is paid	22014
using money from the auxiliary services mobile unit replacement	22015
and repair fund shall not exceed the percentage of such employee's	22016
total service credit that the employee spent providing services	22017
to chartered nonpublic school students under section 3317.06 of	22018
the Revised Code.	22019

Sec. 3317.10.  (A) On or before the first day of March of	22020
each year, the department of job and family services shall certify	22021
to the state board of education the unduplicated number of	22022
children ages five through seventeen residing in each school	22023
district and living in a family that participated in Ohio works	22024
first under Chapter 5107. of the Revised Code, during the	22025
preceding October, had family income not exceeding the federal	22026
poverty guidelines as defined in section 5101.46 of the Revised	22027
Code and participated in one of the following:	22028

(1) Ohio works first;

22029

(2) The food stamp program;

22030

(3) The medical assistance program, including the healthy	22031
start program, established under Chapter 5111. of the Revised	22032
Code;	22033

(4) The children's health insurance program part I	22034
established under section 5101.50 of the Revised Code;	22035

(5) The disability assistance program established under	22036
Chapter 5115. of the Revised Code.	22037

The department of job and family services shall certify this	22038
information according to the school district of residence for	22039
each child. Except as provided under division (B) of this	22040
section, the number of children so certified in any year shall be	22041
used by the department of education in calculating the	22042
distribution of moneys for the ensuing fiscal year as provided in	22043
section 3317.029 of the Revised Code.	22044

(B) Upon the transfer of part of the territory of one school	22045
district to the territory of one or more other school districts,	22046
the department of education may adjust the number of children	22047
certified under division (A) of this section for any district	22048
gaining or losing territory in such a transfer in order to take	22049
into account the effect of the transfer on the number of such	22050
children ages five through seventeen who reside in the district	22051
and live in a family that participates in Ohio works first. Within	22052
sixty days of receipt of a request for information from the	22053
department of education, the department of job and family services	22054
shall provide any information the department of education	22055
determines is necessary to make such adjustments. The department	22056
of education may use the adjusted number for any district for the	22057
applicable fiscal year, in lieu of the number certified for the	22058
district for that fiscal year under division (A) of this section,	22059
in the calculation of the distribution of moneys provided in	22060
section 3317.029 of the Revised Code.	22061

Sec. 3317.11.  (A) Annually, on or before a date designated	22062
by the state board of education, each educational service center	22063
governing board shall prepare a budget of operating expenses for	22064
the ensuing year for the service center on forms prepared and	22065
furnished by the state board of education and shall certify the	22066
budget to the state board of education, together with such other	22067
information as the board may require. Such budget shall consist	22068
of two parts. Part (A) shall include the cost of the salaries,	22069
employers retirement contributions, and travel expenses of	22070
supervisory teachers approved by the state board of education. The	22071
amount derived from the calculation for such units in part (A) of	22072
the governing board budget shall be the sum of:	22073

(1) The sum of the minimum salaries calculated, pursuant to	22074
section 3317.13 of the Revised Code, for each approved licensed	22075
employee of the governing board;	22076

(2) An additional salary allowance proportional to the	22077
length of the extended term of service not to exceed three months	22078
for each supervisory and child study teacher whose term of service	22079
in any year is extended beyond the terms of service of regular	22080
classroom teachers;	22081

(3) An allowance equal to fifteen per cent of the amount	22082
computed under division (A)(1) of this section;	22083

(4) An allowance for necessary travel expenses, for each of	22084
the personnel approved in part (A) of the budget, limited to two	22085
hundred twenty-three dollars and sixteen cents per month, or two	22086
thousand six hundred seventy-eight dollars per year per person	22087
employed, whichever is the lesser.	22088

Part (B) shall include the cost of all other lawful	22089
expenditures of the governing board. The state board of education	22090
shall review such budget and may approve, increase, or decrease	22091
such budget.	22092

The governing board shall be reimbursed by the state board of	22093
education from state funds for the cost of part (A) of the budget.	22094
The governing board shall be reimbursed by the state board of	22095
education, from state funds for the cost of part (B) of the	22096
approved budget that is in excess of six dollars and fifty cents	22097
times the service center ADM. If the governing board provides	22098
services to city or exempted village school districts pursuant to	22099
section 3313.843 of the Revised Code, the governing board shall be	22100
reimbursed from state funds for the cost of part (B) of the budget	22101
that is in excess of six dollars and fifty cents times the sum of	22102
the service center ADM and the client ADMs of the city or exempted	22103
village districts to which such services are provided. The cost	22104
of part (B) not in excess of six dollars and fifty cents times the	22105
number of such ADM shall be apportioned by the state board of	22106
education among the local school districts in the territory of the	22107
service center, or among all districts to which the governing	22108
board provides services, on the basis of the total number of	22109
pupils in each school district.	22110

If part (B) of the budget is in excess of that approved by	22111
the state board of education, the excess cost shall be apportioned	22112
by the state board of education among the local school districts	22113
in the territory of the service center on the basis of the total	22114
number of such pupils in each such school district, provided that	22115
a majority of the boards of education of such local school	22116
districts approve such apportionment. The state board of	22117
education shall initiate and supervise the procedure by which the	22118
local boards shall approve or disapprove such apportionment.	22119

The amounts so apportioned shall be certified to the	22120
treasurers of the various school districts. In the case of each	22121
district such amount shall be deducted by the state board of	22122
education from funds allocated to the district pursuant to	22123
division (E) of section 3317.023 of the Revised Code.	22124

The state board of education shall certify to the director of	22125
budget and management for payment the total of the deductions,	22126
whereupon the amount shall be paid to the governing board of each	22127
service center, to be deposited to the credit of a separate fund,	22128
hereby created, to be known as the educational service center	22129
governing board fund.	22130

An educational service center may provide special education	22131
to students in its local districts or in client districts. A	22132
service center is eligible for funding under division (J) of	22133
section 3317.024 of the Revised Code and eligible for state	22134
subsidies for the purchase of school buses under section 3317.07	22135
of the Revised Code. Special education units for gifted children	22136
may be operated by a governing board. Vocational education may be	22137
provided by a governing board. A governing board may conduct	22138
driver education for pupils enrolled in a high school for which	22139
the state board of education prescribes minimum standards.	22140

Every local school district shall be provided supervisory	22141
services by its governing board as approved by the state board of	22142
education. A city or exempted village school district shall be	22143
considered to be provided supervisory services by a governing	22144
board if it has entered into an agreement for the governing board	22145
to provide any services under section 3313.843 of the Revised	22146
Code. Supervisory services shall not exceed one supervisory	22147
teacher for the first fifty classroom teachers employed in all	22148
districts that are provided supervisory services calculated under	22149
section 3317.023 of the Revised Code and one supervisory teacher	22150
for every additional one hundred such classroom teachers so	22151
calculated. Reimbursement for such supervisory services shall be	22152
a deduction by the state board of education from the payment to	22153
the school district pursuant to division (E) of section 3317.023	22154
of the Revised Code. Deductions for all supervisory services and	22155
extended services for supervisory and child study shall be	22156
apportioned among local school districts within the territory of	22157
the service center and any city or exempted village districts that	22158
have entered into agreements with a service center pursuant to	22159
section 3313.843 of the Revised Code by the state board of	22160
education on the basis of the total number of pupils in each	22161
school district, except that where such services are provided to	22162
districts other than local school districts within the service	22163
center territory and city or exempted village districts having	22164
agreements with the service center, such charges shall be	22165
apportioned among all participating districts on the basis of the	22166
total number of pupils in each school district. All deductions	22167
from state funding to school districts required for reimbursement	22168
of governing boards by division (E) of section 3317.023 of the	22169
Revised Code shall be made from the total of the payment computed	22170
for the district under this chapter, after making any other	22171
adjustments in that payment required by law.	22172

(B)(1) In addition to the payments made under division (A)	22173
of this section, except as otherwise provided in division (C) of	22174
this section, the department of education shall pay each governing	22175
board the amount in the following schedule for the specified	22176
fiscal year,thirty-seven dollars times the sum of the service	22177
center ADM and the sum of the client ADMs of all its client	22178
districts:	22179

(a) In fiscal year 2000, thirty-six dollars;

22180

(b) Inin fiscal year 2001, thirty-seven dollarsyears 2002	22181
and 2003.	22182

(2) In addition to other payments under this section, the	22183
department shall pay each educational service center the amounts	22184
due to it from school districts pursuant to contracts, compacts,	22185
or agreements under which the service center furnishes services to	22186
the districts or their students. In order to receive payment	22187
under this division, an educational service center shall furnish	22188
either a copy of the applicable contract, compact, or agreement	22189
clearly indicating the amounts of the payments, or a written	22190
statement of the payments owed signed by the superintendent or	22191
treasurer of the responsible school district.	22192

The amounts paid to service centers under division (B)(2) of	22193
this section shall be deducted from payments to school districts	22194
pursuant to division (K)(2) of section 3317.023 of the Revised	22195
Code.	22196

(C) Each multicounty service center shall receive a payment	22197
each fiscal year equal to forty dollars and fifty-two cents times	22198
the sum of the service center ADM and the client ADMs of all its	22199
client districts.	22200

(D) Each city, exempted village, local, joint vocational, or	22201
cooperative education school district shall pay to the governing	22202
board of an educational service center any amounts agreed to for	22203
each child enrolled in the district who receives special education	22204
and related services or vocational education from the educational	22205
service center.	22206

(E) As used in this section:

22207

(1) "Service center ADM" means the total of each of the	22208
following for all local school districts within the limits of an	22209
educational service center's territory:	22210

(a) The formula ADM;

22211

(b) The kindergarten average daily membership included in	22212
the formula ADM;	22213

(c) Three-quarters of the number of students reported under	22214
division (B)(4) of section 3317.03 of the Revised Code;	22215

(d) The average daily membership of handicapped preschool	22216
children reported under division (B)(2) of section 3317.03 of the	22217
Revised Code;	22218

(e) The number of preschool students certified under	22219
division (B) of section 3317.032 of the Revised Code.	22220

(2) "Client ADM" means the total of each number described	22221
under divisions (E)(1)(a) to (e) of this section for a client	22222
district.	22223

(3) "Client district" means a city or exempted village school	22224
district that has entered into an agreement to receive services	22225
from a service center pursuant to section 3313.843 of the Revised	22226
Code.	22227

(4) "Multicounty service center" means a service center that	22228
includes territory that formerly was included in the territory of	22229
at least three former service centers or county school districts,	22230
which former centers or districts engaged in one or more mergers	22231
pursuant to section 3311.053 of the Revised Code to form the	22232
present center.	22233

Sec. 3317.13.  (A) As used in this section and section	22234
3317.14 of the Revised Code:	22235

(1) "Years of service" includes the following:

22236

(a) All years of teaching service in the same school	22237
district or educational service center, regardless of training	22238
level, with each year consisting of at least one hundred twenty	22239
days under a teacher's contract;	22240

(b) All years of teaching service in a chartered, nonpublic	22241
school located in Ohio as a teacher licensed pursuant to section	22242
3319.22 of the Revised Code or in another public school,	22243
regardless of training level, with each year consisting of at	22244
least one hundred twenty days under a teacher's contract;	22245

(c) All years of teaching service in a chartered school or	22246
institution or a school or institution that subsequently became	22247
chartered or a chartered special education program or a special	22248
education program that subsequently became chartered operated by	22249
the state or by a subdivision or other local governmental unit of	22250
this state as a teacher licensed pursuant to section 3319.22 of	22251
the Revised Code, regardless of training level, with each year	22252
consisting of at least one hundred twenty days; and	22253

(d) All years of active military service in the armed forces	22254
of the United States, as defined in section 3307.75 of the Revised	22255
Code, to a maximum of five years. For purposes of this	22256
calculation, a partial year of active military service of eight	22257
continuous months or more in the armed forces shall be counted as	22258
a full year.	22259

(2) "Teacher" means all teachers employed by the board of	22260
education of any school district, including any cooperative	22261
education or joint vocational school district and all teachers	22262
employed by any educational service center governing board.	22263

(B) No teacher shall be paid a salary less than that	22264
provided in the schedule set forth in division (C) of this	22265
section. In calculating the minimum salary any teacher shall be	22266
paid pursuant to this section, years of service shall include the	22267
sum of all years of the teacher's teaching service included in	22268
divisions (A)(1)(a), (b), (c), and (d) of this section; except	22269
that any school district or educational service center employing a	22270
teacher new to the district or educational service center shall	22271
grant such teacher a total of not more than ten years of service	22272
pursuant to divisions (A)(1)(b), (c), and (d) of this section.	22273

Upon written complaint to the superintendent of public	22274
instruction that the board of education of a district or the	22275
governing board of an educational service center governing board	22276
has failed or refused to annually adopt a salary schedule or to	22277
pay salaries in accordance with the salary schedule set forth in	22278
division (C) of this section, the superintendent of public	22279
instruction shall cause to be made an immediate investigation of	22280
such complaint. If the superintendent finds that the conditions	22281
complained of exist, the superintendent shall order the board to	22282
correct such conditions within ten days from the date of the	22283
finding. No moneys shall be distributed to the district or	22284
educational service center under this chapter until the	22285
superintendent has satisfactory evidence of the board of	22286
education's full compliance with such order.	22287

Each teacher shall be fully credited with placement in the	22288
appropriate academic training level column in the district's or	22289
educational service center's salary schedule with years of service	22290
properly credited pursuant to this section or section 3317.14 of	22291
the Revised Code. No rule shall be adopted or exercised by any	22292
board of education or educational service center governing board	22293
which restricts the placement or the crediting of annual salary	22294
increments for any teacher according to the appropriate academic	22295
training level column.	22296

(C) Minimum salaries exclusive of retirement and sick leave	22297
for teachers shall be as follows:	22298

* Percentages represent the percentage which each salary is	22330
of the base amount.	22331

For purposes of determining the minimum salary at any level	22332
of training and service, the base of one hundred per cent shall be	22333
the base amount. The percentages used in this section show the	22334
relationships between the minimum salaries required by this	22335
section and the base amount and shall not be construed as	22336
requiring any school district or educational service center to	22337
adopt a schedule containing salaries in excess of the amounts set	22338
forth in this section for corresponding levels of training and	22339
experience.	22340

As used in this division:

22341

(1) "Base amount" means seventeentwenty thousand dollars.

22342

(2) "Five years of training" means at least one hundred	22343
fifty semester hours, or the equivalent, and a bachelor's degree	22344
from a recognized college or university.	22345

(D) For purposes of this section, all credited training	22346
shall be from a recognized college or university.	22347

Sec. 3317.16.  (A) As used in this section:

22348

(1) "State share percentage" means the percentage calculated	22349
for a joint vocational school district as follows:	22350

(a) Calculate the state base cost funding amount for the	22351
district under division (B) of this section. If the district	22352
would not receive any base cost funding for that year under that	22353
division, the district's state share percentage is zero.	22354

(b) If the district would receive base cost funding under	22355
that division, divide that base cost amount by an amount equal to	22356
the following:	22357

cost-of-doing-business factor X

22358

the formula amount X

22359

the greater of formula ADM or

22360

three-year average formula ADM

22361

The resultant number is the district's state share	22362
percentage.	22363

(2) The "total special education weight" for a joint	22364
vocational school district shall be calculated in the same manner	22365
as prescribed in division (B)(1) of section 3317.022 of the	22366
Revised Code.	22367

(3) The "total vocational education weight" for a joint	22368
vocational school district shall be calculated in the same manner	22369
as prescribed in division (B)(4) of section 3317.022 of the	22370
Revised Code.	22371

(4) The "adjusted total taxable valuerecognized valuation"	22372
of a joint vocational school district shall be determined by	22373
adding the adjusted total taxable valuesrecognized valuations of	22374
all its constituent school districts for the applicable fiscal	22375
year.	22376

(B) The department of education shall compute and distribute	22377
state base cost funding to each joint vocational school district	22378
for the fiscal year in accordance with the following formula:	22379

(cost-of-doing-business factor X

22380

formula amount X the greater of formula

22381

ADM or three-year average formula ADM) -

22382

(.0005 X adjusted total taxable value recognized valuation)

22383

If the difference obtained under this division is a negative	22384
number, the district's computation shall be zero.	22385

(C)(1) The department shall compute and distribute state	22386
vocational education additional weighted costs funds to each joint	22387
vocational school district in accordance with the following	22388
formula:	22389

state share percentage X formula amount X

22390

total vocational education weight

22391

(2) The department shall compute for each joint vocational	22392
school district state funds for vocational education associated	22393
services costs in accordance with the following formula:	22394

state share percentage X .05 X

22395

the formula amount X the sum of

22396

categories one and two vocational

22397

education ADM

22398

In any fiscal year, a joint vocational school district	22399
receiving funds under division (C)(2) of this section, or through	22400
a transfer of funds pursuant to division (L) of section 3317.023	22401
of the Revised Code, shall spend those funds only for the purposes	22402
that the department designates as approved for vocational	22403
education associated services expenses, which may include such	22404
purposes as apprenticeship coordinators, coordinators for other	22405
vocational education services, vocational evaluation, and other	22406
purposes designated by the department. The department may deny	22407
payment under division (C)(2) of this section to any district that	22408
the department determines is not operating those services or is	22409
using funds paid under division (C)(2) of this section, or through	22410
a transfer of funds pursuant to division (L) of section 3317.023	22411
of the Revised Code, for other purposes.	22412

(D)(1) The department shall compute and distribute state	22413
special education and related services additional weighted costs	22414
funds to each joint vocational school district in accordance with	22415
the following formula:	22416

state share percentage X formula amount X	22417

total special education weight

22418

(2)(a) As used in this division, the "personnel allowance"	22419
means twenty-five thousand dollars in fiscal year 2000 and thirty	22420
thousand dollars in fiscal year 2001years 2002 and 2003.	22421

(b) For the provision of speech services to students,	22422
including students who do not have individualized education	22423
programs prepared for them under Chapter 3323. of the Revised	22424
Code, and for no other purpose, the department shall pay each	22425
joint vocational school district an amount calculated under the	22426
following formula:	22427

(formula ADM divided by 2000) X the personnel

22428

allowance X state share percentage

22429

(E)(2) If a joint vocational school district's costs for a	22430
fiscal year for a student in its category threecategories one	22431
through six special education ADM are twenty-five thousand dollars	22432
or moreexceed the threshold catastrophic cost for serving the	22433
student, as specified in division (C)(3)(b) of section 3317.022 of	22434
the Revised Code, the district may submit to the superintendent of	22435
public instruction documentation, as prescribed by the	22436
superintendent, of all of its costs for that student. Upon	22437
submission of documentation for a student of the type and in the	22438
manner prescribed, the department shall pay to the district an	22439
amount equal to the sum of the following:	22440

(a) One-half of the district's costs for the student in	22441
excess of the threshold catastrophic cost;	22442

(b) The product of one-half of the district's costs for the	22443
student in excess of twenty-five thousand dollarsthe threshold	22444
catastrophic cost multiplied by the district's state share	22445
percentage.	22446

(2) The district shall only report under division (E)(1) of	22447
this section, and the department shall only pay for, the costs of	22448
educational expenses and the related services provided to the	22449
student in accordance with the student's individualized education	22450
program. Any legal fees, court costs, or other costs associated	22451
with any cause of action relating to the student may not be	22452
included in the amount.	22453

(F) Each fiscal year, the department shall pay each joint	22454
vocational school district an amount for adult technical and	22455
vocational education and specialized consultants.	22456

(G)(1) In any fiscal year, a joint vocational school	22457
district receiving funds under division (D) of this section shall	22458
spend on the related services specified in division (B)(3) of	22459
section 3317.022 of the Revised Code at least the lesser of the	22460
following:	22461

(a) The amount the district spent on those related services	22462
in the preceding fiscal year;	22463

(b) 1/8 X {[cost-of-doing-business factor X the formula	22464
amount X (the category one special education ADM + category two	22465
special education ADM + category three special education ADM)] +	22466
the amount calculated for the fiscal year under division (D)(1) of	22467
this section + the local share of special education and related	22468
services additional weighted costs}.	22469

(2) A joint vocational school district's local share of	22470
special education and related services additional weighted costs	22471
equals:	22472

(1 - state share percentage) X	22473

Total special education weight X

22474

the formula amount

22475

(H) In any fiscal year, if the total of all payments made to	22476
a joint vocational school district under divisions (B) to (D) of	22477
this section and division (R) of section 3317.024 of the Revised	22478
Code is less than the amount that district received in fiscal year	22479
1999 under the version of this section in effect that year, plus	22480
the amount that district received under the version of section	22481
3317.162 of the Revised Code in effect that year and minus the	22482
amounts received that year for driver education and adult	22483
education, the department shall pay the district an additional	22484
amount equal to the difference between those two amounts.	22485

(I) In fiscal years 2000 and 2001, each joint vocational	22486
school district shall continue to offer the same number of the	22487
vocational education programs that the district offered in fiscal	22488
year 1999, unless the department of education expressly agrees	22489
that the district may offer fewer programs in either or both	22490
fiscal year 2000 or 2001.	22491

Sec. 3317.19.  (A) As used in this section, "total unit	22492
allowance" means an amount equal to the sum of the following:	22493

(1) The total of the salary allowances for the teachers	22494
employed in the cooperative education school district for all	22495
units approved under division (B) or (C) of section 3317.05 of the	22496
Revised Code. The salary allowance for each unit shall equal the	22497
minimum salary for the teacher of the unit calculated on the basis	22498
of the teacher's training level and years of experience pursuant	22499
to the salary schedule prescribed in the version of section	22500
3317.13 of the Revised Code in effect prior to the effective date	22501
of this amendment.	22502

(2) Fifteen per cent of the total computed under division	22503
(A)(1) of this section;	22504

(3) The total of the unit operating allowances for all	22505
approved units. The amount of each allowance shall equal one of	22506
the following:	22507

(a) Eight thousand twenty-three dollars times the number of	22508
preschool handicapped units or fraction thereof approved for the	22509
year under division (B) of section 3317.05 of the Revised Code;	22510

(b) Two thousand one hundred thirty-two dollars times the	22511
number of units or fraction thereof approved for the year under	22512
division (C) of section 3317.05 of the Revised Code.	22513

(B) The state board of education shall compute and	22514
distribute to each cooperative education school district for each	22515
fiscal year an amount equal to the sum of the following:	22516

(1) An amount equal to the total of the amounts credited to	22517
the cooperative education school district pursuant to division (K)	22518
of section 3317.023 of the Revised Code;	22519

(2) The total unit allowance;

22520

(3) An amount for assisting in providing free lunches to	22521
needy children and an amount for assisting needy school districts	22522
in purchasing necessary equipment for food preparation pursuant to	22523
division (K) of section 3317.024 of the Revised Code.	22524

(C) If a cooperative education school district has had	22525
additional special education units approved for the year under	22526
division (F)(2) of section 3317.03 of the Revised Code, the	22527
district shall receive an additional amount during the last half	22528
of the fiscal year. For each unit, the additional amount shall	22529
equal fifty per cent of the amount computed under division (A) of	22530
this section for a unit approved under division (B) of section	22531
3317.05 of the Revised Code.	22532

Sec. 3317.20.  This section does not apply to handicapped	22533
preschool children.	22534

(A) As used in this section:

22535

(1) "Applicable weight" means:

22536

(a) For a handicapped child receiving special education	22537
services for a handicap specified in division (A) of section	22538
3317.013 of the Revised Code, the multiple specified in that	22539
division;	22540

(b) For a handicapped child receiving special education	22541
services for a handicap specified in division (B) of section	22542
3317.013 or division (F)(3) of section 3317.02 of the Revised	22543
Code, the multiple specified in division (B) offor a handicap	22544
described in that section 3317.013 of the Revised Code.	22545

(2) "Child's school district" means the school district in	22546
which a child is entitled to attend school pursuant to section	22547
3313.64 or 3313.65 of the Revised Code.	22548

(3) "State share percentage" means the state share percentage	22549
of the child's school district as defined in section 3317.022 of	22550
the Revised Code.	22551

(B) Notwithstanding sections 3317.03, 3317.05, 3317.161, and	22552
3317.162 of the Revised Code, the department of education shall	22553
not approve special education and related services units, other	22554
than for handicapped preschool children, in county MR/DD boards in	22555
fiscal years 1999, 2000, and 2001. During those fiscal years,	22556
state funding for special education and related services provided	22557
to school-age children by county MR/DD boards shall be provided	22558
under divisions (C) to (E) of this section.	22559

(C) Except as provided in division (D)(C) of this section,	22560
the department shall annually pay each county MR/DD board an	22561
amount calculated under the following formula for each handicapped	22562
child, other than a handicapped preschool child, for whom the	22563
county MR/DD board provides special education and related	22564
services:	22565

(formula amount X the cost-of-doing-business factor

22566

for the child's school district) +

22567

(state share percentage X formula amount X

22568

the applicable weight)

22569

(D)(C) If any school district places with a county MR/DD	22570
board more handicapped children than it had placed with a county	22571
MR/DD board in fiscal year 1998, the department shall not make a	22572
payment under division (C)(B) of this section for the number of	22573
children exceeding the number placed in fiscal year 1998. The	22574
department instead shall deduct from the district's payments under	22575
this chapter, and pay to the county MR/DD board, an amount	22576
calculated in accordance with the formula prescribed in division	22577
(C)(B) of this section for each child over the number of children	22578
placed in fiscal year 1998.	22579

(E)(D) The department shall calculate for each county MR/DD	22580
board receiving payments under divisions (C)(B) and (D)(C) of this	22581
section the following amounts:	22582

(1) The amount received by the county MR/DD board for	22583
approved special education and related services units, other than	22584
preschool handicapped units, in fiscal year 1998, divided by the	22585
total number of children served in the units that year;	22586

(2) The product of the quotient calculated under division	22587
(E)(D)(1) of this section times the number of children for whom	22588
payments are made under divisions (C)(B) and (D)(C) of this	22589
section.	22590

If the amount calculated under division (E)(D)(2) of this	22591
section is greater than the total amount calculated under	22592
divisions (C)(B) and (D)(C) of this section, the department shall	22593
pay the county MR/DD board one hundred per cent of the difference	22594
in addition to the payments under divisions (C)(B) and (D)(C) of	22595
this section.	22596

Sec. 3318.01.  As used in sections 3318.01 to 3318.20 of the	22597
Revised Code:	22598

(A) "Ohio school facilities commission" means the commission	22599
created pursuant to section 3318.30 of the Revised Code.	22600

(B) "Classroom facilities" means rooms in which pupils	22601
regularly assemble in public school buildings to receive	22602
instruction and education and such facilities and building	22603
improvements for the operation and use of such rooms as may be	22604
needed in order to provide a complete educational program, and may	22605
include space within which a child day-care facility or a	22606
community resource center is housed. "Classroom facilities"	22607
includes any space necessary for the operation of a vocational	22608
education program in any school district that operates such a	22609
program.	22610

(C) "Project" means a project to construct or acquire	22611
classroom facilities, or to reconstruct or make additions to	22612
existing classroom facilities, to be used for housing the	22613
applicable school district and its functions.	22614

(D) "School district" means a local, exempted village, or	22615
city school district as such districts are defined in Chapter	22616
3311. of the Revised Code, acting as an agency of state	22617
government, performing essential governmental functions of state	22618
government pursuant to sections 3318.01 and 3318.20 of the Revised	22619
Code.	22620

(E) "School district board" means the board of education of a	22621
school district.	22622

(F) "Net bonded indebtedness" means the difference between	22623
the sum of the par value of all outstanding and unpaid bonds and	22624
notes which a school district board is obligated to pay, any	22625
amounts the school district is obligated to pay under	22626
lease-purchase agreements entered into under section 3313.375 of	22627
the Revised Code, and the par value of bonds authorized by the	22628
electors but not yet issued, the proceeds of which can lawfully be	22629
used for the project, and the amount held in the sinking fund and	22630
other indebtedness retirement funds for their redemption. Notes	22631
issued for school buses in accordance with section 3327.08 of the	22632
Revised Code, notes issued in anticipation of the collection of	22633
current revenues, and bonds issued to pay final judgments shall	22634
not be considered in calculating the net bonded indebtedness.	22635

"Net bonded indebtedness" does not include indebtedness	22636
arising from the acquisition of land to provide a site for	22637
classroom facilities constructed, acquired, or added to pursuant	22638
to sections 3318.01 to 3318.20 of the Revised Code.	22639

(G) "Board of elections" means the board of elections of the	22640
county containing the most populous portion of the school	22641
district.	22642

(H) "County auditor" means the auditor of the county in which	22643
the greatest value of taxable property of such school district is	22644
located.	22645

(I) "Tax duplicates" means the general tax lists and	22646
duplicates prescribed by sections 319.28 and 319.29 of the Revised	22647
Code.	22648

(J) "Required level of indebtedness" means:

22649

(1) In the case of districts in the first percentile, five	22650
per cent of the district's valuation for the year preceding the	22651
year in which the controlling board approved the project under	22652
section 3318.04 of the Revised Code.	22653

(2) In the case of districts ranked in a subsequent	22654
percentile, five per cent of the district's valuation for the year	22655
preceding the year in which the controlling board approved the	22656
project under section 3318.04 of the Revised Code, plus [two	22657
one-hundredths of one per cent multiplied by (the percentile in	22658
which the district ranks minus one)].	22659

(K) "Required percentage of the basic project costs" means	22660
one per cent of the basic project costs times the percentile in	22661
which the district ranks.	22662

(L) "Basic project cost" means a cost amount determined in	22663
accordance with rules adopted under section 111.15 of the Revised	22664
Code by the Ohio school facilities commission. The basic project	22665
cost calculation shall take into consideration the square footage	22666
and cost per square foot necessary for the grade levels to be	22667
housed in the classroom facilities, the variation across the state	22668
in construction and related costs, the cost of the installation of	22669
site utilities and site preparation, the cost of insuring the	22670
project until it is completed, any contingency reserve amount	22671
prescribed by the commission under section 3318.086 of the Revised	22672
Code, and the professional planning, administration, and design	22673
fees that a district may have to pay to undertake a classroom	22674
facilities project.	22675

"Basic project cost" also includes the value of classroom	22676
facilities authorized in a pre-existing bond issue as described in	22677
section 3318.033 of the Revised Code.	22678

(M) A "school district's portion of the basic project cost"	22679
means the amount determined under section 3318.032 of the Revised	22680
Code.	22681

(N) "Child day-care facility" means space within a classroom	22682
facility in which the needs of infants, toddlers, preschool	22683
children, and school children are provided for by persons other	22684
than the parent or guardian of such children for any part of the	22685
day, including persons not employed by the school district	22686
operating such classroom facility.	22687

(O) "Community resource center" means space within a	22688
classroom facility in which comprehensive services that support	22689
the needs of families and children are provided by community-based	22690
social service providers.	22691

(P) "Valuation" means the total value of all property in the	22692
district as listed and assessed for taxation on the tax	22693
duplicates.	22694

(Q) "Percentile" means the percentile in which the district	22695
is ranked pursuant to division (D) of section 3318.011 of the	22696
Revised Code.	22697

(R) "Installation of site utilities" means the installation	22698
of a site domestic water system, site fire protection system, site	22699
gas distribution system, site sanitary system, site storm drainage	22700
system, and site telephone and data system.	22701

(S) "Site preparation" means the earthwork necessary for	22702
preparation of the building foundation system, the paved	22703
pedestrian and vehicular circulation system, playgrounds on the	22704
project site, and lawn and planting on the project site.	22705

Sec. 3318.04.  (A) If the Ohio school facilities commission	22706
makes a determination under section 3318.03 of the Revised Code in	22707
favor of constructing, acquiring, reconstructing, or making	22708
additions to a classroom facility, the project shall be	22709
conditionally approved. Such conditional approval shall be	22710
submitted to the controlling board for approval thereof. The	22711
controlling board shall forthwith approve or reject the	22712
commission's determination, conditional approval, the amount of	22713
the state's portion of the basic project cost, and, if the state's	22714
portion exceeds twenty-five million dollars, the amount of the	22715
state's portion to be encumbered in the current fiscal biennium.	22716
In the event of approval thereof by the controlling board, the	22717
commission shall certify such conditional approval to the school	22718
district board and shall encumber from the total funds	22719
appropriated for the purpose of sections 3318.01 to 3318.20 of the	22720
Revised Code the amount of the state's portion of the basic	22721
project cost or, if the state's portion exceeds twenty-five	22722
million dollars, the amount approved under this section to be	22723
encumbered in the current fiscal biennium.	22724

The basic project cost for a project approved under this	22725
section shall not exceed the cost that would otherwise have to be	22726
incurred if the classroom facilities to be constructed, acquired,	22727
or reconstructed, or the additions to be made to classroom	22728
facilities, under such project meet, but do not exceed, the	22729
specifications for plans and materials for classroom facilities	22730
adopted by the commission.	22731

(B)(1) No school district shall have a project conditionally	22732
approved pursuant to this section if the school district has	22733
already received any assistance for a project funded under any	22734
version of sections 3318.01 to 3318.20 of the Revised Code, and	22735
the prior project was one for which the electors of such district	22736
approved a levy within the last twenty years pursuant to any	22737
version of section 3318.06 of the Revised Code for purposes of	22738
qualifying for the funding of that project, unless the district	22739
demonstrates to the satisfaction of the commission that the	22740
district has experienced since approval of its prior project an	22741
exceptional increase in enrollment significantly above the	22742
district's design capacity under that prior project as determined	22743
by rule of the commission.	22744

(2) Notwithstanding division (B)(1) of this section, any	22745
school district that received assistance under sections 3318.01 to	22746
3318.20 of the Revised Code, as those sections existed prior to	22747
May 20, 1997, may receive additional assistance under those	22748
sections, as they exist on and after May 20, 1997, prior to the	22749
expiration of the period of time required under division (B)(1) of	22750
this section, if the percentile in which the school district is	22751
located, as determined under section 3318.011 of the Revised Code,	22752
is eligible for assistance as prescribed in section 3318.02 of the	22753
Revised Code.	22754

The commission may provide assistance under sections 3318.01	22755
to 3318.20 of the Revised Code pursuant to this division to no	22756
more than five school districts per fiscal year until all eligible	22757
school districts have received the additional assistance	22758
authorized under this division. The commission shall establish	22759
application procedures, deadlines, and priorities for funding	22760
projects under this division.	22761

The commission at its discretion may waive current design	22762
specifications it has adopted for projects under sections 3318.01	22763
to 3318.20 of the Revised Code when assessing an application for	22764
additional assistance under this division for the renovation of	22765
classroom facilities constructed or renovated under a school	22766
district's previous project. If the commission finds that a	22767
school district's existing classroom facilities are adequate to	22768
meet all of the school district's needs, the commission may	22769
determine that no additional state assistance be awarded to a	22770
school district under this division.	22771

In order for a school district to be eligible to receive any	22772
additional assistance under this division, the school district	22773
electors shall extend the school district's existing levy	22774
dedicated for maintenance of classroom facilities under Chapter	22775
3318. of the Revised Code, pursuant to section 3318.061 of the	22776
Revised Code or shall provide equivalent alternative maintenance	22777
funds as specified in division (B) of section 3318.06 of the	22778
Revised Code.	22779

(3) Notwithstanding division (B)(1) of this section, any	22780
school district that has received assistance under sections	22781
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	22782
receive additional assistance if the commission decides in favor	22783
of providing such assistance pursuant to section 3318.042 of the	22784
Revised Code.	22785

Sec. 3318.042. (A) The board of education of any school	22786
district that is receiving assistance under sections 3318.01 to	22787
3318.20 of the Revised Code after May 20, 1997, and whose project	22788
is still under construction, may request that the Ohio school	22789
facilities commission examine whether the circumstances prescribed	22790
in either division (B)(1) or (2) of this section exist in the	22791
school district. If the commission so finds, the commission shall	22792
review the school district's original assessment and approved	22793
project under sections 3318.01 to 3318.20 of the Revised Code, and	22794
consider providing additional assistance to the school district to	22795
correct the prescribed conditions found to exist in the district.	22796
Additional assistance under this section shall be limited to	22797
additions to one or more buildings, remodeling of one or more	22798
buildings, or changes to the infrastructure of one or more	22799
buildings.	22800

(B) Consideration of additional assistance to a school	22801
district under this section is warranted in either of the	22802
following circumstances:	22803

(1) Additional work is needed to correct an oversight or	22804
deficiency not identified or included in the district's initial	22805
assessment.	22806

(2) Other conditions exist that, in the opinion of the	22807
comission, warrant additions or remodeling of the project	22808
facilities or changes to infrastructure associated with the	22809
district's project that were not identified in the initial	22810
assessment and plan.	22811

(C) If the commission decides in favor of providing	22812
additional assistance to any school district under this section,	22813
the school district shall be responsible for paying for its	22814
portion of the cost the additions, remodeling, or infrastucture	22815
changes pursuant to section 3318.083 of the Revised Code. If	22816
after making a financial evaluation of the school district, the	22817
commission determines that the school district is unable without	22818
undue hardship, according to the guidelines adopted by the	22819
commission, to fund the school district portion of the increase,	22820
then the state and the school district shall enter into an	22821
agreement whereby the state shall pay the portion of the cost	22822
increase attributable to the school district which is determined	22823
to be in excess of any local resources available to the district	22824
and the district shall thereafter reimburse the state. The	22825
commission shall establish the district's schedule for reimbursing	22826
the state, which shall not extend beyond five years. Debt	22827
incurred under this section shall not be included in the	22828
calculation of the net indebtedness of the school district under	22829
section 133.06 of the Revised Code.	22830

Sec. 3318.05.  The conditional approval of the Ohio school	22831
facilities commission for a project shall lapse and the amount	22832
reserved and encumbered for such project shall be released unless	22833
the school district board accepts such conditional approval within	22834
one hundred twenty days following the date of certification of the	22835
conditional approval to the school district board and the electors	22836
of the school district vote favorably on both of the propositions	22837
proposition described in divisions (A) and (B) of this section	22838
within one year of the date of such certification, except that a	22839
school district described in division (C) of this section does not	22840
need to submit the proposition described in division (B) of this	22841
section. The propositions described in divisions (A) and (B) of	22842
this section shall be combined in a single proposal. If the	22843
district board or the district's electors fail to meet such	22844
requirements and the amount reserved and encumbered for the	22845
district's project is released, the district shall be given first	22846
priority for project funding as such funds become available.	22847

(A) OnThe proposition shall be on the question of issuing	22848
bonds of the school district board, for the school district's	22849
portion of the basic project cost, in an amount equal to the	22850
school district's portion of the basic project cost less any	22851
deduction made under section 3318.033 of the Revised Code; and	22852

(B) On the question of levying a tax the proceeds of which	22853
shall be used to pay the cost of maintaining the classroom	22854
facilities included in the project. Such tax shall be at the rate	22855
of not less than one-half mill for each dollar of valuation for a	22856
period of twenty-three years, subject to any extension approved	22857
under section 3318.061 of the Revised Code.	22858

(C) If a school district has in place a tax levied under	22859
section 5705.21 of the Revised Code for general ongoing permanent	22860
improvements of at least two mills for each dollar of valuation	22861
and the proceeds of such tax can be used for maintenance, the	22862
school district need not levy the additional tax required under	22863
division (B) of this section, provided the school district board	22864
includes in the agreement entered into under section 3318.08 of	22865
the Revised Code provisions earmarking an amount from the proceeds	22866
of that permanent improvement tax for maintenance of classroom	22867
facilities equivalent to the amount of the additional tax and for	22868
the equivalent number of years otherwise required under this	22869
section.	22870

(D) Proceeds of the tax to be used for maintenance of the	22871
classroom facilities under either division (B) or (C) of this	22872
section shall be deposited into a separate fund established by the	22873
school district for such purpose.	22874

Sec. 3318.051. The proceeds of any tax dedicated for the	22875
maintenance of the classroom facilities specifically acquired by a	22876
school district under any project under Chapter 3318. of the	22877
Revised Code approved by the electors of the school district prior	22878
to the effective date of this section as required under former	22879
section 3318.05 of the Revised Code as it existed prior to the	22880
effective date this section, or any existing taxes or other school	22881
district revenues earmarked for maintenance by the school district	22882
board under agreement with the school facilities commission as	22883
permitted under former section 3318.05 or under section 3318.052	22884
of the Revised Code, as those sections existed prior to the	22885
effective date of this section, shall not be required to be used	22886
for such purpose after the effective date of this section and may	22887
instead be used by the school district board to pay the cost of	22888
maintaining any classroom facilities owned or controlled by the	22889
school district board.	22890

Sec. 3318.052.  (A) At any time after the electors of a	22891
school district have approved either or both a property tax levied	22892
under section 5705.21 of the Revised Code for the purpose of	22893
general ongoing permanent improvements or under section 5705.218	22894
of the Revised Code for the purpose of permanent improvements, or	22895
a school district income tax levied under Chapter 5748. of the	22896
Revised Code, the board of education of the school district may do	22897
all of the following:	22898

(1) Within one year following the date of the certification	22899
of the conditional approval of the school district's classroom	22900
facilities project by the Ohio school facilities commission, enter	22901
into a written agreement with the commission, which may be part of	22902
an agreement entered into under section 3318.08 of the Revised	22903
Code, under which the school district board covenants and agrees	22904
to apply a specified amount of the proceeds of that property tax	22905
levy, of that school district income tax, or of securities issued	22906
under this section, or of proceeds from any two or more of those	22907
sources, to pay all or part of the district's portion of the basic	22908
project cost of its classroom facilities project.	22909

(2) Receive as a credit against the amount of bonds	22910
required under sections 3318.05 and 3318.06 of the Revised Code,	22911
to be approved by the electors of the district and issued by the	22912
district board for the district's portion of the basic project	22913
cost of its classroom facilities project in order for the district	22914
to receive state assistance for the project, an amount equal to	22915
the specified amount that the district board covenants and agrees	22916
with the commission to apply as set forth in division (A) (1) of	22917
this section.	22918

(3) Apply the proceeds of either or both such taxes to the	22919
payment of debt charges on and financing costs related to	22920
securities issued under this section and to make any necessary	22921
transfers of funds arising from such a tax from the fund to which	22922
the proceeds of the tax are credited to the bond retirement fund	22923
established for those securities or to the project construction	22924
fund, as required pursuant to division (B) of section 3318.08 of	22925
the Revised Code.	22926

(4) Issue securities to provide moneys to pay all or part	22927
of the district's portion of the basic project cost of its	22928
classroom facilities project in accordance with an agreement	22929
entered into under division (A) (1) of this section.	22930

(B) Securities issued under this section shall be Chapter	22931
133. securities and may be issued as general obligation securities	22932
or issued in anticipation of a school district income tax or as	22933
property tax anticipation notes under section 133.24 of the	22934
Revised Code. The district board's resolution authorizing the	22935
issuance and sale of general obligation securities under this	22936
section shall conform to the applicable requirements of section	22937
133.22 or 133.23 of the Revised Code. Securities issued under	22938
this section shall have principal payments during each year after	22939
the year of issuance over a period of not more than twenty-three	22940
years and, if so determined by the district board, during the year	22941
of issuance. Securities issued under this section shall not be	22942
included in the calculation of net indebtedness of the district	22943
under section 133.06 of the Revised Code if the resolution of the	22944
district board authorizing their issuance and sale includes	22945
covenants to appropriate annually from the proceeds of the	22946
property tax levied or of the school district income tax referred	22947
to in division (A) of this section and to continue to levy and	22948
collect the tax in amounts necessary to pay the debt charges on	22949
and financing costs related to the securities as they become due.	22950
No such tax the proceeds of which are pledged, or that the school	22951
district board has covenanted to levy, collect, and appropriate	22952
annually, to pay the debt charges on and financing costs related	22953
to securities issued under this section shall be repealed while	22954
those securities are outstanding. If such a tax is reduced by the	22955
electors of the district or by the district board while those	22956
securities are outstanding, the school district board shall	22957
continue to levy and collect the tax under the authority of the	22958
original election authorizing the tax at a rate in each year that	22959
the board reasonably estimates will produce an amount in that year	22960
equal to the debt charges on the securities in that year.	22961

No state moneys shall be released for a project to which	22962
this section applies until the proceeds of the tax securities	22963
issued under this section that are dedicated for the payment of	22964
the district portion of the basic project cost of its classroom	22965
facilities project are first deposited into the district's project	22966
construction fund.	22967

Sec. 3318.053.  Notwithstanding any provision of this chapter	22968
to the contrary, a school district board may use proceeds from the	22969
tax described in former division (B) or (C) of section 3318.05 of	22970
the Revised Code, as either division existed immediately prior to	22971
the effective date of this amendment, for infrastructure	22972
improvements on and leading to the project sites that are not	22973
included in the basic project cost. The board may use proceeds of	22974
the tax in this manner only during the three-year period following	22975
the execution of the agreement under section 3318.08 of the	22976
Revised Code. If the board intends to use the proceeds of the tax	22977
in this manner, it shall include that fact as part of the purpose	22978
of the levy in the ballot language proposing it.	22979

Sec. 3318.06. (A) After receipt of the conditional approval	22980
of the Ohio school facilities commission, the school district	22981
board by a majority of all of its members shall, if it desires to	22982
proceed with the project, declare all of the following by	22983
resolution:	22984

(A) Thatthat by issuing bonds in an amount equal to the	22985
school district's portion of the basic project cost, including	22986
bonds previously authorized by the district's electors as	22987
described in section 3318.033 of the Revised Code, the district is	22988
unable to provide adequate classroom facilities without assistance	22989
from the state;	22990

(B) Unless the school district board has resolved to apply	22991
the proceeds of a property tax or the proceeds of an income tax,	22992
or a combination of proceeds from such taxes, as authorized under	22993
section 3318.052 of the Revised Code, that to qualify for such	22994
state assistance it is necessary to do either of the following:	22995

(1) Levy a tax outside the ten-mill limitation the proceeds	22996
of which shall be used to pay the cost of maintaining the	22997
classroom facilities included in the project;	22998

(2) Earmark for maintenance of classroom facilities from the	22999
proceeds of an existing permanent improvement tax levied under	23000
section 5705.21 of the Revised Code, if such tax is of at least	23001
two mills for each dollar of valuation and can be used for	23002
maintenance, an amount equivalent to the amount of the additional	23003
tax otherwise required under this section and sections 3318.05 and	23004
3318.08 of the Revised Code.	23005

(C) That the question of any tax levy specified in a	23006
resolution described in division (B)(1) of this section, if	23007
required, shall be submitted to the electors of the school	23008
district at the next general or primary election, if there be a	23009
general or primary election not less than seventy-five and not	23010
more than ninety-five days after the day of the adoption of such	23011
resolution or, if not, at a special election to be held at a time	23012
specified in the resolution which shall be not less than	23013
seventy-five days after the day of the adoption of the resolution	23014
and which shall be in accordance with the requirements of section	23015
3501.01 of the Revised Code.	23016

Such resolution shall also state that the question of issuing	23017
bonds of the board shall be combined in a single proposal with the	23018
question of such tax levy. More than one election under this	23019
section may be held in any one calendar year. Such resolution	23020
shall specify both of the following:	23021

(1) That the rate which it is necessary to levy shall be at	23022
the rate of not less than one-half mill for each one dollar of	23023
valuation, and that such tax shall be levied for a period of	23024
twenty-three years;	23025

(2) That the proceeds of the tax shall be used to pay the	23026
cost of maintaining the classroom facilities included in the	23027
project.	23028

A copy of such resolution shall after its passage and not	23029
less than seventy-five days prior to the date set therein for the	23030
election be certified to the county board of elections.	23031

The resolution of the school district board, in addition to	23032
meeting other applicable requirements of section 133.18 of the	23033
Revised Code, shall state that the amount of bonds to be issued	23034
will be an amount equal to the school district's portion of the	23035
basic project cost, and state the maximum maturity of the bonds	23036
which, notwithstanding section 133.20 of the Revised Code, may be	23037
any number of years not exceeding twenty-three as determined by	23038
the board. In estimating the amount of bonds to be issued, the	23039
board shall take into consideration the amount of moneys then in	23040
the bond retirement fund and the amount of moneys to be collected	23041
for and disbursed from the bond retirement fund during the	23042
remainder of the year in which the resolution of necessity is	23043
adopted.	23044

Notice of the election shall include the fact that the tax	23045
levy shall be at the rate of not less than one-half mill for each	23046
one dollar of valuation for a period of twenty-three years, and	23047
that the proceeds of the tax shall be used to pay the cost of	23048
maintaining the classroom facilities included in the project.	23049

The form of the ballot to be used at such election shall be:

23050

"A majority affirmative vote is necessary for passage.

23051

Shall bonds be issued by the ............ (here insert name	23052
of school district) school district to pay the local share of	23053
school construction under the State of Ohio Classroom Facilities	23054
Assistance Program in the principal amount of ............ (here	23055
insert principal amount of the bond issue), to be repaid annually	23056
over a maximum period of ............ (here insert the maximum	23057
number of years over which the principal of the bonds may be paid)	23058
years, and an annual levy of property taxes be made outside the	23059
ten-mill limitation, estimated by the county auditor to average	23060
over the repayment period of the bond issue ............ (here	23061
insert the number of mills estimated) mills for each one dollar of	23062
tax valuation, which amounts to ............ (rate expressed in	23063
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	23064
for each one hundred dollars of tax valuation to pay the annual	23065
debt charges on the bonds and to pay debt charges on any notes	23066
issued in anticipation of the bonds?"	23067

and, unless the additional levy

23068

of taxes is not required pursuant

23069

to division (C) of section

23070

3318.05 of the Revised Code,

23071

"Shall an additional levy of taxes be made for a period of	23072
twenty-three years to benefit the ............ (here insert name	23073
of school district) school district, the proceeds of which shall	23074
be used to pay the cost of maintaining the classroom facilities	23075
included in the project at the rate of .......... (here insert the	23076
number of mills, which shall not be less than one-half mill) mills	23077
for each one dollar of valuation?	23078

(D)(B) If it is necessary for the school district to acquire	23084
a site for the classroom facilities to be acquired pursuant to	23085
sections 3318.01 to 3318.20 of the Revised Code, the district	23086
board may propose either to issue bonds of the board or to levy a	23087
tax to pay for the acquisition of such site, and may combine the	23088
question of doing so with the questionsquestion specified in	23089
division (C)(A) of this section. Bonds issued under this division	23090
for the purpose of acquiring a site are a general obligation of	23091
the school district and are Chapter 133. securities.	23092

The form of that portion of the ballot to include the	23093
question of either issuing bonds or levying a tax for site	23094
acquisition purposes shall be one of the following:	23095

(1) "Shall bonds be issued by the ............ (here insert	23096
name of the school district) school district to pay costs of	23097
acquiring a site for classroom facilities under the State of Ohio	23098
Classroom Facilities Assistance Program in the principal amount of	23099
.......... (here insert principal amount of the bond issue), to be	23100
repaid annually over a maximum period of .......... (here insert	23101
maximum number of years over which the principal of the bonds may	23102
be paid) years, and an annual levy of property taxes be made	23103
outside the ten-mill limitation, estimated by the county auditor	23104
to average over the repayment period of the bond issue ..........	23105
(here insert number of mills) mills for each one dollar of tax	23106
valuation, which amount to .......... (here insert rate expressed	23107
in cents or dollars and cents, such as "thirty-six cents" or	23108
"$0.36") for each one hundred dollars of valuation to pay the	23109
annual debt charges on the bonds and to pay debt charges on any	23110
notes issued in anticipation of the bonds?"	23111

(2) "Shall an additional levy of taxes outside the ten-mill	23112
limitation be made for the benefit of the .......... (here insert	23113
name of the school district) .......... school district for the	23114
purpose of acquiring a site for classroom facilities in the sum of	23115
......... (here insert annual amount the levy is to produce)	23116
estimated by the county auditor to average ........ (here insert	23117
number of mills) mills for each one hundred dollars of valuation,	23118
for a period of ......... (here insert number of years the millage	23119
is to be imposed) years?"	23120

Where it is necessary to combine the question of issuing	23121
bonds of the school district and levying a tax as described in	23122
division (C)(A) of this section with the question of issuing bonds	23123
of the school district for acquisition of a site, the question	23124
specified in division (C)(A) of this section to be voted on shall	23125
be "For the Bond Issues and the Tax Levy" and "Against the Bond	23126
Issues and the Tax Levy."	23127

Where it is necessary to combine the question of issuing	23128
bonds of the school district and levying a tax as described in	23129
division (C)(A) of this section with the question of levying a tax	23130
for the acquisition of a site, the question specified in division	23131
(C)(A) of this section to be voted on shall be "For the Bond Issue	23132
and the Tax LeviesLevy" and "Against the Bond Issue and the Tax	23133
LeviesLevy."	23134

If a majority of those voting upon a proposition hereunder	23135
which includes the question of issuing bonds vote in favor	23136
thereof, and if the agreement provided for by section 3318.08 of	23137
the Revised Code has been entered into, the school district board	23138
may proceed under Chapter 133. of the Revised Code, with the	23139
issuance of bonds or bond anticipation notes in accordance with	23140
the terms of the agreement.	23141

Sec. 3318.08.  If the requisite favorable vote on the	23142
election is obtained, or if the school district board has resolved	23143
to apply the proceeds of a property tax levy or the proceeds of an	23144
income tax, or a combination of proceeds from such taxes, as	23145
authorized in section 3318.052 of the Revised Code, the Ohio	23146
school facilities commission, upon certification to it of either	23147
the results of the election or the resolution under section	23148
3318.052 of the Revised Code, shall enter into a written agreement	23149
with the school district board for the construction and sale of	23150
the project, which agreement shall include, but need not be	23151
limited to, the following provisions:	23152

(A) The sale and issuance of bonds or notes in anticipation	23153
thereof, as soon as practicable after the execution of the	23154
agreement, in an amount equal to the school district's portion of	23155
the basic project cost, including any bonds previously authorized	23156
by the district's electors as described in section 3318.033 of the	23157
Revised Code; provided, that if at that time the county treasurer	23158
of each county in which the school district is located has not	23159
commenced the collection of taxes on the general duplicate of real	23160
and public utility property for the year in which the controlling	23161
board approved the project, the school district board shall	23162
authorize the issuance of a first installment of bond anticipation	23163
notes in an amount specified by the agreement, which amount shall	23164
not exceed an amount necessary to raise the net bonded	23165
indebtedness of the school district as of the date of the	23166
controlling board's approval to within five thousand dollars of	23167
the required level of indebtedness for the preceding year. In the	23168
event that a first installment of bond anticipation notes is	23169
issued, the school district board shall, as soon as practicable	23170
after the county treasurer of each county in which the school	23171
district is located has commenced the collection of taxes on the	23172
general duplicate of real and public utility property for the year	23173
in which the controlling board approved the project, authorize the	23174
issuance of a second and final installment of bond anticipation	23175
notes or a first and final issue of bonds.	23176

The combined value of the first and second installment of	23177
bond anticipation notes or the value of the first and final issue	23178
of bonds shall be equal to the school district's portion of the	23179
basic project cost. The proceeds of any such bonds shall be used	23180
first to retire any bond anticipation notes. Otherwise, the	23181
proceeds of such bonds and of any bond anticipation notes, except	23182
the premium and accrued interest thereon, shall be deposited in	23183
the school district's project construction fund. In determining	23184
the amount of net bonded indebtedness for the purpose of fixing	23185
the amount of an issue of either bonds or bond anticipation notes,	23186
gross indebtedness shall be reduced by moneys in the bond	23187
retirement fund only to the extent of the moneys therein on the	23188
first day of the year preceding the year in which the controlling	23189
board approved the project. Should there be a decrease in the tax	23190
valuation of the school district so that the amount of	23191
indebtedness that can be incurred on the tax duplicates for the	23192
year in which the controlling board approved the project is less	23193
than the amount of the first installment of bond anticipation	23194
notes, there shall be paid from the school district's project	23195
construction fund to the school district's bond retirement fund to	23196
be applied against such notes an amount sufficient to cause the	23197
net bonded indebtedness of the school district, as of the first	23198
day of the year following the year in which the controlling board	23199
approved the project, to be within five thousand dollars of the	23200
required level of indebtedness for the year in which the	23201
controlling board approved the project. The maximum amount of	23202
indebtedness to be incurred by any school district board as its	23203
share of the cost of the project is either an amount that will	23204
cause its net bonded indebtedness, as of the first day of the year	23205
following the year in which the controlling board approved the	23206
project, to be within five thousand dollars of the required level	23207
of indebtedness, or an amount equal to the required percentage of	23208
the basic project costs, whichever is greater. All bonds and bond	23209
anticipation notes shall be issued in accordance with Chapter 133.	23210
of the Revised Code, and notes may be renewed as provided in	23211
section 133.22 of the Revised Code.	23212

(B)(1) The transfer of such funds of the school district	23213
board available for the project, together with the proceeds of the	23214
sale of the bonds or notes, except premium, accrued interest, and	23215
interest included in the amount of the issue, to the school	23216
district's project construction fund;	23217

(2)(C) If section 3318.052 of the Revised Code applies, the	23218
earmarking of the proceeds of a tax levied under section 5705.21	23219
of the Revised Code for general ongoing permanent improvementsor	23220
under section 5705.218 of the Revised Code for the purpose of	23221
permanent improvements, or the proceeds of a school district	23222
income tax levied under Chapter 5748. of the Revised Code, or the	23223
proceeds from a combination of those two taxes, in an amount to	23224
pay all or part of the service charges on bonds issued to pay the	23225
school district portion of the project and an amount equivalent to	23226
all or part of the tax required under division (B) of section	23227
3318.05 of the Revised Code.	23228

(C) If section 3318.052 of the Revised Code does not apply,	23229
either of the following:	23230

(1) The levy of the tax authorized at the election for the	23231
payment of maintenance costs, as specified in division (B) of	23232
section 3318.05 of the Revised Code;	23233

(2) If the school district electors have approved a	23234
continuing tax of at least two mills for each dollar of valuation	23235
for general ongoing permanent improvements under section 5705.21	23236
of the Revised Code and that tax can be used for maintenance, the	23237
earmarking of an amount of the proceeds from such tax for	23238
maintenance of classroom facilities as specified in division (B)	23239
of section 3318.05 of the Revised Code.	23240

(D) Ownership of or interest in the project during the	23241
period of construction, which shall be divided between the	23242
commission and the school district board in proportion to their	23243
respective contributions to the school district's project	23244
construction fund;	23245

(E) Maintenance of the state's interest in the project until	23246
any obligations issued for the project under section 3318.26 of	23247
the Revised Code are no longer outstanding;	23248

(F) The insurance of the project by the school district from	23249
the time there is an insurable interest therein and so long as the	23250
state retains any ownership or interest in the project pursuant to	23251
division (D) of this section, in such amounts and against such	23252
risks as the commission shall require; provided, that the cost of	23253
any required insurance until the project is completed shall be a	23254
part of the basic project cost;	23255

(G) The certification by the director of budget and	23256
management that funds are available and have been set aside to	23257
meet the state's share of the basic project cost as approved by	23258
the controlling board pursuant to section 3318.04 of the Revised	23259
Code;	23260

(H) Authorization of the school district board to advertise	23261
for and receive construction bids for the project, for and on	23262
behalf of the commission, and to award contracts in the name of	23263
the state subject to approval by the commission;	23264

(I) Provisions for the disbursement of moneys from the	23265
school district's project account upon issuance by the commission	23266
or the commission's designated representative of vouchers for work	23267
done to be certified to the commission by the treasurer of the	23268
school district board;	23269

(J) Disposal of any balance left in the school district's	23270
project construction fund upon completion of the project;	23271

(K) Limitations upon use of the project or any part of it so	23272
long as any obligations issued to finance the project under	23273
section 3318.26 of the Revised Code are outstanding;	23274

(L) Provision for vesting the state's interest in the	23275
project to the school district board when the obligations issued	23276
to finance the project under section 3318.26 of the Revised Code	23277
are outstanding;	23278

(M) Provision for deposit of an executed copy of the	23279
agreement in the office of the commission;	23280

(N) Provision for termination of the contract and release of	23281
the funds encumbered at the time of the conditional approval, if	23282
the proceeds of the sale of the bonds of the school district board	23283
are not paid into the school district's project construction fund	23284
and if bids for the construction of the project have not been	23285
taken within such period after the execution of the agreement as	23286
may be fixed by the commission;	23287

(O) Provision for the school district to maintain the	23288
project in accordance with a plan approved by the commission;	23289

(P) Provision that all state funds reserved and encumbered	23290
to pay the state share of the cost of the project pursuant to	23291
section 3318.03 of the Revised Code be spent on the construction	23292
or acquisition of the project prior to the expenditure of any	23293
funds provided by the school district to pay for its share of the	23294
project cost, unless the school district certifies to the	23295
commission that expenditure by the school district is necessary to	23296
maintain the tax-exempt status of notes or bonds issued by the	23297
school district to pay for its share of the project cost in which	23298
case, the school district may commit to spend, or spend, a portion	23299
of the funds it provides;	23300

(Q) A provision stipulating that the commission may prohibit	23301
the district from proceeding with any project if the commission	23302
determines that the site is not suitable for construction	23303
purposes. The commission may perform soil tests in its	23304
determination of whether a site is appropriate for construction	23305
purposes.	23306

(R) A provision stipulating that, unless otherwise	23307
authorized by the commission, any contingency reserve portion of	23308
the construction budget prescribed by the commission shall be used	23309
only to pay costs resulting from unforeseen job conditions, to	23310
comply with rulings regarding building and other codes, to pay	23311
costs related to design clarifications or corrections to contract	23312
documents, and to pay the costs of settlements or judgments	23313
related to the project as provided under section 3318.086 of the	23314
Revised Code.	23315

Sec. 3318.086.  The construction budget for any project under	23316
sections 3318.01 to 3318.20 of the Revised Code shall contain a	23317
contingency reserve in an amount prescribed by the Ohio school	23318
facilities commission, which unless otherwise authorized by the	23319
commission, shall be used only to pay costs resulting from	23320
unforeseen job conditions, to comply with rulings regarding	23321
building and other codes, to pay costs related to design	23322
clarifications or corrections to contract documents, and to pay	23323
the costs of settlements or judgments related to the project.	23324

Sec. 3318.10.  When such working drawings, specifications,	23325
and estimates of cost have been approved by the school district	23326
board and the Ohio school facilities commission, the treasurer of	23327
the school district board shall advertise for construction bids	23328
for the project once a week for three consecutive weeks in a	23329
newspaper published in and of general circulation in the county in	23330
which the project is locatedin accordance with section 3313.46 of	23331
the Revised Code. Such notices shall state that plans and	23332
specifications for the project are on file in the office of the	23333
commission and such other place as may be designated in such	23334
notice, and the time and place when and where bids therefor will	23335
be received.	23336

The form of proposal to be submitted by bidders shall be	23337
supplied by the commission. Bidders may be permitted to bid upon	23338
all the branches of work and materials to be furnished and	23339
supplied, upon any branch thereof, or upon all or any thereof.	23340

A proposal shall be invalid and not considered unless it	23341
meets the requirements of section 153.54 of the Revised Code.	23342

When the construction bids for all branches of work and	23343
materials have been tabulated, the commission shall cause to be	23344
prepared a revised estimate of the basic project cost based upon	23345
the lowest responsible bids received. If such revised estimate	23346
exceeds the estimated basic project cost as approved by the	23347
controlling board pursuant to section 3318.04 of the Revised Code,	23348
no contracts may be entered into pursuant to this section unless	23349
such revised estimate is approved by the commission and by the	23350
controlling board referred to in section 3318.04 of the Revised	23351
Code. When such revised estimate has been prepared, and after	23352
such approvals are given, if necessary, and if the school district	23353
board has caused to be transferred to the project construction	23354
fund the proceeds from the sale of the first or first and final	23355
installment of its bonds or bond anticipation notes pursuant to	23356
the provision of written agreement required by division (B) of	23357
section 3318.08 of the Revised Code, and when the director of	23358
budget and management has certified that there is a balance in the	23359
appropriation, not otherwise obligated to pay precedent	23360
obligations, pursuant to which the state's share of such revised	23361
estimate is required to be paid, the contract for all branches of	23362
work and materials to be furnished and supplied, or for any branch	23363
thereof as determined by the school district board, shall be	23364
awarded by the school district board to the lowest responsible	23365
bidder subject to the approval of the commission. Such award	23366
shall be made within sixty days after the date on which the bids	23367
are opened, and the successful bidder shall enter into a contract	23368
within ten days after the successful bidder is notified of the	23369
award of the contract.	23370

Subject to the approval of the commission, the school	23371
district board may reject all bids and readvertise. Any contract	23372
made under this section shall be made in the name of the state and	23373
executed on its behalf by the president and treasurer of the	23374
school district board.	23375

The provisions of sections 153.50 to 153.999.312 and 3313.46	23376
of the Revised Code, which are applicable to construction	23377
contracts of boards of education and which permit bids to be made	23378
for two or more trades or kinds of work, shall apply to	23379
construction contracts for the project to the exclusion of	23380
sections 153.01 to 153.20 of the Revised Code applicable to state	23381
construction contracts.	23382

The remedies afforded to any subcontractor, materials	23383
supplier, laborer, mechanic, or persons furnishing material or	23384
machinery for the project under sections 1311.26 to 1311.32 of the	23385
Revised Code, shall apply to contracts entered into under this	23386
section and the itemized statement required by section 1311.26 of	23387
the Revised Code shall be filed with the school district board.	23388

Sec. 3318.12.  The Ohio school facilities commission shall	23389
cause to be transferred to the school district's project	23390
construction fund the necessary amounts from amounts appropriated	23391
by the general assembly and set aside for such purpose, from time	23392
to time as may be necessary to pay obligations chargeable to such	23393
fund when due. All investment earnings of a school district's	23394
project construction fund shall be credited to the fund.	23395

The treasurer of the school district board shall disburse	23396
funds from the school district's project construction fund,	23397
including investment earnings credited to the fund, only upon the	23398
approval of the commission or the commission's designated	23399
representative. The commission or the commission's designated	23400
representative shall issue vouchers against such fund, in such	23401
amounts, and at such times as required by the contracts for	23402
construction of the project.	23403

After the project has been completed:

23404

(A) Any investment earnings remaining in the project	23405
construction fund that are attributable to the school district's	23406
contribution to the fund shall be transferred to the district's	23407
capital and maintenance fund required by division (B) of section	23408
3318.053315.18 of the Revised Code, and the money shall be used	23409
solely for maintaining the classroom facilities included in the	23410
projectany purpose permitted under that section.	23411

(B) Any investment earnings remaining in the project	23412
construction fund that are attributable to the state's	23413
contribution to the fund shall be transferred to the commission	23414
for expenditure pursuant to sections 3318.01 to 3318.20 of the	23415
Revised Code.	23416

(C) Any other surplus remaining in the school district's	23417
project construction fund after the project has been completed	23418
shall be transferred to the commission and the school district	23419
board in proportion to their respective contributions to the fund.	23420
The commission shall use the money transferred to it under this	23421
division for expenditure pursuant to sections 3318.01 to 3318.20	23422
of the Revised Code.	23423

Sec. 3318.31.  (A) The Ohio school facilities commission may	23424
perform any act and ensure the performance of any function	23425
necessary or appropriate to carry out the purposes of, and	23426
exercise the powers granted under, Chapter 3318. of the Revised	23427
Code, including any of the following:	23428

(1) Employ and fix the compensation of such employees as will	23429
facilitate the activities and purposes of the commission, and who	23430
shall serve at the pleasure of the commission.	23431

(2) Adopt, amend, and rescind, pursuant to section 111.15 of	23432
the Revised Code, rules for the administration of programs	23433
authorized under Chapter 3318. of the Revised Code.	23434

(3)(2) Contract with, retain the services of, or designate,	23435
and fix the compensation of, such agents, accountants,	23436
consultants, advisers, and other independent contractors as may be	23437
necessary or desirable to carry out the programs authorized under	23438
Chapter 3318. of the Revised Code.	23439

(4)(3) Receive and accept any gifts, grants, donations, and	23440
pledges, and receipts therefrom, to be used for the programs	23441
authorized under Chapter 3318. of the Revised Code.	23442

(5)(4) Make and enter into all contracts, commitments, and	23443
agreements, and execute all instruments, necessary or incidental	23444
to the performance of its duties and the execution of its rights	23445
and powers under Chapter 3318. of the Revised Code.	23446

(B) The commission shall appoint and fix the compensation of	23447
an executive director who shall serve at the pleasure of the	23448
commission. The executive director shall supervise the operations	23449
of the commission. The executive director also shall employ and	23450
fix the compensation of such employees as will facilitate the	23451
activities and purposes of the commission, who shall serve at the	23452
pleasure of the executive director.	23453

(C) The attorney general shall serve as the legal	23454
representative for the commission and may appoint other counsel as	23455
necessary for that purpose in accordance with section 109.07 of	23456
the Revised Code.	23457

Sec. 3318.36.  (A) As used in this section:

23458

(1) "Ohio school facilities commission," "classroom	23459
facilities," "school district," "school district board," "net	23460
bonded indebtedness," "required percentage of the basic project	23461
costs," "basic project cost," "valuation," and "percentile" have	23462
the same meanings as in section 3318.01 of the Revised Code.	23463

(2) "Required level of indebtedness" means five per cent of	23464
the school district's valuation for the year preceding the year in	23465
which the commission and school district enter into an agreement	23466
under division (B) of this section, plus [two one-hundredths of	23467
one per cent multiplied by (the percentile in which the district	23468
ranks in the fiscal year the commission and the school district	23469
enter into such agreement minus one)].	23470

(3) "Local resources" means any moneys generated in any	23471
manner permitted for a school district board to raise the school	23472
district portion of a project undertaken with assistance under	23473
sections 3318.01 to 3318.20 of the Revised Code.	23474

(B)(1) There is hereby established the school building	23475
assistance expedited local partnership program. Under the	23476
program, the Ohio school facilities commission may enter into an	23477
agreement with the school district board of any school district	23478
under which the school district board may proceed with the new	23479
construction or major repairs of a part of the school district's	23480
classroom facilities needs, as determined under sections 3318.01	23481
to 3318.20 of the Revised Code, through the expenditure of local	23482
resources prior to the school district's eligibility for state	23483
assistance under sections 3318.01 to 3318.20 of the Revised Code	23484
and may apply that expenditure toward meeting the school	23485
district's portion of the basic project cost of the total of the	23486
school district's classroom facilities needs, as determined under	23487
sections 3318.01 to 3318.20 of the Revised Code and as	23488
recalculated under division (E) of this section, that are eligible	23489
for state assistance under sections 3318.01 to 3318.20 of the	23490
Revised Code when the school district becomes eligible for such	23491
state assistance. Any school district that is reasonably expected	23492
to receive assistance under sections 3318.01 to 3318.20 of the	23493
Revised Code within two fiscal years from the date the school	23494
district adopts its resolution under division (B) of this section	23495
shall not be eligible to participate in the program.	23496

(2) To participate in the program, a school district board	23497
shall first adopt a resolution certifying to the commission the	23498
board's intent to participate in the program.	23499

The resolution shall specify the approximate date that the	23500
board intends to seek elector approval of any bond or tax measures	23501
or to apply other local resources to use to pay the cost of	23502
classroom facilities to be constructed under this section. The	23503
resolution shall not specify an election sooner than twelve months	23504
after the date the resolution is adopted by the boardThe	23505
resolution may specify the application of local resources or	23506
elector-approved bond or tax measures after the resolution is	23507
adopted by the board, and in such case the board may proceed with	23508
a discrete portion of its project under this section as soon as	23509
the commission and the controlling board have approved the basic	23510
project cost of the district's classroom facilities needs as	23511
specified in division (D) of this section. The board shall submit	23512
its resolution to the commission not later than ten days after the	23513
date the resolution is adopted by the board.	23514

The commission shall not consider any resolution that is	23515
submitted pursuant to division (B)(2) of this section, as amended	23516
by this amendment, sooner than the effective date of this	23517
amendmentSeptember14, 2000.	23518

(3) Any project under this section shall comply with section	23519
3318.03 of the Revised Code and with any specifications for plans	23520
and materials for classroom facilities adopted by the commission	23521
under section 3318.04 of the Revised Code.	23522

(4) If a school district that enters into an agreement under	23523
this section has not begun a project applying local resources as	23524
provided for under that agreement at the time the district is	23525
notified by the commission that it is eligible to receive state	23526
assistance under sections 3318.01 to 3318.20 of the Revised Code,	23527
all assessment and agreement documents entered into under this	23528
section are void.	23529

(5) Only construction of or repairs to classroom facilities	23530
that have been approved by the commission and have been therefore	23531
included as part of a district's basic project cost qualify for	23532
application of local resources under this section.	23533

(C) Based on the results of the on-site visits and	23534
assessment conducted under division (B)(2) of this section, the	23535
commission shall determine the basic project cost of the school	23536
district's classroom facilities needs. The commission shall	23537
determine the school district's portion of such basic project	23538
cost, which shall be the greater of:	23539

(1) The required percentage of the basic project costs,	23540
determined based on the school district's percentile ranking in	23541
the fiscal year the commission and the school district enter into	23542
the agreement under division (B) of this section;	23543

(2) An amount necessary to raise the school district's net	23544
bonded indebtedness, as of the fiscal year the commission and the	23545
school district enter into the agreement under division (B) of	23546
this section, to within five thousand dollars of the required	23547
level of indebtedness.	23548

(D)(1) When the commission determines the basic project cost	23549
of the classroom facilities needs of a school district and the	23550
school district's portion of that basic project cost under	23551
division (C) of this section, the project shall be conditionally	23552
approved. Such conditional approval shall be submitted to the	23553
controlling board for approval thereof. The controlling board	23554
shall forthwith approve or reject the commission's determination,	23555
conditional approval, and the amount of the state's portion of the	23556
basic project cost; however, no state funds shall be encumbered	23557
under this section. Upon approval by the controlling board, the	23558
school district board may identify a discrete part of its	23559
classroom facilities needs, which shall include only new	23560
construction of or additions or major repairs to a particular	23561
building, to address with local resources. Upon identifying a	23562
part of the school district's basic project cost to address with	23563
local resources, the school district board may allocate any	23564
available school district moneys to pay the cost of that	23565
identified part, including the proceeds of an issuance of bonds if	23566
approved by the electors of the school district.	23567

All local resources utilized under this division shall first	23568
be deposited in the project construction account required under	23569
section 3318.08 of the Revised Code.	23570

(2) Unless the school district board exercises its option	23571
under division (D)(3) of this section, for a school district to	23572
qualify for participation in the program authorized under this	23573
section, either:	23574

(a) The electors of the school district by a majority vote	23575
shall approve the levy of taxes outside the ten-mill limitation	23576
for a period of twenty-three years at the rate of not less than	23577
one-half mill for each dollar of valuation to be used to pay the	23578
cost of maintaining the classroom facilities included in the basic	23579
project cost as determined by the commission. The form of the	23580
ballot to be used to submit the question whether to approve the	23581
tax required under this division to the electors of the school	23582
district shall be the form for an additional levy of taxes	23583
prescribed in section 3318.361 of the Revised Code.	23584

(b) As authorized under division (C) of section 3318.05 of	23585
the Revised Code, the school district board shall earmark from the	23586
proceeds of a permanent improvement tax levied under section	23587
5705.21 of the Revised Code, an amount equivalent to the	23588
additional tax otherwise required under division (D)(2)(a) of this	23589
section for the maintenance of the classroom facilities included	23590
in the basic project cost as determined by the commission.	23591

(3) A school district board may opt to delay levying the	23592
additional tax required under division (D)(2)(a) of this section	23593
or earmarking of the proceeds of a permanent improvement tax	23594
alternatively required under division (D)(2)(b) of this section	23595
until such time as the school district becomes eligible for state	23596
assistance under sections 3318.01 to 3318.20 of the Revised Code.	23597
In order to exercise its option under this division, the board	23598
shall certify to the commission a resolution indicating the	23599
board's intent to do so prior to entering into an agreement under	23600
division (B) of this section.	23601

(4) If pursuant to division (D)(3) of this section a	23602
district board opts to delay levying an additional tax until the	23603
district becomes eligible for state assistance, it shall submit	23604
the question of levying that tax to the district electors as	23605
follows:	23606

(a) In accordance with section 3318.06 of the Revised Code	23607
if it will also be necessary pursuant to division (E) of this	23608
section to submit a proposal for approval of a bond issue;	23609

(b) In accordance with section 3318.361 of the Revised Code	23610
if it is not necessary to also submit a proposal for approval of a	23611
bond issue pursuant to division (E) of this section.	23612

(5) No state assistance under sections 3318.01 to 3318.20 of	23613
the Revised Code shall be released until a school district board	23614
that adopts and certifies a resolution under this division either	23615
has levied the additional tax or has earmarked the proceeds of a	23616
tax as specified in division (D) of this section.	23617

Any amount required for maintenance under division (D)(2) of	23618
this section shall be deposited into a separate fund as specified	23619
in division (B) of section 3318.05 of the Revised Code.	23620

(E)(1) If the school district becomes eligible for state	23621
assistance under sections 3318.01 to 3318.20 of the Revised Code	23622
based on its percentile ranking as determined under division (B)	23623
of this section, the commission shall conduct a new assessment of	23624
the school district's classroom facilities needs and shall	23625
recalculate the basic project cost based on this new assessment.	23626
The basic project cost recalculated under this division shall	23627
include the amount of expenditures made by the school district	23628
board under division (D)(1) of this section. The commission shall	23629
then recalculate the school district's portion of the new basic	23630
project cost, which shall be the percentage of the original basic	23631
project cost assigned to the school district as its portion under	23632
division (C) of this section. The commission shall deduct the	23633
expenditure of school district moneys made under division (D)(1)	23634
of this section from the school district's portion of the basic	23635
project cost as recalculated under this division. If the amount	23636
of school district resources applied by the school district board	23637
to the school district's portion of the basic project cost under	23638
this section is less than the total amount of such portion as	23639
recalculated under this division, the school district board by a	23640
majority vote of all of its members shall, if it desires to seek	23641
state assistance under sections 3318.01 to 3318.20 of the Revised	23642
Code, adopt a resolution as specified in section 3318.06 of the	23643
Revised Code to submit to the electors of the school district the	23644
question of approval of a bond issue in order to pay any	23645
additional amount of school district portion required for state	23646
assistance. Any tax levy approved under division (D) of this	23647
section satisfies the requirements to levy the additional tax	23648
under section 3318.06 of the Revised Code.	23649

(2) If the amount of school district resources applied by	23650
the school district board to the school district's portion of the	23651
basic project cost under this section is more than the total	23652
amount of such portion as recalculated under this division, within	23653
one year after the school district's portion is recalculated under	23654
division (E)(1) of this section the commission may grant to the	23655
school district the difference between the two calculated	23656
portions, but at no time shall the commission expend any state	23657
funds on a project in an amount greater than the state's portion	23658
of the basic project cost as recalculated under this division.	23659

Any reimbursement under this division shall be only for local	23660
resources the school district has applied toward construction cost	23661
expenditures for the classroom facilities approved by the	23662
commission, which shall not include any financing costs associated	23663
with that construction.	23664

The school district board shall use any moneys reimbursed to	23665
the district under this division to pay off any debt service the	23666
district owes for classroom facilities constructed under its	23667
project under this section before such moneys are applied to any	23668
other purpose.	23669

Sec. 3318.362.  This section applies only to a school	23670
district that participates in the school building assistance	23671
expedited local partnership program under section 3318.36 of the	23672
Revised Code.	23673

Notwithstanding the twenty-three year maximum maturity for	23674
bonds proposed to be issued by a school district board for a	23675
classroom facilities project pursuant to division (C)(A) of	23676
section 3318.06 of the Revised Code, a school district board that	23677
enters into an agreement with the Ohio school facilities	23678
commission under division (B) of section 3318.36 of the Revised	23679
Code may propose for issuance any bonds necessary for its	23680
participation in the program under section 3318.36 of the Revised	23681
Code for a term longer than twenty-three years but not to exceed	23682
the term calculated pursuant to section 133.20 of the Revised	23683
Code. Any moneys received from the state under division (E)(2) of	23684
section 3318.36 of the Revised Code shall be applied, as agreed in	23685
writing by the school district board and the commission, to pay	23686
debt service on outstanding bonds or bond anticipation notes	23687
issued by the school district board for its participation in the	23688
expedited local partnership program, including by placing those	23689
moneys in an applicable escrow fund under division (D) of section	23690
133.34 of the Revised Code.	23691

Sec. 3318.363. (A) This section applies only to a school	23692
district participating in the school building assistance expedited	23693
local partnership program under section 3318.36 of the Revised	23694
Code.	23695

(B) If there is a decrease in the tax valuation of a	23696
school district to which this section applies by ten per cent or	23697
greater from one tax year to the next due to a decrease in the	23698
assessment rate of the taxable property of an electric company	23699
that owns property in the district, as provided for in section	23700
5727.111 of the Revised Code as amended by Am. Sub. S.B. 3 of the	23701
123rd General Assembly, the Ohio school facilities commission	23702
shall calculate or recalculate the state and school district	23703
portions of the basic project cost of the school district's	23704
project by determining the percentile rank in which the district	23705
would be located if such ranking were made using the current year	23706
adjusted valuation per pupil, as calculated and reported to the	23707
commission by the department of education under division (A) of	23708
section 3318.011 of the Revised Code, rather than the three-year	23709
average adjusted valuation per pupil, calculated under division	23710
(B) of that section. For such district, the required percentage	23711
of the basic project cost used to determine the state and school	23712
district shares of that cost under division (C) of section 3318.36	23713
of the Revised Code shall be based on the percentile rank as	23714
calculated under this section rather than as otherwise provided in	23715
division (C)(1) of section 3318.36 of the Revised Code. If the	23716
commission has determined the state and school district portion of	23717
the basic project cost of such a district's project under section	23718
3318.36 of the Revised Code prior to that decrease in tax	23719
valuation, the commission shall adjust the state and school	23720
district shares of the basic project cost of such project in	23721
accordance with this section.	23722

Sec. 3318.37.  (A) As used in this section:

23723

(1) "Low wealth school district" means a school district in	23724
the first through fiftieth percentiles as determined under section	23725
3318.011 of the Revised Code.	23726

(2) A "school district with an exceptional need for	23727
immediate classroom facilities assistance" means a low wealth	23728
school district with an exceptional need for new facilities in	23729
order to protect the health and safety of all or a portion of its	23730
students. School districts reasonably expected to be eligible for	23731
state assistance under sections 3318.01 to 3318.20 of the Revised	23732
Code within three fiscal years after assistance under this section	23733
is being considered by the Ohio school facilities commission, and	23734
school districts that participate in the school building	23735
assistance expedited local partnership program under section	23736
3318.36 of the Revised Code shall not be eligible for assistance	23737
under this section.	23738

(B)(1) There is hereby established the exceptional needs	23739
school facilities assistance program. Under the program, the Ohio	23740
school facilities commission may set aside from the moneys	23741
annually appropriated to it for classroom facilities assistance	23742
projects up to twenty-five per cent for assistance to school	23743
districts with exceptional needs for immediate classroom	23744
facilities assistance.	23745

(2)(a) After consulting with education and construction	23746
experts, the commission shall adopt guidelines for identifying	23747
school districts with an exceptional need for immediate classroom	23748
facilities assistance.	23749

(b) The guidelines shall include application forms and	23750
instructions for school districts that believe they have an	23751
exceptional need for immediate classroom facilities assistance.	23752

(3) The commission shall evaluate the classroom facilities,	23753
and the need for replacement classroom facilities from the	23754
applications received under this section. The commission,	23755
utilizing the guidelines adopted under division (B)(2)(a) of this	23756
section, shall prioritize the school districts to be assessed.	23757

Notwithstanding section 3318.02 of the Revised Code, the	23758
commission may conduct on-site evaluation of the school districts	23759
prioritized under this section and approve and award funds until	23760
such time as all funds set aside under division (B)(1) of this	23761
section have been encumbered under section 3318.04 of the Revised	23762
Code.	23763

(4) Notwithstanding division (A) of section 3318.05 of the	23764
Revised Code, the school district's portion of the basic project	23765
cost under this section shall be the "required percentage of the	23766
basic project costs," as defined in division (K) of section	23767
3318.01 of the Revised Code.	23768

(5) Except as otherwise specified in this section, any	23769
project undertaken with assistance under this section shall comply	23770
with all provisions of sections 3318.01 to 3318.20 of the Revised	23771
Code. A school district may receive assistance under sections	23772
3318.01 to 3318.20 of the Revised Code for the remainder of the	23773
district's classroom facilities needs as assessed under this	23774
section when the district is eligible for such assistance pursuant	23775
to section 3318.02 of the Revised Code, but any classroom facility	23776
constructed with assistance under this section shall not be	23777
included in a district's project at that time unless the	23778
commission determines the district has experienced the increased	23779
enrollment specified in division (B)(1) of section 3318.04 of the	23780
Revised Code.	23781

Sec. 3318.38.  (A) As used in this section, "big-eight	23782
school district" has the same meaning as in section 3314.02 of the	23783
Revised Code.	23784

(B) There is hereby established the accelerated urban school	23785
building assistance program. Under the program, notwithstanding	23786
section 3318.02 of the Revised Code, any big-eight school district	23787
that has not been approved to receive assistance under sections	23788
3318.01 to 3318.20 of the Revised Code by July 1, 2002, may	23789
beginning on that date apply for approval of and be approved for	23790
such assistance. Except as otherwise provided in this section,	23791
any project approved and undertaken pursuant to this section shall	23792
comply with all provisions of sections 3318.01 to 3318.20 of the	23793
Revised Code.	23794

The Ohio school facilities commission shall provide	23795
assistance to any big-eight school district eligible for	23796
assistance under this section in the following manner:	23797

(1) Notwithstanding section 3318.02 of the Revised Code:

23798

(a) Not later than June 30, 2002, the commission shall	23799
conduct an on-site visit and shall assess the classroom facilities	23800
needs of each big-eight school district eligible for assistance	23801
under this section;	23802

(b) Beginning July 1, 2002, any big-eight school district	23803
eligible for assistance under this section may apply to the	23804
commission for conditional approval of its project as determined	23805
by the assessment conducted under division (B)(1)(a) of this	23806
section. The commission may conditionally approve that project	23807
and submit it to the controlling board for approval pursuant to	23808
section 3318.04 of the Revised Code.	23809

(2) If the controlling board approves the project of a	23810
big-eight school district eligible for assistance under this	23811
section, the commission and the school district shall enter into	23812
an agreement as prescribed in section 3318.08 of the Revised Code.	23813
Any agreement executed pursuant to this division shall include any	23814
applicable segmentation provisions as approved by the commission	23815
under division (B)(3) of this section.	23816

(3) Notwithstanding any provision to the contrary in	23817
sections 3318.05, 3318.06, and 3318.08 of the Revised Code, a	23818
big-eight school district eligible for assistance under this	23819
section may with the approval of the commission opt to divide the	23820
project as approved under division (B)(1)(b) of this section into	23821
discrete segments to be completed sequentially. Any project	23822
divided into segments shall comply with all other provisions of	23823
sections 3318.05, 3318.06, and 3318.08 of the Revised Code except	23824
as otherwise specified in this division.	23825

If a project is divided into segments under this division:

23826

(a) The school district need raise only the amount equal to	23827
its proportionate share, as determined under section 3318.032 of	23828
the Revised Code, of each segment at any one time and may seek	23829
voter approval of each segment separately;	23830

(b) The state's proportionate share, as determined under	23831
section 3318.032 of the Revised Code, of only the segment which	23832
has been approved by the school district electors or for which the	23833
district has applied a local donated contribution under section	23834
3318.084 of the Revised Code shall be encumbered at any one time.	23835
Encumbrance of additional amounts to cover the state's	23836
proportionate share of later segments shall be approved separately	23837
as they are approved by the school district electors or as the	23838
district applies a local donated contribution to the segments	23839
under section 3318.084 of the Revised Code. If the state's share	23840
of any one segment exceeds twenty-five million dollars,	23841
encumbrance of that share is subject to the provisions of section	23842
3318.11 of the Revised Code.	23843

(c) If it is necessary to levy the additional tax for	23844
maintenance under division (B) of section 3318.05 of the Revised	23845
Code with respect to any segment of the project, the district may	23846
utilize the provisions of section 3318.061 of the Revised Code to	23847
ensure that the maintenance tax extends for twenty-three years	23848
after the last segment of the project is undertaken.	23849

Sec. 3318.50. (A) As used in this section and in section	23850
3318.52 of the Revised Code:	23851

(1) "Start-up community school" means a "new start-up	23852
school" as that term is defined in division (A) of section 3314.02	23853
of the Revised Code.	23854

(2) "Classroom facilities" has the same meaning as in	23855
section 3318.01 of the Revised Code.	23856

(B) There is hereby established the community school	23857
classroom facilities loan guarantee program. Under the program,	23858
the Ohio school facilities commission may guarantee for up to	23859
fifteen years up to eighty-five per cent of the sum of the	23860
principal and interest on a loan made to the governing authority	23861
of a start-up community school established under Chapter 3314. of	23862
the Revised Code for the sole purpose of assisting the governing	23863
board in acquiring classroom facilities for the community school	23864
by lease, purchase, remodeling of existing facilities, or any	23865
other means except by new construction.	23866

The commission shall not make any loan guarantee under this	23867
section unless the commission has determined both that the	23868
applicant is creditworthy and that the classroom facilities meet	23869
specifications established by the commission under section 3318.51	23870
of the Revised Code.	23871

The commission shall not guarantee any loan under this	23872
section unless the loan is obtained from a financial institution	23873
regulated by the United States or this state.	23874

(C) At no time shall the commission exceed an aggregate	23875
liability of ten million dollars to repay loans guaranteed under	23876
this section.	23877

(D) Any payment made to a lending institution as a result of	23878
default on a loan guaranteed under this section shall be made from	23879
moneys in the community school classroom facilities loan guarantee	23880
fund established under section 3318.52 of the Revised Code.	23881

(E) The commission may assess a fee of up to five hundred	23882
dollars for each loan guaranteed under this section.	23883

(F) Not later than ninety days after the effective date of	23884
this section, the commission shall adopt rules that prescribe loan	23885
standards and procedures consistent with this section that are	23886
designed to protect the state's interest in any loan guaranteed by	23887
this section and to ensure that the state has a reasonable chance	23888
of recovering any payments made by the state in the event of a	23889
default on any such loan.	23890

Sec. 3318.51. Not later than nine months after the effective	23891
date of this section, the Ohio school facilities commission in	23892
consultation with the office of community school options	23893
established under section 3314.11 of the Revised Code shall	23894
develop specifications for classroom facilities for start-up	23895
community schools established under Chapter 3314. of the Revised	23896
Code.	23897

Sec. 3318.52.  There is hereby established the community	23898
school classroom facilities loan guarantee fund. The fund shall	23899
consist of such moneys as the general assembly appropriates for	23900
the purpose of guaranteeing loans to community schools under	23901
section 3318.50 of the Revised Code. Investment earnings on	23902
moneys in the fund shall be credited to the fund.	23903

Sec. 3319.19.  (A) UponExcept as provided in division (D) of	23904
this section or division (A)(2) of section 3313.37 of the Revised	23905
Code, upon request, the board of county commissioners shall	23906
provide and equip offices in the county for the use of the	23907
superintendent of an educational service center, and shall provide	23908
heat, light, water, and janitorial services for such offices. Such	23909
offices shall be the permanent headquarters of the superintendent	23910
and shall be used by the governing board of the service center	23911
when it is in session. Except as provided in division (B) of this	23912
section, such offices shall be located in the county seat or, upon	23913
the approval of the governing board, may be located outside of the	23914
county seat.	23915

(B) In the case of a service center formed under section	23916
3311.053 of the Revised Code, the governing board shall designate	23917
the site of its offices. TheExcept as provided in division (D) of	23918
this section or division (A)(2) of section 3313.37 of the Revised	23919
Code, the board of county commissioners of the county in which the	23920
designated site is located shall provide and equip the offices as	23921
under division (A) of this section, but the costs of such offices	23922
and equipment not covered by funds received under section 307.031	23923
of the Revised Code shall be apportioned among the boards of	23924
county commissioners of all counties having any territory in the	23925
area under the control of the governing board, according to the	23926
proportion of local school district pupils under the supervision	23927
of such board residing in the respective counties. Where there is	23928
a dispute as to the amount any board of county commissioners is	23929
required to pay, the probate judge of the county in which the	23930
greatest number of pupils under the supervision of the governing	23931
board reside shall apportion such costs among the boards of county	23932
commissioners and notify each such board of its share of the	23933
costs.	23934

(C) By the first day of March of each year, the	23935
superintendent of public instruction shall certify to the tax	23936
commissioner the ADM and the number of full-time licensed	23937
employees of each educational service center for the purposes of	23938
the distribution of funds to boards of county commissioners	23939
required under division (B) of section 307.031 of the Revised	23940
Code. As used in this section, "ADM" means the formula ADMs of	23941
all the local districts having territory in the service center, as	23942
certified in October of the previous year by the service center	23943
superintendent to the state board of education under section	23944
3317.03 of the Revised Code. As used in this division, "licensed	23945
employee" has the same meaning as in section 307.031 of the	23946
Revised Code.	23947

(D) The superintendent of a service center may annually	23948
submit a proposal approved by the board of county commissioners to	23949
the state superintendent of public instruction, in such manner and	23950
by such date as specified by the state board of education, for a	23951
grant for the board of county commissioners to do one of the	23952
following:	23953

(1) To improve or enhance the offices and equipment provided	23954
under division (A) or (B) of this section or section 3301.0712 of	23955
the Revised Code;	23956

(2) If funds received under division (B) of section 307.031	23957
of the Revised Code are insufficient to provide for the actual	23958
cost of meeting the requirements of division (A) or (B) of section	23959
3319.19 and division (A)(2) of section 3301.0712 of the Revised	23960
Code, to provide funds to meet such costs.	23961

Any service center superintendent intending to submit a	23962
proposal shall submit it to the board of county commissioners that	23963
provides and equips the office of the superintendent for approval	23964
at least twenty days before the date of submission to the	23965
superintendent of public instruction. The superintendent of	23966
public instruction shall evaluate the proposals and select those	23967
that will most benefit the local districts supervised by the	23968
governing boards under standards adopted by the state board. For	23969
each proposal selected for a grant, the superintendent of public	23970
instruction shall determine the grant amount and, with the	23971
approval of the superintendent and the board of county	23972
commissioners, may modify a grant proposal to reflect the amount	23973
of money available for the grant. The superintendent of public	23974
instruction shall notify the board of county commissioners and the	23975
tax commissioner of the selection of the proposal as submitted or	23976
modified and the amount of the grant. If, pursuant to division	23977
(C) of section 307.031 of the Revised Code, the board of county	23978
commissioners accepts the proposal and grant, it shall expend the	23979
funds as specified in the grant proposal. If the board of county	23980
commissioners rejects the proposal and grant, the superintendent	23981
of public instruction may select another proposal from among the	23982
district proposals that initially failed to be selected for a	23983
grant.	23984

The state board of education shall adopt rules to implement	23985
the requirements of this sectionNot later than the thirty-first	23986
day of March of 2002, 2003, 2004, and 2005 a board of county	23987
commissioners required to provide or equip offices pursuant to	23988
division (A) or (B) of this section shall make a written estimate	23989
of the total cost it will incur for the ensuing fiscal year to	23990
provide and equip the offices and to provide heat, light, water,	23991
and janitorial services for such offices. The total estimate of	23992
cost shall include:	23993

(1) The total square feet of space to be utilized by the	23994
educational service center;	23995

(2) The total square feet of any common areas that should	23996
be reasonably allocated to the center and the methodology for	23997
making this allocation;	23998

(3) The actual cost per square foot for both the space	23999
utilized by and the common area allocated to the center;	24000

(4) An explanation of the methodology used to determine the	24001
per square foot cost;	24002

(5) The estimated cost of providing heat, light, and	24003
water, including an explanation of how these costs were	24004
determined;	24005

(6) The estimated cost of providing janitorial services	24006
including an explanation of the methodology used to determine this	24007
cost;	24008

(7) Any other estimated costs that the board anticipates it	24009
will occur and a detailed explanation of the costs and the	24010
rationale used to determine such costs.	24011

A copy of the total estimate of costs under this division	24012
shall be sent to the superintendent of the educational service	24013
center not later than the fifth day of April. The superintendent	24014
shall review the total estimate and shall notify the board of	24015
county commissioners not later than twenty days after receipt of	24016
the estimate of either agreement with the estimate or any specific	24017
objections to the estimates and the reasons for the objections. If	24018
the superintendent agrees with the estimate, it shall become the	24019
final total estimate of cost. Failure of the superintendent to	24020
make objections to the estimate by the twentieth day after receipt	24021
of it shall be deemed to mean that the superintendent is in	24022
agreement with the estimate.	24023

If the superintendent provides specific objections to the	24024
board of county commissioners, the board shall review the	24025
objections and may modify the original estimate and shall send a	24026
revised total estimate to the superintendent within ten days after	24027
the receipt of the superintendent's objections. The	24028
superintendent shall respond to the revised estimate within ten	24029
days after its receipt. If the superintendent agrees with it, it	24030
shall become the final total estimated cost. If the	24031
superintendent fails to respond within the required time, the	24032
superintendent shall be deemed to have agreed with the revised	24033
estimate. If the superintendent disagrees with the revised	24034
estimate, the superintendent shall send specific objections to the	24035
county commissioners.	24036

If a superintendent has sent specific objections to the	24037
revised estimate within the required time, the probate judge of	24038
the county which has the greatest number of resident local school	24039
district pupils under the supervision of the educational service	24040
center shall determine the final estimated cost and certify this	24041
amount to the superintendent and the board of county commissioners	24042
prior to the first day of July.	24043

(D)(1) A board of county commissioners shall be responsible	24044
for the following percentages of the final total estimated cost	24045
established by division (C) of this section:	24046

(a) Eighty per cent for fiscal year 2003;

24047

(b) Sixty per cent for fiscal year 2004;

24048

(c) Forty per cent for fiscal year 2005;

24049

(d) Twenty per cent for fiscal year 2006.

24050

In fiscal years 2003, 2004, 2005, and 2006 the educational	24051
service center shall be responsible for the remainder of any costs	24052
in excess of the amounts specified in division (D)(1)(a),(b), or	24053
(c) of this section, as applicable, associated with the provision	24054
and equipment of offices for the educational service center and	24055
for provision of heat, light, water, and janitorial services for	24056
such offices, including any unanticipated or unexpected increases	24057
in the costs beyond the final estimated cost amount.	24058

Beginning in fiscal year 2007, no board of county	24059
commissioners shall have any obligation to provide and equip	24060
offices for an educational service center or to provide heat,	24061
light, water, or janitorial services for such offices.	24062

(2) Nothing in this section shall prohibit the board of	24063
county commissioners and the governing board of an educational	24064
service center from entering into a contract for providing and	24065
equipping offices for the use of an educational service center and	24066
for providing heat, light, water, and janitorial services for such	24067
offices. The term of any such contract shall not exceed a period	24068
of four years and may be renewed for additional periods not to	24069
exceed four years. Any such contract shall supersede the	24070
provisions of division (D)(1) of this section and no educational	24071
service center may be charged, at any time, any additional amount	24072
for the county's provision of an office and equipment, heat,	24073
light, water, and janitorial services beyond the amount specified	24074
in such contract.	24075

(3) No contract entered into under division (D)(2) of this	24076
section in any year prior to fiscal year 2007 between an	24077
educational service center formed under section 3311.053 of the	24078
Revised Code and the board of county commissioners required to	24079
provide and equip its office pursuant to division (B) of this	24080
section shall take effect unless the boards of county	24081
commissioners of all other counties required to participate in	24082
the funding for such offices pursuant to division (B) of this	24083
section adopt resolutions approving the contract.	24084

Sec. 3321.01. (A)(1) As used in this chapter, "parent,"	24085
"guardian," or "other person having charge or care of a child"	24086
means either parent unless the parents are separated or divorced	24087
or their marriage has been dissolved or annulled, in which case	24088
"parent" means the parent who is the residential parent and legal	24089
custodian of the child. If the child is in the legal or permanent	24090
custody of a person or government agency, "parent" means that	24091
person or government agency. When a child is a resident of a	24092
home, as defined in section 3313.64 of the Revised Code, and the	24093
child's parent is not a resident of this state, "parent,"	24094
"guardian," or "other person having charge or care of a child"	24095
means the head of the home.	24096

A child between six and eighteen years of age is "of	24097
compulsory school age" for the purpose of sections 3321.01 to	24098
3321.13 of the Revised Code. A child under six years of age who	24099
has been enrolled in kindergarten also shall be considered "of	24100
compulsory school age" for the purpose of sections 3321.01 to	24101
3321.13 of the Revised Code unless at any time the child's parent	24102
or guardian, at the parent's or guardian's discretion and in	24103
consultation with the child's teacher and principal, formally	24104
withdraws the child from kindergarten. The compulsory school age	24105
of a child shall not commence until the beginning of the term of	24106
such schools, or other time in the school year fixed by the rules	24107
of the board of the district in which the child resides.	24108

(2) No child shall be admitted to a kindergarten or a first	24109
grade of a public school in a district in which all children are	24110
admitted to kindergarten and the first grade in August or	24111
September unless the child is five or six years of age,	24112
respectively, by the thirtieth day of September of the year of	24113
admittance, or by the first day of a term or semester other than	24114
one beginning in August or September in school districts granting	24115
admittance at the beginning of such term or semester, except that	24116
in those school districts using or obtaining educationally	24117
accepted standardized testing programs for determining entrance,	24118
as approved by the board of education of such districts, the board	24119
shall admit a child to kindergarten or the first grade who fails	24120
to meet the age requirement, provided the child meets necessary	24121
standards as determined by such standardized testing programs. If	24122
the board of education has not established a standardized testing	24123
program, the board shall designate the necessary standards and a	24124
testing program it will accept for the purpose of admitting a	24125
child to kindergarten or first grade who fails to meet the age	24126
requirement. Each child who will be the proper age for entrance	24127
to kindergarten or first grade by the first day of January of the	24128
school year for which admission is requested shall be so tested	24129
upon the request of the child's parent.	24130

(3) Notwithstanding divisions (A)(2) and (D) of this	24131
section, beginning with the school year that starts in 2001 and	24132
continuing thereafter the board of education of any district may	24133
adopt a resolution establishing the first day of August in lieu of	24134
the thirtieth day of September as the required date by which	24135
students must have attained the age specified in those divisions.	24136

(B) As used in divisions (C) and (D) of this section,	24137
"successfully completed kindergarten" and "successful completion	24138
of kindergarten" mean that the child has completed the	24139
kindergarten requirements at one of the following:	24140

(1) A public or chartered nonpublic school;

24141

(2) A kindergarten class that is both of the following:

24142

(a) Offered by a day-care provider licensed under Chapter	24143
5104. of the Revised Code;	24144

(b) If offered after July 1, 1991, is directly taught by a	24145
teacher who holds one of the following:	24146

(i) A valid educator license issued under section 3319.22 of	24147
the Revised Code;	24148

(ii) A Montessori preprimary credential or age-appropriate	24149
diploma granted by the American Montessori society or the	24150
association Montessori internationale;	24151

(iii) Certification determined under division (G) of this	24152
section to be equivalent to that described in division	24153
(B)(2)(b)(ii) of this section;	24154

(iv) Certification for teachers in nontax-supported schools	24155
pursuant to section 3301.071 of the Revised Code.	24156

(C) Except as provided in division (D) of this section, no	24157
school district shall admit to the first grade any child who has	24158
not successfully completed kindergarten.	24159

(D) Upon request of a parent, the requirement of division	24160
(C) of this section may be waived by the district's pupil	24161
personnel services committee in the case of a child who is at	24162
least six years of age by the thirtieth day of September of the	24163
year of admittance and who demonstrates to the satisfaction of the	24164
committee the possession of the social, emotional, and cognitive	24165
skills necessary for first grade.	24166

The board of education of each city, local, and exempted	24167
village school district shall establish a pupil personnel services	24168
committee. The committee shall be composed of all of the	24169
following to the extent such personnel are either employed by the	24170
district or employed by the governing board of the educational	24171
service center within whose territory the district is located and	24172
the educational service center generally furnishes the services of	24173
such personnel to the district:	24174

(1) The director of pupil personnel services;

24175

(2) An elementary school counselor;

24176

(3) An elementary school principal;

24177

(4) A school psychologist;

24178

(5) A teacher assigned to teach first grade;

24179

(6) A gifted coordinator.

24180

The responsibilities of the pupil personnel services	24181
committee shall be limited to the issuing of waivers allowing	24182
admittance to the first grade without the successful completion of	24183
kindergarten. The committee shall have no other authority except	24184
as specified in this section.	24185

(E) The scheduling of times for kindergarten classes and	24186
length of the school day for kindergarten shall be determined by	24187
the board of education of a city, exempted village, or local	24188
school district.	24189

(F) Any kindergarten class offered by a day-care provider or	24190
school described by division (B)(1) or (B)(2)(a) of this section	24191
shall be developmentally appropriate.	24192

(G) Upon written request of a day-care provider described by	24193
division (B)(2)(a) of this section, the department of education	24194
shall determine whether certification held by a teacher employed	24195
by the provider meets the requirement of division (B)(2)(b)(iii)	24196
of this section and, if so, shall furnish the provider a statement	24197
to that effect.	24198

Sec. 3323.09.  (A) As used in this section:

24199

(1) "Home" has the meaning given in section 3313.64 of the	24200
Revised Code;	24201

(2) "Preschool child" means a child who is at least age three	24202
but under age six on the thirtieth day of September of an academic	24203
year.	24204

(B) Each county MR/DD board shall establish special	24205
education programs for all handicapped children who in accordance	24206
with section 3323.04 of the Revised Code have been placed in	24207
special education programs operated by the county board and for	24208
preschool children who are developmentally delayed or at risk of	24209
being developmentally delayed. The board annually shall submit to	24210
the department of education a plan for the provision of these	24211
programs and, if applicable, a request for approval of units under	24212
section 3317.05 of the Revised Code. The superintendent of public	24213
instruction shall review the plan and approve or modify it in	24214
accordance with rules adopted by the state board of education	24215
under section 3301.07 of the Revised Code. The superintendent of	24216
public instruction shall compile the plans submitted by county	24217
boards and shall submit a comprehensive plan to the state board of	24218
education.	24219

A county MR/DD board may combine transportation for children	24220
enrolled in classes funded under section 3317.20 or units approved	24221
under section 3317.05 with transportation for children and adults	24222
enrolled in programs and services offered by the board under	24223
section 5126.12 of the Revised Code.	24224

(C) A county MR/DD board that during the school year	24225
provided special education pursuant to this section for any	24226
mentally handicapped child under twenty-two years of age shall	24227
prepare and submit the following reports and statements:	24228

(1) The board shall prepare a statement for each child who	24229
at the time of receiving such special education was a resident of	24230
a home and was not in the legal or permanent custody of an Ohio	24231
resident or a government agency in this state, and whose parents	24232
are not known to have been residents of this state subsequent to	24233
the child's birth. The statement shall contain the child's name,	24234
the name of histhe child's school district of residence, the name	24235
of the county board providing the special education, and the	24236
number of months, including any fraction of a month, it was	24237
provided. Not later than the thirtieth day of June, the board	24238
shall forward a certified copy of such statement to both the	24239
director of mental retardation and developmental disabilities and	24240
to the home.	24241

Within thirty days after its receipt of a statement, the home	24242
shall pay tuition to the county board computed in the manner	24243
prescribed by section 3323.141 of the Revised Code.	24244

(2) The board shall prepare a report for each school	24245
district that is the school district of residence of one or more	24246
of such children for whom statements are not required by division	24247
(C)(1) of this section. The report shall contain the name of the	24248
county board providing special education, the name of each child	24249
receiving special education, the number of months, including	24250
fractions of a month, that hethe child received it, and the name	24251
of the child's school district of residence. Not later than the	24252
thirtieth day of June, the board shall forward certified copies of	24253
each report to the school district named in the report, the	24254
superintendent of public instruction, and the director of mental	24255
retardation and developmental disabilities.	24256

Sec. 3323.091.  (A) The department of mental health, the	24257
department of mental retardation and developmental disabilities,	24258
the department of youth services, and the department of	24259
rehabilitation and correction shall establish and maintain special	24260
education programs for handicapped children in institutions under	24261
their jurisdiction according to standards adopted by the state	24262
board of education. The superintendent of each institution	24263
providing special education under this chapter may apply to the	24264
state department of education for unit funding, which shall be	24265
paid in accordance with sections 3317.1613317.052 and 3317.162	24266
3317.053 of the Revised Code.	24267

(B) On or before the thirtieth day of June of each year, the	24268
superintendent of each institution that during the school year	24269
provided special education pursuant to this section shall prepare	24270
a statement for each handicapped child under twenty-two years of	24271
age who has received special education. The statement shall	24272
contain the child's name and the name of the child's school	24273
district of residence. Within sixty days after receipt of such	24274
statement, the department of education shall perform one of the	24275
following:	24276

(1) For any child except a handicapped preschool child	24277
described in division (B)(2) of this section, pay to the	24278
institution submitting the statement an amount equal to the	24279
tuition calculated under division (A) of section 3317.08 of the	24280
Revised Code for the period covered by the statement, and deduct	24281
the same from the amount of state funds, if any, payable under	24282
sections 3317.022 and 3317.023 of the Revised Code, to the child's	24283
school district of residence or, if the amount of such state funds	24284
is insufficient, require the child's school district of residence	24285
to pay the institution submitting the statement an amount equal to	24286
the amount determined under this division.	24287

(2) For any handicapped preschool child not included in a	24288
unit approved under division (B) of section 3317.05 of the Revised	24289
Code, perform the following:	24290

(a) Pay to the institution submitting the statement an	24291
amount equal to the tuition calculated under division (B) of	24292
section 3317.08 of the Revised Code for the period covered by the	24293
statement, except that in calculating the tuition under that	24294
section the operating expenses of the institution submitting the	24295
statement under this section shall be used instead of the	24296
operating expenses of the school district of residence;	24297

(b) Deduct from the amount of state funds, if any, payable	24298
under sections 3317.022 and 3317.023 of the Revised Code to the	24299
child's school district of residence an amount equal to the amount	24300
paid under division (B)(2)(a) of this section.	24301

Sec. 3327.10.  (A) No person shall be employed as driver of	24302
a school bus or motor van, owned and operated by any school	24303
district or educational service center or privately owned and	24304
operated under contract with any school district or service center	24305
in this state, who has not received a certificate from the	24306
educational service center governing board in case such person is	24307
employed by a service center or by a local school district under	24308
the supervision of the service center governing board, or by the	24309
superintendent of schools, in case such person is employed by the	24310
board of a city or exempted village school district, certifying	24311
that such person is at least eighteen years of age and is of good	24312
moral character and is qualified physically and otherwise for such	24313
position. The service center governing board or the	24314
superintendent, as the case may be, shall provide for an annual	24315
physical examination that conforms with rules adopted by the state	24316
board of education of each driver to ascertain histhe driver's	24317
physical fitness for such employment. Any certificate may be	24318
revoked by the authority granting the same on proof that the	24319
holder has been guilty of failing to comply with division (D)(1)	24320
of this section, or upon a conviction or a guilty plea for a	24321
violation, or any other action, that results in a loss or	24322
suspension of driving rights. Failure to comply with such	24323
division may be cause for disciplinary action or termination of	24324
employment under division (C) of section 3319.081, or section	24325
124.34 of the Revised Code.	24326

(B) No person shall be employed as driver of a school bus or	24327
motor van not subject to the rules of the department of education	24328
pursuant to division (A) of this section who has not received a	24329
certificate from the school administrator or contractor certifying	24330
that such person is at least eighteen years of age, is of good	24331
moral character, and is qualified physically and otherwise for	24332
such position. Each driver shall have an annual physical	24333
examination which conforms to the state highway patrol rules,	24334
ascertaining histhe driver's physical fitness for such	24335
employment. AnyThe examination shall be performed by one of the	24336
following:	24337

(1) A person licensed under Chapter 4731. of the Revised Code	24338
or by another state to practice medicine and surgery or	24339
osteopathic medicine and surgery;	24340

(2) A registered nurse who holds a certificate of authority	24341
issued under Chapter 4723. of the Revised Code to practice as a	24342
certified nurse practitioner or clinical nurse specialist and is	24343
practicing pursuant to a standard care arrangement with a	24344
collaborating physician.	24345

Any certificate may be revoked by the authority granting the	24346
same on proof that the holder has been guilty of failing to comply	24347
with division (D)(2) of this section.	24348

(C) Any person who drives a school bus or motor van must	24349
give satisfactory and sufficient bond except a driver who is an	24350
employee of a school district and who drives a bus or motor van	24351
owned by the school district.	24352

(D) No person employed as driver of a school bus or motor	24353
van under this section who is convicted of a traffic violation or	24354
who has had histhe person's commercial driver's license suspended	24355
or revoked shall drive a school bus or motor van until such person	24356
has filed a written notice of such conviction, suspension, or	24357
revocation as follows:	24358

(1) If hethe person is employed under division (A) of this	24359
section, such notice shall be filed with the superintendent, or a	24360
person designated by the superintendent, of the school district	24361
for which such person drives a school bus or motor van as an	24362
employee or drives a privately owned and operated school bus or	24363
motor van under contract.	24364

(2) If employed under division (B) of this section, such	24365
notice shall be filed with the employing school administrator or	24366
contractor, or a person designated by the administrator or	24367
contractor.	24368

(E) In addition to resulting in possible revocation of a	24369
certificate as authorized by divisions (A) and (B) of this	24370
section, violation of division (D) of this section is a minor	24371
misdemeanor.	24372

Sec. 3333.02.  The Ohio board of regents shall hold its first	24373
meeting at the call of the governor, within three months after all	24374
members have been appointed and qualified. Meetings thereafter	24375
shall be called in such manner and at such times as prescribed by	24376
rules adopted by the board, but the board shall meet at least four	24377
times annually. A majority of the board constitutes a quorum. At	24378
its first meeting, the board shall organize by selecting a	24379
chairmanchairperson, a vice-chairmanvice-chairperson, and a	24380
secretary, and such other officers as it deems necessary. The	24381
board shall adopt rules for the conduct of its business, and to	24382
provide for the term and election of officers, and shall establish	24383
an office in Columbus. The rules shall permit the formation of a	24384
quorum and the taking of votes at meetings conducted by	24385
interactive video teleconference if provisions are made for public	24386
attendance at any location involved in such a teleconference.	24387

A record shall be kept of board proceedings, which shall be	24388
open for public inspection. The board shall adopt a seal to be	24389
affixed to official documents. Each member of the board, before	24390
entering on his official duties and after qualifying for office,	24391
shall take and subscribe to an oath of office, to uphold the	24392
constitution and laws of the United States and this state, and to	24393
perform the duties of his office honestly, faithfully, and	24394
impartially.	24395

Sec. 3333.03.  (A) The Ohio board of regents shall appoint a	24396
chancellor to serve at its pleasure and shall prescribe histhe	24397
chancellor's duties. The board shall fix the compensation for the	24398
chancellor and for all other professional, administrative, and	24399
clerical employees necessary to assist the board and the	24400
chancellor in the performance of their duties.	24401

(B) The chancellor is the administrative officer of the	24402
board, and is responsible for appointing and fixing the	24403
compensation of all professional, administrative, and clerical	24404
employees and staff members, subject to board approval, who	24405
necessary to assist the board and the chancellor in the	24406
performance of their duties. All employees and staff shall serve	24407
under his direction and controlat the chancellor's pleasure.	24408
The chancellor shall be a person qualified by training and	24409
experience to understand the problems and needs of the state in	24410
the field of higher education and to devise programs, plans, and	24411
methods of solving the problems and meeting the needs.	24412

(C) Neither the chancellor nor any staff member or employee	24413
of the board shall be a trustee, officer, or employee of any	24414
public or private college or university while serving on the	24415
board.	24416

Sec. 3333.043.  (A) As used in this section:

24417

(1) "Institution of higher education" means the state	24418
universities listed in section 3345.011 of the Revised Code,	24419
municipal educational institutions established under Chapter 3349.	24420
of the Revised Code, community colleges established under Chapter	24421
3354. of the Revised Code, university branches established under	24422
Chapter 3355. of the Revised Code, technical colleges established	24423
under Chapter 3357. of the Revised Code, state community colleges	24424
established under Chapter 3358. of the Revised Code, any	24425
institution of higher education with a certificate of registration	24426
from the state board of proprietary school registration, and any	24427
institution for which the Ohio board of regents receives a notice	24428
pursuant to division (C) of this section.	24429

(2) "Community service" has the same meaning as in section	24430
3313.605 of the Revised Code.	24431

(B)(1) The board of trustees or other governing entity of	24432
each institution of higher education shall encourage and promote	24433
participation of students in community service through a program	24434
appropriate to the mission, student population, and environment of	24435
each institution. The program may include, but not be limited to,	24436
providing information about community service opportunities during	24437
student orientation or in student publications; providing awards	24438
for exemplary community service; encouraging faculty members to	24439
incorporate community service into students' academic experiences	24440
wherever appropriate to the curriculum; encouraging recognized	24441
student organizations to undertake community service projects as	24442
part of their purposes; and establishing advisory committees of	24443
students, faculty members, and community and business leaders to	24444
develop cooperative programs that benefit the community and	24445
enhance student experience. The program shall be flexible in	24446
design so as to permit participation by the greatest possible	24447
number of students, including part-time students and students for	24448
whom participation may be difficult due to financial, academic,	24449
personal, or other considerations. The program shall emphasize	24450
community service opportunities that can most effectively use the	24451
skills of students, such as tutoring or literacy programs. The	24452
programs shall encourage students to perform services that will	24453
not supplant the hiring of, result in the displacement of, or	24454
impair any existing employment contracts of any particular	24455
employee of any private or governmental entity for which services	24456
are performed.	24457

(2) The Ohio board of regents shall encourage all	24458
institutions of higher education in the development of community	24459
service programs. With the assistance of the stateOhio community	24460
service advisory committeecouncil created in section 121.40 of	24461
the Revised Code, the board of regents shall make available	24462
information about higher education community service programs to	24463
institutions of higher education and to statewide organizations	24464
involved with or promoting volunteerism, including information	24465
about model community service programs, teacher training courses,	24466
and community service curricula and teaching materials for	24467
possible use by institutions of higher education in their	24468
programs. The board shall encourage institutions of higher	24469
education to jointly coordinate higher education community service	24470
programs through consortia of institutions or other appropriate	24471
means of coordination.	24472

(C) The board of trustees of any nonprofit institution with	24473
a certificate of authorization issued by the Ohio board of regents	24474
pursuant to Chapter 1713. of the Revised Code may notify the board	24475
of regents that it is making itself subject to divisions (A) and	24476
(B) of this section. Upon receipt of such a notice, these	24477
divisions shall apply to that institution.	24478

Sec. 3333.12.  (A) As used in this section:

24479

(1) "Eligible student" means an undergraduate student who is:

24480

(a) An Ohio resident;

24481

(b) Enrolled in either of the following:

24482

(i) An accredited institution of higher education in this	24483
state that meets the requirements of Title VI of the Civil Rights	24484
Act of 1964 and is state-assisted, is nonprofit and has a	24485
certificate of authorization from the Ohio board of regents	24486
pursuant to Chapter 1713. of the Revised Code, or has a	24487
certificate of registration from the state board of proprietary	24488
school registration and program authorization to award an	24489
associate or bachelor's degree. Students who attend an	24490
institution that holds a certificate of registration shall be	24491
enrolled in a program leading to an associate or bachelor's degree	24492
for which associate or bachelor's degree program the institution	24493
has program authorization issued under section 3332.05 of the	24494
Revised Code.	24495

(ii) A technical education program of at least two years	24496
duration sponsored by a private institution of higher education in	24497
this state that meets the requirements of Title VI of the Civil	24498
Rights Act of 1964.	24499

(c) Enrolled as a full-time student or enrolled as a less	24500
than full-time student for the term expected to be the student's	24501
final term of enrollment and is enrolled for the number of credit	24502
hours necessary to complete the requirements of the program in	24503
which the student is enrolled.	24504

(2) "Gross income" includes all taxable and nontaxable income	24505
of the parents, the student, and the student's spouse, except	24506
income derived from an Ohio academic scholarship, income earned by	24507
the student between the last day of the spring term and the first	24508
day of the fall term, and other income exclusions designated by	24509
the board. Gross income may be verified to the board by the	24510
institution in which the student is enrolled using the federal	24511
financial aid eligibility verification process or by other means	24512
satisfactory to the board.	24513

(3) "Resident," "full-time student," "dependent,"	24514
"financially independent," and "accredited" shall be defined by	24515
rules adopted by the board.	24516

(B) The Ohio board of regents shall establish and administer	24517
an instructional grant program and may adopt rules to carry out	24518
this section. The general assembly shall support the	24519
instructional grant program by such sums and in such manner as it	24520
may provide, but the board may also receive funds from other	24521
sources to support the program. If the amounts available for	24522
support of the program are inadequate to provide grants to all	24523
eligible students, preference in the payment of grants shall be	24524
given in terms of income, beginning with the lowest income	24525
category of gross income and proceeding upward by category to the	24526
highest gross income category.	24527

An instructional grant shall be paid to an eligible student	24528
through the institution in which the student is enrolled, except	24529
that no instructional grant shall be paid to any person serving a	24530
term of imprisonment. Applications for such grants shall be made	24531
as prescribed by the board, and such applications may be made in	24532
conjunction with and upon the basis of information provided in	24533
conjunction with student assistance programs funded by agencies of	24534
the United States government or from financial resources of the	24535
institution of higher education. The institution shall certify	24536
that the student applicant meets the requirements set forth in	24537
divisions (A)(1)(b) and (c) of this section. Instructional grants	24538
shall be provided to an eligible student only as long as the	24539
student is making appropriate progress toward a nursing diploma or	24540
an associate or bachelor's degree. No student shall be eligible	24541
to receive a grant for more than ten semesters, fifteen quarters,	24542
or the equivalent of five academic years. A grant made to an	24543
eligible student on the basis of less than full-time enrollment	24544
shall be based on the number of credit hours for which the student	24545
is enrolled and shall be computed in accordance with a formula	24546
adopted by the board. No student shall receive more than one	24547
grant on the basis of less than full-time enrollment.	24548

An instructional grant shall not exceed the total	24549
instructional and general charges of the institution.	24550

(C) The tables in this division prescribe the maximum grant	24551
amounts covering two semesters, three quarters, or a comparable	24552
portion of one academic year. Grant amounts for additional terms	24553
in the same academic year shall be determined under division (D)	24554
of this section.	24555

For a full-time student who is a dependent and enrolled in a	24556
nonprofit educational institution that is not a state-assisted	24557
institution and that has a certificate of authorization issued	24558
pursuant to Chapter 1713. of the Revised Code, the amount of the	24559
instructional grant for two semesters, three quarters, or a	24560
comparable portion of the academic year shall be determined in	24561
accordance with the following table:	24562

Table of Grants

24563

Private Institution

24585

Table of Grants

24586

For a full-time student who is financially independent and	24607
enrolled in a nonprofit educational institution that is not a	24608
state-assisted institution and that has a certificate of	24609
authorization issued pursuant to Chapter 1713. of the Revised	24610
Code, the amount of the instructional grant for two semesters,	24611
three quarters, or a comparable portion of the academic year shall	24612
be determined in accordance with the following table:	24613

Table of Grants

24614

Private Institution

24637

Table of Grants

24638

For a full-time student who is a dependent and enrolled in an	24660
educational institution that holds a certificate of registration	24661
from the state board of proprietary school registration, the	24662
amount of the instructional grant for two semesters, three	24663
quarters, or a comparable portion of the academic year shall be	24664
determined in accordance with the following table:	24665

Table of Grants

24666

Proprietary Institution

24688

Table of Grants

24689

For a full-time student who is financially independent and	24710
enrolled in an educational institution that holds a certificate of	24711
registration from the state board of proprietary school	24712
registration, the amount of the instructional grant for two	24713
semesters, three quarters, or a comparable portion of the academic	24714
year shall be determined in accordance with the following table:	24715

Table of Grants

24716

Proprietary Institution

24739

Table of Grants

24740

For a full-time student who is a dependent and enrolled in a	24762
state-assisted educational institution, the amount of the	24763
instructional grant for two semesters, three quarters, or a	24764
comparable portion of the academic year shall be determined in	24765
accordance with the following table:	24766

Table of Grants

24769

Public Institution

24789

Table of Grants

24790

For a full-time student who is financially independent and	24811
enrolled in a state-assisted educational institution, the amount	24812
of the instructional grant for two semesters, three quarters, or a	24813
comparable portion of the academic year shall be determined in	24814
accordance with the following table:	24815

Table of Grants

24816

Public Institution

24839

Table of Grants

24840

(D) For a full-time student enrolled in an eligible	24862
institution for a semester or quarter in addition to the portion	24863
of the academic year covered by a grant determined under division	24864
(C) of this section, the maximum grant amount shall be a	24865
percentage of the maximum prescribed in the applicable table of	24866
that division. The maximum grant for a fourth quarter shall be	24867
one-third of the maximum amount prescribed under that division.	24868
The maximum grant for a third semester shall be one-half of the	24869
maximum amount prescribed under that division.	24870

(E) No grant shall be made to any student in a course of	24871
study in theology, religion, or other field of preparation for a	24872
religious profession unless such course of study leads to an	24873
accredited bachelor of arts, bachelor of science, associate of	24874
arts, or associate of science degree.	24875

(F)(1) Except as provided in division (F)(2) of this	24876
section, no grant shall be made to any student for enrollment	24877
during a fiscal year in an institution with a cohort default rate	24878
determined by the United States secretary of education pursuant to	24879
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	24880
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	24881
preceding the fiscal year, equal to or greater than thirty per	24882
cent for each of the preceding two fiscal years.	24883

(2) Division (F)(1) of this section does not apply to the	24884
following:	24885

(a) Any student enrolled in an institution that under the	24886
federal law appeals its loss of eligibility for federal financial	24887
aid and the United States secretary of education determines its	24888
cohort default rate after recalculation is lower than the rate	24889
specified in division (F)(1) of this section or the secretary	24890
determines due to mitigating circumstances the institution may	24891
continue to participate in federal financial aid programs. The	24892
board shall adopt rules requiring institutions to provide	24893
information regarding an appeal to the board.	24894

(b) Any student who has previously received a grant under	24895
this section who meets all other requirements of this section.	24896

(3) The board shall adopt rules for the notification of all	24897
institutions whose students will be ineligible to participate in	24898
the grant program pursuant to division (F)(1) of this section.	24899

(4) A student's attendance at an institution whose students	24900
lose eligibility for grants under division (F)(1) of this section	24901
shall not affect that student's eligibility to receive a grant	24902
when enrolled in another institution.	24903

(G) Institutions of higher education that enroll students	24904
receiving instructional grants under this section shall report to	24905
the board all students who have received instructional grants but	24906
are no longer eligible for all or part of such grants and shall	24907
refund any moneys due the state within thirty days after the	24908
beginning of the quarter or term immediately following the quarter	24909
or term in which the student was no longer eligible to receive all	24910
or part of the student's grant. There shall be an interest charge	24911
of one per cent per month on all moneys due and payable after such	24912
thirty-day period. The board shall immediately notify the office	24913
of budget and management and the legislative budget office of the	24914
legislative service commission of all refunds so received.	24915

Sec. 3333.13.  (A) Money appropriated to state supported and	24916
state assisted institutions of higher education and to the Ohio	24917
board of regents for the purposes of this division shall be paid	24918
at the times and in the amounts necessary to meet all payments	24919
required to be made by such institutions and by the board to the	24920
Ohio public facilities commission or treasurer of state pursuant	24921
to leases or agreements made by them under division (B) of section	24922
154.21 of the Revised Code, as certified under division (C) of	24923
this section, including supplements to such certifications.	24924

(B) Each such institution of higher education and theThe	24925
board shall include in its estimate of proposed expenses submitted	24926
pursuant to section 126.02 of the Revised Code the estimated	24927
amounts of all such payments to be made by it. The board shall	24928
include the estimated amounts of all such payments to be made by	24929
each such institution and of such payments to be made by it in	24930
recommendations for appropriation required by division (J) of	24931
section 3333.04 of the Revised Code. The director of budget and	24932
management shall include in the state budget estimates provided	24933
for in section 126.02 of the Revised Code the estimated amount of	24934
all such payments to be made during the next biennium, and this	24935
amount shall be included in the state budget to be submitted by	24936
the governor to the general assembly pursuant to section 107.03 of	24937
the Revised Code.	24938

(C) On the first day of July of each year, or as soon	24939
thereafter as is practicable, the chancellor or a vice-chancellor	24940
of the board shall certify to the director the payments contracted	24941
to be made, during the period of the then current appropriations	24942
made for the purposes of division (A) of this section, to the	24943
commission or treasurer of state by each state supported and state	24944
assisted institution of higher education and by the board pursuant	24945
to leases and agreements made under division (B) of section 154.21	24946
of the Revised Code. The certification shall state the amounts	24947
and dates of payment required therefor as to each such institution	24948
of higher education and the board, and the amounts to be credited	24949
pursuant to such leases and agreements to the higher education	24950
bond service trust fund and other special funds established	24951
pursuant to Chapter 154. of the Revised Code. If the director	24952
finds such certification to be correct, the director shall	24953
promptly add the director's certification thereto and submit it to	24954
the treasurer of state. Such annual certification shall be	24955
supplemented in similar manner upon the execution of each new	24956
lease or agreement, any supplement to an existing lease or	24957
agreement, or any amendment thereof, affecting the amounts of	24958
those payments.	24959

Sec. 3333.21.  As used in sections 3333.21 to 3333.23 of the	24960
Revised Code, "term" and "academic year" mean "term" and "academic	24961
year" as defined by the Ohio board of regents.	24962

The board shall establish and administer an academic	24963
scholarship program. Under the program, a total of one thousand	24964
new scholarships shall be awarded annually in the amount of not	24965
less than two thousand dollars per award. At least one such new	24966
scholarship shall be awarded annually to a student in each public	24967
high school and joint vocational school and each nonpublic high	24968
school for which the state board of education prescribes minimum	24969
standards in accordance with section 3301.07 of the Revised Code.	24970

To be eligible for the award of a scholarship, a student	24971
shall be a resident of Ohio and shall be enrolled as a full-time	24972
undergraduate student in an Ohio institution of higher education	24973
that meets the requirements of Title VI of the "Civil Rights Act	24974
of 1964" and is state-assisted, is nonprofit and holds a	24975
certificate of authorization issued under section 1713.02 of the	24976
Revised Code, or holds a certificate of registration and program	24977
authorization issued under section 3332.05 of the Revised Code and	24978
awards an associate or bachelor's degree. Students who attend an	24979
institution holding a certificate of registration shall be	24980
enrolled in a program leading to an associate or bachelor's degree	24981
for which associate or bachelor's degree program the institution	24982
has program authorization to offer the program issued under	24983
section 3332.05 of the Revised Code.	24984

"Resident" and "full-time student" shall be defined by board	24985
rule.	24986

The board shall award the scholarships on the basis of a	24987
formula designed by it to identify students with the highest	24988
capability for successful college study. The formula shall weigh	24989
the factor of achievement, as measured by grade point average, and	24990
the factor of ability, as measured by performance on a competitive	24991
examination specified by the board. Students receiving	24992
scholarships shall be known as "Ohio academic scholars." Annually,	24993
not later than the thirty-first day of July, the board shall	24994
report to the governor and the general assembly on the performance	24995
of current Ohio academic scholars and the effectiveness of its	24996
formula.	24997

Sec. 3333.22.  Each Ohio academic scholarship shall be	24998
awarded for an academic year and may be renewed for each of three	24999
additional academic years. The scholarship amount awarded to a	25000
scholar for an academic year shall be not less than two thousand	25001
dollars. A scholarship shall be renewed if the scholar maintains	25002
an academic record satisfactory to the Ohio board of regents and	25003
meets any of the following conditions:	25004

(A) The scholar is enrolled as a full-time undergraduate;

25005

(B) The scholar was awarded an undergraduate degree in less	25006
than four academic years and is enrolled as a full-time graduate	25007
or professional student in an Ohio institution of higher education	25008
that meets the requirements of Title VI of the "Civil Rights Act	25009
of 1964" and is state-assisted or is nonprofit and holds a	25010
certificate of authorization issued under section 1713.02 of the	25011
Revised Code;	25012

(C) The scholar is a full-time student concurrently enrolled	25013
as an undergraduate student and as a graduate or professional	25014
student in an Ohio institution of higher education that meets the	25015
requirements of division (B) of this section.	25016

Each amount awarded shall be paid in equal installments to	25017
the scholar at the time of enrollment for each term of the	25018
academic year for which the scholarship is awarded or renewed. No	25019
scholar is eligible to receive an Ohio academic scholarship for	25020
more than the equivalent of four academic years.	25021

If an Ohio academic scholar is temporarily unable to attend	25022
school because of illness or other cause satisfactory to the	25023
board, the board may grant a leave of absence for a designated	25024
period of time. If a scholar discontinues full-time attendance at	25025
the scholar's school during a term because of illness or other	25026
cause satisfactory to the board, the scholar may either claim a	25027
prorated payment for the period of actual attendance or waive	25028
payment for that term. A term for which prorated payment is made	25029
shall be considered a full term for which a scholarship was	25030
received. A term for which payment is waived shall not be	25031
considered a term for which a scholarship was received.	25032

Receipt of an Ohio academic scholarship shall not affect a	25033
scholar's eligibility for the Ohio instructional grant program.	25034

Sec. 3345.05. (A) All registration fees, nonresident tuition	25035
fees, academic fees for the support of off-campus instruction,	25036
laboratory and course fees when so assessed and collected, student	25037
health fees for the support of a student health service, all other	25038
fees, deposits, charges, receipts, and income from all or part of	25039
the students, all subsidy or other payments from state	25040
appropriations, and all other fees, deposits, charges, receipts,	25041
and income received by each state-supported university and	25042
college, the Ohio state university hospitals and their ancillary	25043
facilities, the Ohio agricultural research and development center,	25044
and the Ohio state university cooperative extension service shall	25045
be held and administered by the respective boards of trustees of	25046
the state-supported universities and colleges; provided, that such	25047
fees, deposits, charges, receipts, and income, to the extent	25048
required by resolutions, trust agreements, indentures, leases, and	25049
agreements adopted, made, or entered into under Chapter 154. or	25050
section 3345.07, 3345.11, or 3345.12 of the Revised Code, shall be	25051
held, administered, transferred, and applied in accordance	25052
therewith.	25053

The Ohio board of regents shall require annual reporting by	25054
the Ohio agricultural research and development center and by each	25055
university and college receiving state aid in such form and detail	25056
as determined by the board in consultation with such center,	25057
universities and colleges, and the director of budget and	25058
management.	25059

(B) No board of trustees shall be eligible to make	25060
investments under this division unless a foundation has been or is	25061
established for the institution and that foundation enters into	25062
the agreement specified in this division. Notwithstanding any	25063
provision of the Revised Code to the contrary, the title to	25064
investments made by a board of trustees using any revenues	25065
described by division (A) of this section shall not be vested in	25066
the state, but shall be held in trust by the board of trustees.	25067
Such investments shall be made pursuant to an investment policy	25068
developed in consultation with the auditor of state and approved	25069
by the board in public session. The policy adopted by the board	25070
shall require at a minimum:	25071

(1) That at the beginning of each fiscal year, the board of	25072
trustees review and approve a cash budget which shall indicate	25073
those funds needed for current operations and those funds not	25074
needed for current operations available to be invested by the	25075
board;	25076

(2) That the board of trustees and the institution's	25077
foundation enter into an agreement under which the foundation	25078
shall establish a reserve fund equal to at least twenty-five per	25079
cent of the value of the investments made by the board, which	25080
agreement shall stipulate that the total amount of such reserve	25081
fund shall be payable from the foundation to the institution	25082
should at any time the value of the investments made by the board	25083
decline to or below seventy-five per cent of the value of the	25084
original investments.	25085

(3) That any investment in securities be limited to only	25086
investment-grade securities;	25087

(4) The establishment of an investments committee. The	25088
committee shall review and recommend to the board any revision in	25089
the investment policy and shall provide advice on the	25090
institution's investments in order to ensure the best and safest	25091
return of funds available to the institution for deposit or	25092
investment. The committee shall be required to meet at least	25093
quarterly and shall be authorized to retain the services of an	25094
investment advisor, provided the advisor is licensed by the	25095
division of securities under section 1707.141 of the Revised Code	25096
or is registered with the United States securities and exchange	25097
commission, and possesses public funds investment experience,	25098
specifically in the area of state and local government investment	25099
portfolios or provided the advisor is an eligible institution	25100
mentioned in section 135.03 of the Revised Code.	25101

Sec. 3345.19.  In the exercise of their respective powers of	25102
government conferred by Chapter 3345. of the Revised Code and	25103
other pertinent provisions of law, the boards of trustees of	25104
Bowling Green state university, Kent state university, Miami	25105
university, Ohio university, and the Ohio state university shall	25106
observe the following enrollment limitations insofar as the autumn	25107
quarter enrollment or any other quarter enrollment on a full-time	25108
equivalent basis as defined by the Ohio board of regents is	25109
concerned:	25110

Campus student housing facilities shall only be authorized by	25116
boards of trustees within these limitations, and no contracts for	25117
construction of new residence hall facilities shall be entered	25118
into after October 1, 1969, without the prior approval by the Ohio	25119
board of regents.	25120

Sec. 3353.07. TheOn and after the effective date of this	25121
amendment, the Ohio educational telecommunications network	25122
commission shall not charge or collect broadcasting fees from	25123
operate the Ohio government telecommunications ofsystem that was	25124
operated by the capitol square review and advisory board prior to	25125
the effective date of this amendment.	25126

Sec. 3353.11.  There is hereby created in the state treasury	25127
the governmental television/telecommunications operating fund. The	25128
fund shall consist of money received from contract productions of	25129
the Ohio government telecommunications studio and shall be used	25130
for operations or equipment breakdowns related to the studio. All	25131
investment earnings on the fund shall be credited to the fund.	25132

Sec. 3383.01.  As used in this chapter:

25133

(A) "Arts" means any of the following:

25134

(1) Visual, musical, dramatic, graphic, and other arts and	25135
includes, including, but is not limited to, architecture, dance,	25136
literature, motion pictures, music, painting, photography,	25137
sculpture, and theater;	25138

(2) The presentation or making available, in museums or	25139
other indoor or outdoor facilities, of principles of science and	25140
their development, use, or application in business, industry, or	25141
commerce or of the history, heritage, development, presentation,	25142
and uses of the arts as defined abovedescribed in division (A)(1)	25143
of this section and of transportation;	25144

(3) The preservation, presentation, or making available of	25145
features of archaeological, architectural, environmental, or	25146
historical interest or significance in a state historical facility	25147
or a local historical facility.	25148

(B) "Arts organization" means either of the following:

25149

(1) A governmental agency or Ohio nonprofit corporation that	25150
provides programs or activities in areas directly concerned with	25151
the arts;	25152

(2) A regional arts and cultural district as defined in	25153
section 3381.01 of the Revised Code.	25154

(C) "Arts project" means all or any portion of an Ohio arts	25155
facility for which the general assembly has specifically	25156
authorized the spending of money, or made an appropriation,	25157
pursuant to division (D)(3) or (E) of section 3383.07 of the	25158
Revised Code.	25159

(D) "Cooperative contract" means a contract between the Ohio	25160
arts and sports facilities commission and an arts organization	25161
providing the terms and conditions of the cooperative use of an	25162
Ohio arts facility.	25163

(E) "Costs of operation" means amounts required to manage an	25164
Ohio arts facility that are incurred following the completion of	25165
construction of its arts project, provided that both of the	25166
following apply:	25167

(1) Those amounts either:

25168

(a) Have been committed to a fund dedicated to that purpose;

25169

(b) Equal the principal of any endowment fund, the income	25170
from which is dedicated to that purpose.	25171

(2) The commission and the arts organization have executed	25172
an agreement with respect to either of those funds.	25173

(E)(F) "General building services" means general building	25174
services for an Ohio arts facility or an Ohio sports facility,	25175
including, but not limited to, general custodial care, security,	25176
maintenance, repair, painting, decoration, cleaning, utilities,	25177
fire safety, grounds and site maintenance and upkeep, and	25178
plumbing.	25179

(F)(G) "Governmental agency" means a state agency, a	25180
state-supported or state-assisted institution of higher education,	25181
a municipal corporation, county, township, or school district, a	25182
port authority created under Chapter 4582. of the Revised Code,	25183
any other political subdivision or special district in this state	25184
established by or pursuant to law, or any combination of these	25185
entities; except where otherwise indicated, the United States or	25186
any department, division, or agency of the United States, or any	25187
agency, commission, or authority established pursuant to an	25188
interstate compact or agreement.	25189

(G)(H) "Local contributions" means the value of an asset	25190
provided by or on behalf of an arts organization from sources	25191
other than the state, the value and nature of which shall be	25192
approved by the Ohio arts and sports facilities commission, in its	25193
sole discretion. "Local contributions" may include the value of	25194
the site where an arts project is to be constructed. All "local	25195
contributions," except a contribution attributable to such a site,	25196
shall be for the costs of construction of an arts project or the	25197
costs of operation of an arts facility.	25198

(H)(I) "Local historical facility" means a site or facility,	25199
other than a state historical facility, of archaeological,	25200
architectural, environmental, or historical interest or	25201
significance, or a facility, including a storage facility,	25202
appurtenant to the operations of such a site or facility, that is	25203
owned by an arts organization, provided the facility meets the	25204
requirements of division (J)(K)(2)(b) of this section, is managed	25205
by or pursuant to a contract with the Ohio arts and sports	25206
facilities commission, and is used for or in connection with the	25207
activities of the commission, including the presentation or making	25208
available of arts to the public.	25209

(I)(J) "Manage," "operate," or "management" means the	25210
provision of, or the exercise of control over the provision of,	25211
activities:	25212

(1) Relating to the arts for an Ohio arts facility,	25213
including as applicable, but not limited to, providing for	25214
displays, exhibitions, specimens, and models; booking of artists,	25215
performances, or presentations; scheduling; and hiring or	25216
contracting for directors, curators, technical and scientific	25217
staff, ushers, stage managers, and others directly related to the	25218
arts activities in the facility; but not including general	25219
building services;	25220

(2) Relating to sports and athletic events for an Ohio	25221
sports facility, including as applicable, but not limited to,	25222
providing for booking of athletes, teams, and events; scheduling;	25223
and hiring or contracting for staff, ushers, managers, and others	25224
directly related to the sports and athletic events in the	25225
facility; but not including general building services.	25226

(J)(K) "Ohio arts facility" means any of the following:

25227

(1) The three theaters located in the state office tower at	25228
77 South High street in Columbus;	25229

(2) Any capital facility in this state to which allboth of	25230
the following apply:	25231

(a) The construction of an arts project related to the	25232
facility was authorized or funded by the general assembly pursuant	25233
to division (D)(3) of section 3383.07 of the Revised Code and	25234
proceeds of state bonds are used for costs of the arts project.	25235

(b) The state owns or has sufficient real property interests	25236
in the facility or in the portion of the facility financed from	25237
the proceeds of obligations or in the site of the facility for a	25238
period of no less than the greater of the useful life of the	25239
portion of the facility financed from the proceeds of those	25240
obligations as determined by the director of budget and management	25241
using the guidelines for maximum maturities as provided under	25242
divisions (B), (C), and (E) of section 133.20 of the Revised Code,	25243
or the period of time remaining to the date of payment or	25244
provision for payment of outstanding obligations issued by the	25245
Ohio building authority allocable to costs of that portion of the	25246
facility, as determined by the director of budget and management,	25247
in either case as certified to the Ohio arts and sports facilities	25248
commission and the Ohio building authority.	25249

(c) The facility is managed directly by, or byis subject to	25250
a cooperative or management contract with, the Ohio arts and	25251
sports facilities commission, and is used for or in connection	25252
with the activities of the commission, including the presentation	25253
or making available of arts to the public. A cooperative or	25254
management contract shall be for a term not less than the time	25255
remaining to the date of payment or provision for payment of any	25256
state bonds issued to pay the costs of the arts project, as	25257
determined by the director of budget and management and certified	25258
by the director to the Ohio arts and sports facilities commission	25259
and to the Ohio building authority.	25260

(3) A state historical facility or a local historical	25261
facility.	25262

(K)(L) "State agency" means the state or any of its branches,	25263
officers, boards, commissions, authorities, departments,	25264
divisions, or other units or agencies.	25265

(L)(M) "Construction" includes acquisition, including	25266
acquisition by lease-purchase, demolition, reconstruction,	25267
alteration, renovation, remodeling, enlargement, improvement, site	25268
improvements, and related equipping and furnishing.	25269

(M)(N) "State historical facility" means a site or facility	25270
of archaeological, architectural, environmental, or historical	25271
interest or significance, or a facility, including a storage	25272
facility, appurtenant to the operations of such a site or	25273
facility, that is owned by or is located on real property owned by	25274
the state or by an arts organization, so long as the real property	25275
of the arts organization meets the requirements of division	25276
(J)(2)(b) of this section and is contiguous to state-owned real	25277
property that is in the care, custody, and control of an arts	25278
organization, and that is managed directly by or byis subject to	25279
a cooperative or management contract with the Ohio arts and sports	25280
facilities commission, and that is used for or in connection with	25281
the activities of the commission, including the presentation or	25282
making available of arts to the public.	25283

(N)(O) "Ohio sports facility" means all or a portion of a	25284
stadium, arena, or other capital facility in Ohiothis state, a	25285
primary purpose of which is to provide a site or venue for the	25286
presentation to the public of events of one or more major or minor	25287
league professional athletic or sports teams that are associated	25288
with the state or with a city or region of the state, which	25289
facility is owned by or is located on real property owned by the	25290
state or a governmental agency, and including all parking	25291
facilities, walkways, and other auxiliary facilities, equipment,	25292
furnishings, and real and personal property and interests and	25293
rights therein, that may be appropriate for or used for or in	25294
connection with the facility or its operation, for capital costs	25295
of which state funds are spent pursuant to this chapter. A	25296
facility constructed as an Ohio sports facility may be both an	25297
Ohio arts facility and an Ohio sports facility.	25298

Sec. 3383.02.  (A) There is hereby created the Ohio arts and	25299
sports facilities commission. Notwithstanding any provision to	25300
the contrary contained in Chapter 152. of the Revised Code, the	25301
commission shall engage in and provide for the development,	25302
performance, and presentation or making available of the arts and	25303
professional sports and athletics to the public in this state by	25304
the exercise of its powers under this chapter, including the	25305
provision, operation, and management, and cooperative use of Ohio	25306
arts facilities and Ohio sports facilities. The commission is a	25307
body corporate and politic, an agency of state government and an	25308
instrumentality of the state, performing essential governmental	25309
functions of this state. The carrying out of the purposes and the	25310
exercise by the commission of its powers conferred by this chapter	25311
are essential public functions and public purposes of the state	25312
and of state government. The commission may, in its own name, sue	25313
and be sued, enter into contracts, and perform all the powers and	25314
duties given to it by this chapter but it does not have and shall	25315
not exercise the power of eminent domain.	25316

(B) The commission shall consist of eightten members, five	25317
seven of whom shall be voting members and three of whom shall be	25318
nonvoting members. The fiveseven voting members shall be	25319
appointed by the governor, with the advice and consent of the	25320
senate, from different geographical regions of the state. In	25321
addition, one of the voting members shall represent the state	25322
architect. Not more than threefour of the members appointed by	25323
the governor shall be affiliated with the same political party.	25324
The nonvoting members shall be the staff director of the Ohio arts	25325
council, a member of the senate appointed by the president of the	25326
senate, and a member of the house of representatives appointed by	25327
the speaker of the house.	25328

(C) Of the five initial appointments made by the governor,	25329
one shall be for a term expiring December 31, 1989, two shall be	25330
for terms expiring December 31, 1990, and two shall be for terms	25331
expiring December 31, 1991. Of the initial appointments of the	25332
sixth and seventh voting members appointed by the governor as a	25333
result of this amendment, one shall be for a term expiring	25334
December 31, 2003, and one shall be for a term expiring December	25335
31, 2004. Thereafter, each such term shall be for three years,	25336
commencing on the first day of January and ending on the	25337
thirty-first day of December. Each appointment by the president	25338
of the senate and by the speaker of the house of representatives	25339
shall be for the balance of the then legislative biennium. Each	25340
member shall hold office from the date of the member's appointment	25341
until the end of the term for which the member was appointed. Any	25342
member appointed to fill a vacancy occurring prior to the	25343
expiration of the term for which the member's predecessor was	25344
appointed shall hold office for the remainder of such term. Any	25345
member shall continue in office subsequent to the expiration date	25346
of the member's term until the member's successor takes office, or	25347
until a period of sixty days has elapsed, whichever occurs first.	25348

(D) Members of the commission shall serve without	25349
compensation.	25350

(E) After each initial member of the commission has been	25351
appointed, the commission shall meet and organize by electing one	25352
of its voting members as chairperson and other voting members as	25353
vice-chairperson and secretary-treasurer, who shall hold their	25354
offices until the next organizational meeting of the commission.	25355
Organizational meetings of the commission shall be held at the	25356
first meeting of each calendar year. At each organizational	25357
meeting, the commission shall elect from among its voting members	25358
a chairperson, a vice-chairperson, and a secretary-treasurer, who	25359
shall serve until the next annual meeting. The commission shall	25360
adopt rules pursuant to section 111.15 of the Revised Code for the	25361
conduct of its internal business and shall keep a journal of its	25362
proceedings.	25363

(F) ThreeFour voting members of the commission constitute a	25364
quorum, and the affirmative vote of threefour members is	25365
necessary for approval of any action taken by the commission. A	25366
vacancy in the membership of the commission does not impair a	25367
quorum from exercising all the rights and performing all the	25368
duties of the commission. Meetings of the commission may be held	25369
anywhere in the state, and shall be held in compliance with	25370
section 121.22 of the Revised Code.	25371

(G) All expenses incurred in carrying out this chapter are	25372
payable solely from money accrued under this chapter or	25373
appropriated for these purposes by the general assembly, and the	25374
commission shall incur no liability or obligation beyond such	25375
money.	25376

(H) The commission shall file an annual report of its	25377
activities and finances with the governor, director of budget and	25378
management, speaker of the house of representatives, president of	25379
the senate, and chairpersons of the house and senate finance	25380
committees.	25381

(I) There is hereby established in the state treasury the	25382
Ohio arts and sports facilities commission administration fund.	25383
All revenues of the commission shall be credited to that fund and	25384
to any accounts created in the fund with the commission's	25385
approval. All expenses of the commission, including reimbursement	25386
of, or payment to, any other fund or any governmental agency for	25387
advances made or services rendered to or on behalf of the	25388
commission, shall be paid from the Ohio arts and sports facilities	25389
commission administration fund as determined by or pursuant to	25390
directions of the commission. All investment earnings of the	25391
administration fund shall be credited to the fund and shall be	25392
allocated among any accounts created in the fund in the manner	25393
determined by the commission.	25394

(J) Title to all real property and lesser interests in real	25395
property acquired by the commission, including leasehold and other	25396
interests, pursuant to this chapter shall be taken in the name of	25397
the state and shall be held for the use and benefit of the	25398
commission. The commission shall not mortgage such real property	25399
and interests in real property. Title to other property and	25400
interests in it acquired by the commission pursuant to this	25401
chapter shall be taken in its name.	25402

Sec. 3383.04.  The Ohio arts and sports facilities commission	25403
may:	25404

(A) Employ and fix the compensation of an executive director	25405
and such other employees as will facilitate the activities and	25406
purposes of the commission. Any executive director shall serve at	25407
the pleasure of the commission and may serve part-time. Other	25408
employees shall be employed by and serve at the pleasure of the	25409
commission or the executive director, as determined by the	25410
commission.	25411

(B) Adopt, amend, and rescind, pursuant to section 111.15 of	25412
the Revised Code, rules for the management and operation of Ohio	25413
arts facilities and Ohio sports facilities and for the exercise of	25414
all of the commission's rights with respect to those facilities;	25415

(C) Own, construct or provide for the construction of,	25416
lease, equip, furnish, administer, and manage or provide for the	25417
operation and management of, and cooperate in the use of, Ohio	25418
arts facilities and Ohio sports facilities;	25419

(D) Dispose of, whether by sale, lease, lease-purchase,	25420
sublease, re-lease, or otherwise, real and personal property, and	25421
lesser interests in it, held or owned by the state for the use and	25422
benefit of the commission or held or owned by the commission, if	25423
not needed for the commission's purposes, upon such terms as the	25424
commission determines, subject to approval by the governor in the	25425
case of real property and interests in it;	25426

(E) Grant such easements and other interests in real or	25427
personal property of the commission as will not interfere with the	25428
use of the property as an Ohio arts facility or an Ohio sports	25429
facility;	25430

(F) Fix, alter, and collect rentals and other charges for	25431
the use or availability for use of Ohio arts facilities or an Ohio	25432
sports facility, as determined solely by the commission, for the	25433
purpose of providing for all or a portion of the costs and	25434
expenses of the commission, and the costs to be paid by the	25435
commission of leasing, constructing, equipping, repairing,	25436
maintaining, administering, and managing, and cooperating in the	25437
use of Ohio arts facilities, including rentals to be paid by the	25438
commission for any Ohio arts facilities or for any Ohio sports	25439
facility;	25440

(G) Lease, sublease, cooperate in the use of, or otherwise	25441
make available to an arts organization, Ohio arts facilities, and	25442
to any governmental agency or nonprofit corporation, Ohio sports	25443
facilities, including real and personal property, or any interests	25444
in it, to carry out the purposes of this chapter;	25445

(H) Contract with, retain the services of, or designate, and	25446
fix the compensation of, such agents, accountants, attorneys,	25447
consultants, advisers, and other independent contractors as may be	25448
necessary or desirable to carry out the purposes of this chapter;	25449

(I) Procure insurance against loss to the commission by	25450
reason of damages to or nonusability of its property resulting	25451
from fire, theft, accident, or other casualties, or by reason of	25452
its liability for any damages to persons or property, including	25453
but not limited to, general liability insurance, business	25454
interruption insurance, liability insurance for members, officers,	25455
and employees, and copyright liability insurance;	25456

(J) Receive and accept gifts, grants, devises, bequests,	25457
loans, and any other financial or other form of aid or assistance	25458
from any governmental agency or other person and enter into any	25459
contract or agreement with any such agency or other person in	25460
connection therewith, and receive and accept aid or contributions	25461
from any other source of money, real or personal property, labor,	25462
or other things of value, to be held, used, and applied only for	25463
the purposes for which the aid and contributions are made and	25464
according to their terms and conditions, all within the purposes	25465
of this chapter;	25466

(K) Make and enter into all contracts, commitments, and	25467
agreements, and execute all instruments, necessary or incidental	25468
to the performance of its duties and the execution of its rights	25469
and powers under this chapter;	25470

(L) Do anything necessary or appropriate to carry out the	25471
purposes of and exercise the powers granted in this chapter;	25472

(M) Contract with any governmental agency or nonprofit	25473
corporation to provide or cause to be provided services, including	25474
general building services, in, to, or for an Ohio arts facility or	25475
any Ohio sports facility, or with an arts organization for the	25476
management of an Ohio arts facility, or with a governmental agency	25477
or nonprofit corporation for the management of an Ohio sports	25478
facility, all in furtherance of the state function, and make	25479
contracts pursuant to divisions (A) and (B) of section 3383.07 of	25480
the Revised Code, except that nothing in this chapter limits the	25481
exercise of the care, custody, control, and management of those	25482
state historical facilities specified in section 149.30 of the	25483
Revised Code.	25484

Sec. 3383.07.  (A) The department of administrative services	25485
shall provide for the construction of an arts project in	25486
conformity with Chapter 153. of the Revised Code, except as	25487
follows:	25488

(1) For an arts project that has an estimated construction	25489
cost, excluding the cost of acquisition, of twenty-five million	25490
dollars or more, and that is financed by the Ohio building	25491
authority, construction services may be provided by the authority	25492
if the authority determines it should provide those services.	25493

(2) For an arts project other than a state historical	25494
facility, construction services may be provided on behalf of the	25495
state by the Ohio arts and sports facilities commission, or by a	25496
governmental agency or an arts organization that occupies, will	25497
occupy, or is responsible for the Ohio arts facility, as	25498
determined by the department of administrative services	25499
commission. Construction services to be provided by a	25500
governmental agency or an arts organization shall be specified in	25501
an agreement between the commission and the governmental agency or	25502
arts organization. The agreement, or any actions taken under it,	25503
are not subject to Chapter 123. or 153. of the Revised Code,	25504
except for sections 123.151 and 153.011 of the Revised Code, and	25505
shall be subject to Chapter 4115. of the Revised Code.	25506

(3) For an arts project that is a state historical facility,	25507
construction services may be provided by the Ohio arts and sports	25508
facilities commission or by an arts organization that occupies,	25509
will occupy, or is responsible for the facility, as determined by	25510
the commission. The construction services to be provided by the	25511
arts organization shall be specified in an agreement between the	25512
commission and the arts organization, and the. That agreement,	25513
and any actions taken under it, are not subject to Chapter 123.,	25514
153., or 4115. of the Revised Code.	25515

(B) For an Ohio sports facility that is financed in part by	25516
the Ohio building authority, construction services shall be	25517
provided on behalf of the state by or at the direction of the	25518
governmental agency or nonprofit corporation that will own or be	25519
responsible for the management of the facility, all as determined	25520
by the Ohio arts and sports facilities commission. Any	25521
construction services to be provided by a governmental agency or	25522
nonprofit corporation shall be specified in an agreement between	25523
the commission and the governmental agency or nonprofit	25524
corporation, and the. That agreement, and any actions taken under	25525
it, are not subject to Chapter 123. or 153. of the Revised Code,	25526
except for sections 123.151 and 153.011 of the Revised Code, and	25527
shall be subject to Chapter 4115. of the Revised Code.	25528

(C) General building services for an Ohio arts facility	25529
shall be provided by the department of administrative services in	25530
conformity with Chapter 123. of the Revised Code, except that the	25531
Ohio building authority may elect to provide such services for	25532
Ohio arts facilities it financed and such services may be provided	25533
by the Ohio arts and sports facilities commission or by an arts	25534
organization that occupies, will occupy, or is responsible for the	25535
facility, as determined by the commission, except that the Ohio	25536
building authority may elect to provide those services for Ohio	25537
arts facilities financed with proceeds of state bonds issued by	25538
the authority. The costs of management and general building	25539
services shall be paid by the arts organization that occupies,	25540
will occupy, or is responsible for the facility as provided in an	25541
agreement between the commission and the arts organization, except	25542
that the state may pay for general building services for	25543
state-owned arts facilities constructed on state-owned land.	25544
General	25545

General building services for an Ohio sports facility shall	25546
be provided by or at the direction of the governmental agency or	25547
nonprofit corporation that will be responsible for the management	25548
of the facility, all as determined by the commission. Any general	25549
building services to be provided by a governmental agency or	25550
nonprofit corporation for an Ohio sports facility shall be	25551
specified in an agreement between the commission and the	25552
governmental agency or nonprofit corporation, and that. That	25553
agreement, and any actions taken under it, are not subject to	25554
Chapter 123. or 153. of the Revised Code, except for sections	25555
123.151 and 153.011 of the Revised Code, and shall be subject to	25556
Chapter 4115. of the Revised Code.	25557

(D) This division does not apply to a state historical	25558
facility. No state funds, including any state bond proceeds,	25559
shall be spent on the construction of any arts project under this	25560
chapter unless, with respect to the arts project and to the Ohio	25561
arts facility related to the project, all of the following apply:	25562

(1) The Ohio arts and sports facilities commission has	25563
determined that there is a need for the arts project and the Ohio	25564
arts facility related to the project in the region of the state	25565
forin which the Ohio arts facility is located or for which the	25566
facility is proposed to be located;.	25567

(2) The commission has determined that, as an indication of	25568
substantial regional support for the arts project, the arts	25569
organization has made provision satisfactory to the commission, in	25570
its sole discretion, for local contributions amounting to not less	25571
than fifty per cent of the total state funding for the arts	25572
project;.	25573

(3) The general assembly has specifically authorized the	25574
spending of money on, or made an appropriation for, the	25575
construction of the arts project, or for rental payments relating	25576
to the financing of the construction of the arts project.	25577
Authorization to spend money, or an appropriation, for planning	25578
the arts project does not constitute authorization to spend money	25579
on, or an appropriation for, construction of the arts project.	25580

(E) No state funds, including any state bond proceeds, shall	25581
be spent on the construction of any state historical facility	25582
under this chapter unless the general assembly has specifically	25583
authorized the spending of money on, or made an appropriation for,	25584
the construction of the arts project related to the facility, or	25585
for rental payments relating to the financing of the construction	25586
of the arts project. Authorization to spend money, or an	25587
appropriation, for planning the arts project does not constitute	25588
authorization to spend money on, or an appropriation for, the	25589
construction of the arts project.	25590

(F) State funds shall not be used to pay or reimburse more	25591
than fifteen per cent of the initial estimated construction cost	25592
of an Ohio sports facility, excluding any site acquisition cost,	25593
and no state funds, including any state bond proceeds, shall be	25594
spent on any Ohio sports facility under this chapter unless, with	25595
respect to that facility, all of the following apply:	25596

(1) The Ohio arts and sports facilities commission has	25597
determined that there is a need for the facility in the region of	25598
the state for which the facility is proposed to provide the	25599
function of an Ohio sports facility as provided for in this	25600
chapter.	25601

(2) As an indication of substantial local support for the	25602
facility, the commission has received a financial and development	25603
plan satisfactory to it, and provision has been made, by agreement	25604
or otherwise, satisfactory to the commission, for a contribution	25605
amounting to not less than eighty-five per cent of the total	25606
estimated construction cost of the facility, excluding any site	25607
acquisition cost, from sources other than the state.	25608

(3) The general assembly has specifically authorized the	25609
spending of money on, or made an appropriation for, the	25610
construction of the facility, or for rental payments relating to	25611
state financing of all or a portion of the costs of constructing	25612
the facility. Authorization to spend money, or an appropriation,	25613
for planning or determining the feasibility of or need for the	25614
facility does not constitute authorization to spend money on, or	25615
an appropriation for, costs of constructing the facility.	25616

(4) If state bond proceeds are being used for the Ohio	25617
sports facility, the state or a governmental agency owns or has	25618
sufficient property interests in the facility or in the site of	25619
the facility or in the portion or portions of the facility	25620
financed from proceeds of state bonds, which may include, but is	25621
not limited to, the right to use or to require the use of the	25622
facility for the presentation of sport and athletic events to the	25623
public at the facility, extending for a period of not less than	25624
the greater of the useful life of the portion of the facility	25625
financed from proceeds of those bonds as determined using the	25626
guidelines for maximum maturities as provided under divisions (B),	25627
(C), and (D) of section 133.20 of the Revised Code, or the period	25628
of time remaining to the date of payment or provision for payment	25629
of outstanding state bonds allocable to costs of the facility, all	25630
as determined by the director of budget and management and	25631
certified by the director to the Ohio arts and sports facilities	25632
commission and to the Ohio building authority.	25633

Sec. 3383.09. (A) There is hereby created in the state	25634
treasury the arts facilities building fund, which shall consist of	25635
proceeds of obligations authorized to pay costs of arts facilities	25636
projects for which appropriations are made by the general	25637
assembly. All investment earnings of the fund shall be credited to	25638
the fund.	25639

(B) There is hereby created in the state treasury the	25640
sports facilities building fund, which shall consist of proceeds	25641
of obligations authorized to pay costs of sports facilities	25642
projects for which appropriations are made by the general	25643
assembly. All investment earnings of the fund shall be credited to	25644
the fund.	25645

(C) The director of budget and management may transfer, to	25646
the Ohio arts and sports facilities commission administration	25647
fund, investment earnings credited to the arts facilities building	25648
fund and the sports facilities building fund that exceed the	25649
amounts required to meet estimated federal arbitrage rebate	25650
requirements when requested of the director of budget and	25651
management by the chairperson or executive director of the	25652
commission.	25653

Sec. 3505.063.  (A) When the general assembly adopts a	25654
resolution proposing a constitutional amendment, it shallmay, by	25655
resolution, designate a group of members who voted in support of	25656
the resolution to prepare arguments for the proposed amendment,	25657
and a group of members who voted in opposition to the resolution	25658
to prepare arguments against the proposed amendment. If no	25659
members voted in opposition to the resolution, or if the general	25660
assembly chooses not to designate a group of members to prepare	25661
arguments for the proposed amendment or chooses not to designate a	25662
group of members to prepare arguments against the proposed	25663
amendment, the Ohio ballot board may prepare the relevant	25664
arguments against the proposed amendment or designate a group of	25665
persons to prepare suchthe relevant arguments. All arguments	25666
shall be filed with the secretary of state no later than	25667
seventy-five days before the date of the election. No argument	25668
shall exceed three hundred words.	25669

(B) The secretary of state shall disseminate information,	25670
which may include part or all of the official explanation and	25671
arguments concerning proposed amendments, by means of direct mail	25672
or other written publication, broadcast, or such other means, or	25673
combination of means, as the Ohio ballot board may direct, in	25674
order to inform the voters as fully as possible concerning	25675
proposed amendments.	25676

Sec. 3701.04.  (A) The director of health shall:

25677

(1) Require such reports and make such inspections and	25678
investigations as the director considers necessary;	25679

(2) Provide such methods of administration, appoint such	25680
personnel, make such reports, and take such other action as may be	25681
necessary to comply with the requirements of the federal act and	25682
the regulations thereunder;	25683

(3) Procure by contract the temporary or intermittent	25684
services of experts or consultants or organizations thereof when	25685
such services are to be performed on a part-time or	25686
fee-for-service basis and do not involve the performance of	25687
administrative duties;	25688

(4) Enter into agreements for the utilization of the	25689
facilities and services of other departments, agencies, and	25690
institutions, public or private;	25691

(5) Accept onOn behalf of the state, solicit, accept, hold,	25692
administer, and deposit in the state treasury to the credit of the	25693
general operations fund created in section 3701.83 of the Revised	25694
Code, any grant, gift, devise, bequest, or contribution made to	25695
assist in meeting the cost of carrying out the director's	25696
responsibilities and expend the grant, gift, device, bequest, or	25697
contribution for suchthe purpose for which made. Fees collected	25698
by the director in connection with meetings and conferences shall	25699
also be credited to the fund and expended for the purposes for	25700
which paid.	25701

(6) Make an annual report to the governor on activities and	25702
expenditures, including recommendations for such additional	25703
legislation as the director considers appropriate to furnish	25704
adequate hospital, clinic, and similar facilities to the people of	25705
this state.	25706

(B) The director of health may enter into agreements to sell	25707
services offered by the department to other departments, agencies,	25708
and institutions of the state. Fees collected by the director for	25709
the sale of services under this division shall be deposited into	25710
the state treasury to the credit of the general operations fund	25711
created in section 3701.83 of the Revised Code.	25712

Sec. 3701.142.  (A) The director of health shall appoint the	25713
chief and the administrative assistant of the office of women's	25714
health initiatives. The director may appoint, to the extent of	25715
available funds, persons to other positions determined by himthe	25716
director to be relevant and necessary.	25717

(B) The chief shall have all of the following	25718
qualifications, plus any additional qualifications the director	25719
considers appropriate:	25720

(1) The equivalent of a masters or higher degree in public	25721
health, medicine, health sciences, environmental science, law,	25722
public administration, or a related field;	25723

(2) Familiarity with national maternal and child health	25724
objectives of the department;	25725

(3) Knowledge of or experience in women's and infants'	25726
preventive health care;	25727

(4) Understanding of health care delivery systems;

25728

(5) A global public health perspective.

25729

(C)(1) The majority of the chief's time shall be spent in	25730
the performance of the following responsibilities:	25731

(a) Identifying issues that affect women's health;

25732

(b) Advocating for women's health concerns within the	25733
department, state government, and the community;	25734

(c) Serving as a liaison for the public, interest groups,	25735
the department, and other state agencies on issues that affect	25736
women's health;	25737

(d) Developing recommendations to the director regarding	25738
programs addressing women's health issues for inclusion in the	25739
biennial budget and departmental strategic planning;	25740

(e) Preparing materials for publication.

25741

(2) In addition, the chief shall do the following:

25742

(a) Develop and recommend research, funding, and program	25743
activities for the intervention, treatment, and education of the	25744
public on women's health initiatives including health needs	25745
throughout the life cycle, reproductive health, gender bias in	25746
research, chemical dependence, access to health care, health and	25747
safety in the workplace, poverty and women's health, causes of	25748
death in women, violence and women's health, and any other women's	25749
health issue the chief considers appropriate;	25750

(b) Supervise the administrative assistant and any other	25751
employees assigned to the office of women's health initiatives;	25752

(c) Oversee the administrative operations of the office of	25753
women's health initiatives;	25754

(d) Research, advise, and assist the director concerning	25755
governor's office correspondence referrals, legislative	25756
initiatives, rules, and similar executive decisions relating to	25757
the health of women;	25758

(e) Represent the director, as requested, before the general	25759
assembly and the women's policy and research commission.	25760

(D) The administrative assistant shall provide clerical and	25761
administrative support as needed to the chief.	25762

(E) To promote coordination of programs and of offices'	25763
initiatives, the director, assistant director, deputy directors,	25764
and chiefs selected by the director in the department shall attend	25765
quarterly meetings regarding the activities of the office of	25766
women's health initiatives.	25767

(F) After considering the report submitted pursuant to	25768
division (C) of section 3701.141 of the Revised Code, the director	25769
of health shall develop and implement biennial initiatives on	25770
women's health needs.	25771

Sec. 3701.61. (A) The department of health shall establish	25772
the help me grow program for the purpose of encouraging early	25773
prenatal and well-baby care. The program shall include	25774
distributing subsidies to counties to provide the following	25775
services:	25776

(1) Home-visiting services to newborn infants and their	25777
families;	25778

(2) Services to infants and toddlers under three years of	25779
age who are at risk for, or who have, a developmental delay or	25780
disability and their families.	25781

(B) The department shall not provide home-visiting services	25782
under the help me grow program unless requested in writing by a	25783
parent of the infant or toddler.	25784

(C) Pursuant to Chapter 119. of the Revised Code, the	25785
department shall adopt rules that are necessary and proper to	25786
implement this section.	25787

Sec. 3701.77.  There is hereby createdprovided in the	25788
department of health the governor's advisory council on physical	25789
fitness, wellness, and sports advisory board, which shall consist	25790
of elevenfifteen members, seven of whom shall be appointed by the	25791
governor and shall be representative of physicians, pediatricians,	25792
coaches, athletic trainers, athletes, educators, and such other	25793
persons or professions interested in the physical fitness of the	25794
citizens of the state as the governor considers appropriate	25795
physical therapists, dentists, nutritionists, exercise	25796
physiologists, and one worksite wellness person. Four board	25797
council members shall be members of the general assembly, of whom	25798
one shall be appointed by the president of the senate, one by the	25799
minority leader of the senate, one by the speaker of the house of	25800
representatives, and one by the minority leader of the house of	25801
representatives. Four council members shall be appointed by the	25802
director of health. All members of the boardcouncil shall serve	25803
two-year terms, commencing on the first day of January of each	25804
odd-numbered year and ending on the thirty-first day of December	25805
of the following year, except that each member shall continue in	25806
office subsequent to the expiration date of histhe member's term	25807
until histhe member's successor is appointed, or until a period	25808
of sixty days has elapsed, whichever occurs first. Members may be	25809
reappointed to additional terms. Vacancies shall be filled in the	25810
manner provided for original appointments, and a vacancy shall be	25811
considered to occur whenever a member of the general assembly	25812
ceases to be a member of the house from which hethe member was	25813
appointed. The director of health annually shall select from the	25814
membership of the boardcouncil a chairmanchairperson, and the	25815
boardcouncil shall select from its membership a vice-chairman	25816
vice-chairperson and secretary. Members of the boardcouncil	25817
shall serve without compensation, but shall be reimbursed for	25818
actual and necessary expenses incurred in the performance of their	25819
duties. The director, upon the board'scouncil's request, may	25820
provide an officer or employee of the department to act as an	25821
administrator of the boardcouncil, and may provide other	25822
employees as required by the boardcouncil. The boardcouncil	25823
shall meet in Columbus at least once each calendar quarter and at	25824
such other times and places as the director or the boardcouncil	25825
considers necessary. Seven membersA simple majority of the board	25826
current appointed members of the council constitute a quorum, and	25827
a majority vote of those in attendance is necessary to take any	25828
action.	25829

A member of the advisory council that is a member of the	25830
general assembly may designate a substitute to serve on the	25831
council in that member's absence. The substitute is entitled to	25832
perform the duties of a member of the council. A member of the	25833
general assembly shall inform the chairperson of the council of	25834
the substitution prior to the substitute assuming duties of that	25835
member. Whenever the member of the general assembly ceases to be	25836
a member of the house from which the member was appointed, the	25837
substitute may no longer serve on the council.	25838

Sec. 3701.771.  (A) The governor's advisory council on	25839
physical fitness, wellness, and sports advisory board shall	25840
prepare and recommend to the director of health guidelines,	25841
programs, and activities related to health and physical fitness.	25842
The boardcouncil shall recommend information and educational	25843
materials to be prepared and distributed to the public that	25844
encourage wide participation in the recommended programs and	25845
activities.	25846

(B) The boardcouncil may, on behalf of the state, solicit,	25847
accept, hold, and administer any grants, devises, or bequests of	25848
moneys, securities, or property for the purposes of sections	25849
3701.85 3701.77 to 3701.861 3701.772 of the Revised Code and shall	25850
deposit any moneys resulting from those grants, devises, or	25851
bequests in the physical fitness, wellness, and sports fund,	25852
which is hereby created in the state treasury for use solely by	25853
the boardcouncil in administering those sections. The board	25854
council shall administer the fund.	25855

(C) The boardcouncil shall assist the director of health in	25856
promoting and sponsoring public sporting, wellness, and physical	25857
fitness events, and members shall lend their names and presence	25858
to these events to encourage greater public participation.	25859

(D) The boardcouncil may develop a program of statewide	25860
amateur athletic competition to be known as the "buckeye state	25861
games," which shall be patterned after the Olympic games to the	25862
extent possible considering the availability of facilities,	25863
equipment, and expertise. The buckeye state games shall be	25864
designed to encourage the participation of athletes representing a	25865
broad range of age groups, skill levels, and communities.	25866
Participants shall be residents of the state. Regional	25867
competition may be held throughout the state, and the top	25868
qualifiers in each sport shall proceed to the final competition to	25869
be held at a centrally located site in the state that has the	25870
necessary facilities and equipment for conducting the competition.	25871
The frequency of the games shall be determined by the board	25872
council.	25873

Sec. 3701.772.  The director of health shall cause to be	25874
prepared certificates and awards bearing the printed facsimile	25875
signature of the governor, to be awarded to persons who	25876
participate in physical fitness, wellness, and sports programs	25877
recommended by the governor's advisory council on physical	25878
fitness, wellness, and sports advisory board and adopted by the	25879
director. The director shall provide for the distribution of the	25880
certificates and awards to qualifying persons through agreements	25881
with civic groups, professional associations, running clubs,	25882
amateur and professional sports groups, individual citizens,	25883
voluntary organizations, political subdivisions, school districts,	25884
and others interested in promoting and improving the health and	25885
physical fitness of the citizens of the state.	25886

The director may adopt such rules as necessary to carry out	25887
the purposes of sections 3701.85 3701.77 to 3701.861 3701.772 of	25888
the Revised Code.	25889

Sec. 3701.92. (A) There is hereby created in the department	25890
of health the Ohio hepatitis C advisory commission.	25891

(B) The commission shall consist of the following members:

25892

(1) Eleven members appointed by the director of health;

25893

(2) Two members of the house of representatives, one from	25894
each political party, appointed by the speaker of the house of	25895
representatives;	25896

(3) Two members of the senate, one from each political	25897
party, appointed by the president of the senate.	25898

Each member shall serve without compensation for a term of	25899
one year.	25900

Sec. 3702.68.  (A) Notwithstanding sections 3702.51 to	25901
3702.62 of the Revised Code, this section applies to the review of	25902
certificate of need applications during the period beginning July	25903
1, 1993, and ending June 30, 20012003.	25904

(B)(1) Except as provided in division (B)(2) of this	25905
section, the director of health shall neither grant nor deny any	25906
application for a certificate of need submitted prior to July 1,	25907
1993, if the application was for any of the following and the	25908
director had not issued a written decision concerning the	25909
application prior to that date:	25910

(a) Approval of beds in a new health care facility or an	25911
increase of beds in an existing health care facility, if the beds	25912
are proposed to be licensed as nursing home beds under Chapter	25913
3721. of the Revised Code;	25914

(b) Approval of beds in a new county home or new county	25915
nursing home as defined in section 5155.31 of the Revised Code, or	25916
an increase of beds in an existing county home or existing county	25917
nursing home, if the beds are proposed to be certified as skilled	25918
nursing facility beds under Title XVIII or nursing facility beds	25919
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	25920
42 U.S.C.A. 301, as amended;	25921

(c) Recategorization of hospital beds as described in	25922
section 3702.522 of the Revised Code, an increase of hospital beds	25923
registered pursuant to section 3701.07 of the Revised Code as	25924
long-term care beds or skilled nursing facility beds, or a	25925
recategorization of hospital beds that would result in an increase	25926
of beds registered pursuant to that section as long-term care beds	25927
or skilled nursing facility beds.	25928

On July 1, 1993, the director shall return each such	25929
application to the applicant and, notwithstanding section 3702.52	25930
of the Revised Code regarding the uses of the certificate of need	25931
fund, shall refund to the applicant the application fee paid under	25932
that section. Applications returned under division (B)(1) of this	25933
section may be resubmitted in accordance with section 3702.52 of	25934
the Revised Code no sooner than July 1, 20012003.	25935

(2) The director shall continue to review and shall issue a	25936
decision regarding any application submitted prior to July 1,	25937
1993, to increase beds for either of the purposes described in	25938
division (B)(1)(a) or (b) of this section if the proposed increase	25939
in beds is attributable solely to a replacement or relocation of	25940
existing beds within the same county. The director shall	25941
authorize under such an application no additional beds beyond	25942
those being replaced or relocated.	25943

(C)(1) Except as provided in division (C)(2) of this	25944
section, the director, during the period beginning July 1, 1993,	25945
and ending June 30, 20012003, shall not accept for review under	25946
section 3702.52 of the Revised Code any application for a	25947
certificate of need for any of the purposes described in divisions	25948
(B)(1)(a) to (c) of this section.	25949

(2) The director shall accept for review any application for	25950
either of the purposes described in division (B)(1)(a) or (b) of	25951
this section if the proposed increase in beds is attributable	25952
solely to a replacement or relocation of existing beds within the	25953
same county. The director shall authorize under such an	25954
application no additional beds beyond those being replaced or	25955
relocated. The director also shall accept for review any	25956
application that seeks certificate of need approval for existing	25957
beds located in an infirmary that is operated exclusively by a	25958
religious order, provides care exclusively to members of religious	25959
orders who take vows of celibacy and live by virtue of their vows	25960
within the orders as if related, and was providing care	25961
exclusively to members of such a religious order on January 1,	25962
1994.	25963

(D) The director shall issue a decision regarding any case	25964
remanded by a court as the result of a decision issued by the	25965
director prior to July 1, 1993, to grant, deny, or withdraw a	25966
certificate of need for any of the purposes described in divisions	25967
(B)(1)(a) to (c) of this section.	25968

(E) The director shall not project the need for beds listed	25969
in division (B)(1) of this section for the period beginning July	25970
1, 1993, and ending June 30, 20012003.	25971

This section is an interim section effective until July 1,	25972
20012003.	25973

Sec. 3704.034.  (A) Within sixty days after the director of	25974
environmental protection or histhe director's agent or authorized	25975
representative receives an application for the issuance of a	25976
permit to install pursuant to rules adopted under division (F) of	25977
section 3704.03 of the Revised Code, an application to modify such	25978
a permit, or an application for the issuance of an initial permit	25979
to operate, or for the modification or renewal of such a permit,	25980
pursuant to rules adopted under division (G) of section 3704.03 of	25981
the Revised Code, the director shall determine whether the	25982
application is substantially complete or materially deficient and,	25983
in writing, shall notify the applicant of histhe director's	25984
determination. If the director fails to make such a completeness	25985
determination and provide written notice of histhe determination	25986
to the applicant within sixty days after the application was	25987
submitted, the applicant may submit a written request to the	25988
director for the making of such a completeness determination.	25989

(B) Within thirty days after receiving a written request for	25990
the making of a completeness determination on an application under	25991
division (A) of this section, the director shall determine whether	25992
the application is substantially complete or materially deficient	25993
and, in writing, notify the applicant of histhe determination. If	25994
the director fails to make a completeness determination and	25995
provide written notice of histhe director's determination to the	25996
applicant within thirty days after receiving the applicant's	25997
written request for the making of the determination, the	25998
application shall be deemed to have been complete in all material	25999
respects at the time that it was submitted to the director or his	26000
the director's agent or authorized representative.	26001

(C) If, within the time prescribed in division (A) and, if	26002
applicable, division (B) of this section, the director determines	26003
that an application is materially deficient, the director shall	26004
return the application to the applicant together with the written	26005
notice of material deficiency. The running of the time prescribed	26006
under division (A) and, if applicable, division (B) of this	26007
section ceases at the time that the determination is made. If the	26008
applicant subsequently resubmits the application to the director,	26009
the time prescribed in division (A) of this section and, if	26010
applicable, division (B) of this section shall resume running at	26011
the time that the application is resubmitted. The resubmission of	26012
the application constitutes a request for the making of a	26013
completeness determination on the application. The director shall	26014
do one of the following within the time remaining pursuant to	26015
division (A) and, if applicable, division (B) of this section at	26016
the time that the application is resubmitted:	26017

(1) Make a completeness determination on the application	26018
and, in writing, notify the applicant of histhe determination;	26019

(2) Issue or deny or propose to issue or deny the permit or,	26020
modification, or renewal.	26021

(D) The director shall include in each written notice of the	26022
completeness of an application provided under division (A), (B),	26023
or (C)(1) of this section the date on which the application was	26024
determined to be complete.	26025

(E) The director shall issue or deny or propose to issue or	26026
deny a permit to install pursuant to rules adopted under division	26027
(F) of section 3704.03 of the Revised Code, modification of such a	26028
permit, or an initial permit to operate, or a modification or	26029
renewal of such a permit, pursuant to rules adopted under division	26030
(G) of section 3704.03 of the Revised Code within one hundred	26031
eighty days after the date that the application for the permit or,	26032
modification, or renewal was determined to be complete as that	26033
date is set forth in the written notice of the determination of	26034
the completeness of the application provided under division (A),	26035
(B), or (C)(1) of this section or within one hundred eighty days	26036
after the application is deemed to be complete under division (B)	26037
of this section, as appropriate. If the director fails to issue	26038
or deny or propose to issue or deny the permit or, modification,	26039
or renewal within the appropriate one-hundred-eighty-day period,	26040
the applicant may bring a mandamus action to obtain a judgment	26041
that orders the director to take a final action on the	26042
application.	26043

(F) The director, upon histhe director's own motion or upon	26044
the written request of the applicant and in writing, may extend	26045
the time provided under division (E) of this section for issuing	26046
or denying or proposing to issue or deny the permit or,	26047
modification, or renewal for an additional sixty days if a public	26048
informational meeting or public hearing was held on the	26049
application for the permit or, modification, or renewal.	26050

(G) Upon the written request of the applicant, the director,	26051
in writing, may extend the time provided under division (E) of	26052
this section for issuing or denying or proposing to issue or deny	26053
the permit or, modification, or renewal for the additional time	26054
specified in the applicant's request for the extension.	26055

(H) Upon the written request of the person responsible for a	26056
facility, the director may consolidate or group applications for	26057
the issuance of permits pursuant to rules adopted under	26058
divisions(F) ordivision(G) of section 3704.03 of the Revised	26059
Code, or modifications or renewals of those permits, for	26060
individual air contaminant sources located at the facility in	26061
order to reduce the unnecessary paperwork and administrative	26062
burden to the applicant and the director in connection with the	26063
issuance of those permits, modifications, and renewals. Fees	26064
payable to the director under section 3745.11 of the Revised Code	26065
shall not be reduced by reason of any such consolidation or	26066
grouping of applications for permits, modifications, or renewals.	26067

Sec. 3704.143. (A) As used in this section, "contract" means	26068
a contract entered into by the state under section 3704.14 of the	26069
Revised Code with a private contractor for the purpose of	26070
conducting emissions inspections under a motor vehicle inspection	26071
and maintenance program.	26072

(B) Notwithstanding division (D)(5) of section 3704.14 of	26073
the Revised Code, the director of administrative services or the	26074
director of environmental protection, as applicable, shall not	26075
renew any contract that is in existence on the effective date of	26076
this section. Further, the director of administrative services or	26077
the director of environmental protection, as applicable, shall not	26078
enter into a new contract upon the expiration or termination of	26079
any contract that is in existence on the effective date of this	26080
section.	26081

(C) Notwithstanding section 3704.14 of the Revised Code or	26082
any other section of the Revised Code that requires emissions	26083
inspections to be conducted or proof of such inspections to be	26084
provided, upon the expiration or termination of all contracts that	26085
are in existence on the effective date of this section, the	26086
director of environmental protection shall terminate all motor	26087
vehicle inspection and maintenance programs in this state and	26088
shall not implement a new motor vehicle inspection and maintenance	26089
program unless this section is repealed and such a program is	26090
authorized by the general assembly.	26091

Sec. 3721.10.  As used in sections 3721.10 to 3721.18 of the	26092
Revised Code:	26093

(A) "Home" means all of the following:

26094

(1) A home as defined in section 3721.01 of the Revised	26095
Code;	26096

(2) Any facility or part of a facility not defined as a home	26097
under section 3721.01 of the Revised Code that is certified as a	26098
skilled nursing facility under Title XVIII of the "Social Security	26099
Act," 4979 Stat. 620286 (19351965), 42 U.S.C.A. 3011395 and	26100
1396, as amended, or as a nursing facility as defined in section	26101
5111.20 of the Revised Code;	26102

(3) A county home or district home operated pursuant to	26103
Chapter 5155. of the Revised Code.	26104

(B) "Resident" means a resident or a patient of a home.

26105

(C) "Administrator" means all of the following:

26106

(1) With respect to a home as defined in section 3721.01 of	26107
the Revised Code, a nursing home administrator as defined in	26108
section 4751.01 of the Revised Code;	26109

(2) With respect to a facility or part of a facility not	26110
defined as a home in section 3721.01 of the Revised Code that is	26111
authorized to provide skilled nursing facility or nursing facility	26112
services, the administrator of the facility or part of a facility;	26113

(3) With respect to a county home or district home, the	26114
superintendent appointed under Chapter 5155. of the Revised Code.	26115

(D) "Sponsor" means an adult relative, friend, or guardian	26116
of a resident who has an interest or responsibility in the	26117
resident's welfare.	26118

(E) "Residents' rights advocate" means:

26119

(1) An employee or representative of any state or local	26120
government entity that has a responsibility regarding residents	26121
and that has registered with the department of health under	26122
division (B) of section 3701.07 of the Revised Code;	26123

(2) An employee or representative of any private nonprofit	26124
corporation or association that qualifies for tax-exempt status	26125
under section 501(a) of the "Internal Revenue Code of 1986," 100	26126
Stat. 2085, 26 U.S.C.A. 1, as amended, and that has registered	26127
with the department of health under division (B) of section	26128
3701.07 of the Revised Code and whose purposes include educating	26129
and counseling residents, assisting residents in resolving	26130
problems and complaints concerning their care and treatment, and	26131
assisting them in securing adequate services to meet their needs;	26132

(3) A member of the general assembly.

26133

(F) "Physical restraint" means, but is not limited to, any	26134
article, device, or garment that interferes with the free movement	26135
of the resident and that hethe resident is unable to remove	26136
easily, a geriatric chair, or a locked room door.	26137

(G) "Chemical restraint" means any medication bearing the	26138
American hospital formulary service therapeutic class 4.00,	26139
28:16:08, 28:24:08, or 28:24:92 that alters the functioning of the	26140
central nervous system in a manner that limits physical and	26141
cognitive functioning to the degree that the resident cannot	26142
attain histhe resident's highest practicable physical, mental,	26143
and psychosocial well-being.	26144

(H) "Ancillary service" means, but is not limited to,	26145
podiatry, dental, hearing, vision, physical therapy, occupational	26146
therapy, speech therapy, and psychological and social services.	26147

(I) "Facility" means a facility, or part of a facility,	26148
certified as a nursing facility or skilled nursing facility under	26149
Title XVIII or Title XIX of the "Social Security Act." "Facility"	26150
does not include an intermediate care facility for the mentally	26151
retarded, as defined in section 5111.20 of the Revised Code.	26152

(J) "Medicare" means the program established by Title XVIII	26153
of the "Social Security Act."	26154

(K) "Medicaid" means the program established by Title XIX of	26155
the "Social Security Act" and Chapter 5111. of the Revised Code.	26156

Sec. 3721.12.  (A) The administrator of a home shall:

26157

(1) With the advice of residents, their sponsors, or both,	26158
establish and review at least annually, written policies regarding	26159
the applicability and implementation of residents' rights under	26160
sections 3721.10 to 3721.17 of the Revised Code, the	26161
responsibilities of residents regarding the rights, and the home's	26162
grievance procedure established under division (A)(2) of this	26163
section. The administrator is responsible for the development of,	26164
and adherence to, procedures implementing the policies.	26165

(2) Establish a grievance committee for review of complaints	26166
by residents. The grievance committee shall be comprised of the	26167
home's staff and residents, sponsors, or outside representatives	26168
in a ratio of not more than one staff member to every two	26169
residents, sponsors, or outside representatives.	26170

(3) Furnish to each resident and sponsor prior to or at the	26171
time of admission, and to each member of the home's staff, at	26172
least one of each of the following:	26173

(a) A copy of the rights established under sections 3721.10	26174
to 3721.17 of the Revised Code;	26175

(b) A written explanation of the provisions of section	26176
sections 3721.16 to 3721.162 of the Revised Code;	26177

(c) A copy of the home's policies and procedures established	26178
under this section;	26179

(d) A copy of the home's rules;

26180

(e) A copy of the addresses and telephone numbers of the	26181
board of health of the health district of the county in which the	26182
home is located, the county department of job and family services	26183
of the county in which the home is located, the state departments	26184
of health and job and family services, the state and local offices	26185
of the department of aging, and any Ohio nursing home ombudsperson	26186
program.	26187

(B) Written acknowledgment of the receipt of copies of the	26188
materials listed in this section shall be made part of the	26189
resident's record and the staff member's personnel record.	26190

(C) The administrator shall post all of the following	26191
prominently within the home:	26192

(1) A copy of the rights of residents as listed in division	26193
(A) of section 3721.13 of the Revised Code;	26194

(2) A copy of the home's rules and its policies and	26195
procedures regarding the rights and responsibilities of residents;	26196

(3) A notice that a copy of this chapter, rules of the	26197
department of health applicable to the home, and federal	26198
regulations adopted under Titles XVIII and XIX of the "Social	26199
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended	26200
the medicare and medicaid programs, and the materials required to	26201
be available in the home under section 3721.021 of the Revised	26202
Code, are available for inspection in the home at reasonable	26203
hours;	26204

(4) A list of residents' rights advocates;

26205

(5) A notice that the following are available in a place	26206
readily accessible to residents:	26207

(a) If the home is licensed under section 3721.02 of the	26208
Revised Code, a copy of the most recent licensure inspection	26209
report prepared for the home under that section;	26210

(b) If the home is a nursing facility as defined in section	26211
5111.20 of the Revised Code, a copy of the most recent statement	26212
of deficiencies issued to the home under section 5111.42 of the	26213
Revised Code.	26214

(D) The administrator of a home may, with the advice of	26215
residents, their sponsors, or both, establish written policies	26216
regarding the applicability and administration of any additional	26217
residents' rights beyond those set forth in sections 3721.10 to	26218
3721.17 of the Revised Code, and the responsibilities of residents	26219
regarding the rights. Policies established under this division	26220
shall be reviewed, and procedures developed and adhered to as in	26221
division (A)(1) of this section.	26222

Sec. 3721.13.  (A) The rights of residents of a home shall	26223
include, but are not limited to, the following:	26224

(1) The right to a safe and clean living environment	26225
pursuant to Titles XVIII and XIX of the "Social Security Act," 49	26226
Stat. 620 (1935), 42 U.S.C.A. 301, as amended,the medicare and	26227
medicaid programs and applicable state laws and regulations	26228
prescribed by the public health council;	26229

(2) The right to be free from physical, verbal, mental, and	26230
emotional abuse and to be treated at all times with courtesy,	26231
respect, and full recognition of dignity and individuality;	26232

(3) Upon admission and thereafter, the right to adequate and	26233
appropriate medical treatment and nursing care and to other	26234
ancillary services that comprise necessary and appropriate care	26235
consistent with the program for which the resident contracted.	26236
This care shall be provided without regard to considerations such	26237
as race, color, religion, national origin, age, or source of	26238
payment for care.	26239

(4) The right to have all reasonable requests and inquiries	26240
responded to promptly;	26241

(5) The right to have clothes and bed sheets changed as the	26242
need arises, to ensure the resident's comfort or sanitation;	26243

(6) The right to obtain from the home, upon request, the	26244
name and any specialty of any physician or other person	26245
responsible for the resident's care or for the coordination of	26246
care;	26247

(7) The right, upon request, to be assigned, within the	26248
capacity of the home to make the assignment, to the staff	26249
physician of the resident's choice, and the right, in accordance	26250
with the rules and written policies and procedures of the home, to	26251
select as the attending physician a physician who is not on the	26252
staff of the home. If the cost of a physician's services is to be	26253
met under a federally supported program, the physician shall meet	26254
the federal laws and regulations governing such services.	26255

(8) The right to participate in decisions that affect the	26256
resident's life, including the right to communicate with the	26257
physician and employees of the home in planning the resident's	26258
treatment or care and to obtain from the attending physician	26259
complete and current information concerning medical condition,	26260
prognosis, and treatment plan, in terms the resident can	26261
reasonably be expected to understand; the right of access to all	26262
information in histhe resident's medical record; and the right to	26263
give or withhold informed consent for treatment after the	26264
consequences of that choice have been carefully explained. When	26265
the attending physician finds that it is not medically advisable	26266
to give the information to the resident, the information shall be	26267
made available to the resident's sponsor on the resident's behalf,	26268
if the sponsor has a legal interest or is authorized by the	26269
resident to receive the information. The home is not liable for a	26270
violation of this division if the violation is found to be the	26271
result of an act or omission on the part of a physician selected	26272
by the resident who is not otherwise affiliated with the home.	26273

(9) The right to withhold payment for physician visitation	26274
if the physician did not visit the resident;	26275

(10) The right to confidential treatment of personal and	26276
medical records, and the right to approve or refuse the release of	26277
these records to any individual outside the home, except in case	26278
of transfer to another home, hospital, or health care system, as	26279
required by law or rule, or as required by a third-party payment	26280
contract;	26281

(11) The right to privacy during medical examination or	26282
treatment and in the care of personal or bodily needs;	26283

(12) The right to refuse, without jeopardizing access to	26284
appropriate medical care, to serve as a medical research subject;	26285

(13) The right to be free from physical or chemical	26286
restraints or prolonged isolation except to the minimum extent	26287
necessary to protect the resident from injury to himselfself,	26288
others, or to property and except as authorized in writing by the	26289
attending physician for a specified and limited period of time and	26290
documented in the resident's medical record. Prior to authorizing	26291
the use of a physical or chemical restraint on any resident, the	26292
attending physician shall make a personal examination of the	26293
resident and an individualized determination of the need to use	26294
the restraint on that resident.	26295

Physical or chemical restraints or isolation may be used in	26296
an emergency situation without authorization of the attending	26297
physician only to protect the resident from injury to himselfself	26298
or others. Use of the physical or chemical restraints or	26299
isolation shall not be continued for more than twelve hours after	26300
the onset of the emergency without personal examination and	26301
authorization by the attending physician. The attending physician	26302
or a staff physician may authorize continued use of physical or	26303
chemical restraints for a period not to exceed thirty days, and at	26304
the end of this period and any subsequent period may extend the	26305
authorization for an additional period of not more than thirty	26306
days. The use of physical or chemical restraints shall not be	26307
continued without a personal examination of the resident and the	26308
written authorization of the attending physician stating the	26309
reasons for continuing the restraint.	26310

If physical or chemical restraints are used under this	26311
division, the home shall ensure that the restrained resident	26312
receives a proper diet. In no event shall physical or chemical	26313
restraints or isolation be used for punishment, incentive, or	26314
convenience.	26315

(14) The right to the pharmacist of the resident's choice	26316
and the right to receive pharmaceutical supplies and services at	26317
reasonable prices not exceeding applicable and normally accepted	26318
prices for comparably packaged pharmaceutical supplies and	26319
services within the community;	26320

(15) The right to exercise all civil rights, unless the	26321
resident has been adjudicated incompetent pursuant to Chapter	26322
2111. of the Revised Code and has not been restored to legal	26323
capacity, as well as the right to the cooperation of the home's	26324
administrator in making arrangements for the exercise of the right	26325
to vote;	26326

(16) The right of access to opportunities that enable the	26327
resident, at histhe resident's own expense or at the expense of a	26328
third-party payer, to achieve histhe resident's fullest	26329
potential, including educational, vocational, social,	26330
recreational, and habilitation programs;	26331

(17) The right to consume a reasonable amount of alcoholic	26332
beverages at histhe resident's own expense, unless not medically	26333
advisable as documented in histhe resident's medical record by	26334
the attending physician or unless contradictory to written	26335
admission policies;	26336

(18) The right to use tobacco at histhe resident's own	26337
expense under the home's safety rules and under applicable laws	26338
and rules of the state, unless not medically advisable as	26339
documented in histhe resident's medical record by the attending	26340
physician or unless contradictory to written admission policies;	26341

(19) The right to retire and rise in accordance with histhe	26342
resident's reasonable requests, if hethe resident does not	26343
disturb others or the posted meal schedules and upon the home's	26344
request remains in a supervised area, unless not medically	26345
advisable as documented by the attending physician;	26346

(20) The right to observe religious obligations and	26347
participate in religious activities; the right to maintain	26348
individual and cultural identity; and the right to meet with and	26349
participate in activities of social and community groups at the	26350
resident's or the group's initiative;	26351

(21) The right upon reasonable request to private and	26352
unrestricted communications with histhe resident's family, social	26353
worker, and any other person, unless not medically advisable as	26354
documented in histhe resident's medical record by the attending	26355
physician, except that communications with public officials or	26356
with histhe resident's attorney or physician shall not be	26357
restricted. Private and unrestricted communications shall	26358
include, but are not limited to, the right to:	26359

(a) Receive, send, and mail sealed, unopened correspondence;

26360

(b) Reasonable access to a telephone for private	26361
communications;	26362

(c) Private visits at any reasonable hour.

26363

(22) The right to assured privacy for visits by the spouse,	26364
or if both are residents of the same home, the right to share a	26365
room within the capacity of the home, unless not medically	26366
advisable as documented in histhe resident's medical record by	26367
the attending physician;	26368

(23) The right upon reasonable request to have room doors	26369
closed and to have them not opened without knocking, except in the	26370
case of an emergency or unless not medically advisable as	26371
documented in histhe resident's medical record by the attending	26372
physician;	26373

(24) The right to retain and use personal clothing and a	26374
reasonable amount of possessions, in a reasonably secure manner,	26375
unless to do so would infringe on the rights of other residents or	26376
would not be medically advisable as documented in histhe	26377
resident's medical record by the attending physician;	26378

(25) The right to be fully informed, prior to or at the time	26379
of admission and during histhe resident's stay, in writing, of	26380
the basic rate charged by the home, of services available in the	26381
home, and of any additional charges related to such services,	26382
including charges for services not covered under Titles XVIII and	26383
XIX of the "Social Security Actthe medicare or medicaid program."	26384
The basic rate shall not be changed unless thirty days notice is	26385
given to the resident or, if the resident is unable to understand	26386
this information, to histhe resident's sponsor.	26387

(26) The right of the resident and person paying for the	26388
care to examine and receive a bill at least monthly for the	26389
resident's care from the home that itemizes charges not included	26390
in the basic rates;	26391

(27)(a) The right to be free from financial exploitation;

26392

(b) The right to manage histhe resident's own personal	26393
financial affairs, or, if hethe resident has delegated this	26394
responsibility in writing to the home, to receive upon written	26395
request at least a quarterly accounting statement of financial	26396
transactions made on histhe resident's behalf. The statement	26397
shall include:	26398

(i) A complete record of all funds, personal property, or	26399
possessions of a resident from any source whatsoever, that have	26400
been deposited for safekeeping with the home for use by the	26401
resident or histhe resident's sponsor;	26402

(ii) A listing of all deposits and withdrawals transacted,	26403
which shall be substantiated by receipts which shall be available	26404
for inspection and copying by the resident or sponsor.	26405

(28) The right of the resident to be allowed unrestricted	26406
access to histhe resident's property on deposit at reasonable	26407
hours, unless requests for access to property on deposit are so	26408
persistent, continuous, and unreasonable that they constitute a	26409
nuisance;	26410

(29) The right to receive reasonable notice before histhe	26411
resident's room or roommate is changed, including an explanation	26412
of the reason for either change.	26413

(30) The right not to be transferred or discharged from the	26414
home except for medical reasons, for his welfare or another	26415
resident's, for nonpayment of charges due the home, if the home's	26416
license is revoked under this chapter, if the home is being closed	26417
pursuant to sections 5111.35 to 5111.62 or section 5155.31 of the	26418
Revised Code, if he is a recipient of medical assistance under	26419
section 5111.01 of the Revised Code in a home whose participation	26420
in the medical assistance program is terminated or denied, or if	26421
he is a beneficiary under Title XVIII of the "Social Security Act"	26422
in a home whose certification under Title XVIII is terminated or	26423
deniedunless the transfer is necessary because of one of the	26424
following:	26425

(a) The welfare and needs of the resident cannot be met in	26426
the home.	26427

(b) The resident's health has improved sufficiently so that	26428
the resident no longer needs the services provided by the home.	26429

(c) The safety of individuals in the home is endangered.

26430

(d) The health of individuals in the home would otherwise	26431
be endangered.	26432

(e) The resident has failed, after reasonable and	26433
appropriate notice, to pay or to have the medicare or medicaid	26434
program pay on the resident's behalf, for the care provided by the	26435
home. A resident shall not be considered to have failed to have	26436
the resident's care paid for if the resident has applied for	26437
medicaid, unless both of the following are the case:	26438

(i) The resident's application, or a substantially similar	26439
previous application, has been denied by the county department of	26440
job and family services.	26441

(ii) If the resident appealed the denial pursuant to	26442
division (C) of section 5101.35 of the Revised Code, the director	26443
of job and family services has upheld the denial.	26444

(f) The home's license has been revoked, the home is being	26445
closed pursuant to section 3721.08, sections 5111.35 to 5111.62,	26446
or section 5155.31 of the Revised Code, or the home otherwise	26447
ceases to operate.	26448

(g) The resident is a recipient of medicaid, and the home's	26449
participation in the medicaid program is involuntarily terminated	26450
or denied.	26451

(h) The resident is a beneficiary under the medicare	26452
program, and the home's participation in the medicare program is	26453
involuntarily terminated or denied.	26454

(31) The right to voice grievances and recommend changes in	26455
policies and services to the home's staff, to employees of the	26456
department of health, or to other persons not associated with the	26457
operation of the home, of the resident's choice, free from	26458
restraint, interference, coercion, discrimination, or reprisal.	26459
This right includes access to a residents' rights advocate, and	26460
the right to be a member of, to be active in, and to associate	26461
with persons who are active in organizations of relatives and	26462
friends of nursing home residents and other organizations engaged	26463
in assisting residents.	26464

(32) The right to have any significant change in histhe	26465
resident's health status reported to histhe resident's sponsor.	26466
As soon as such a change is known to the home's staff, the home	26467
shall make a reasonable effort to notify the sponsor within twelve	26468
hours.	26469

(B) A sponsor may act on a resident's behalf to assure that	26470
the home does not deny the residents' rights under sections	26471
3721.10 to 3721.17 of the Revised Code.	26472

(C) Any attempted waiver of the rights listed in division	26473
(A) of this section is void.	26474

Sec. 3721.15.  (A) Authorization from a resident or a	26475
sponsor with a power of attorney for a home to manage the	26476
resident's financial affairs shall be in writing and shall be	26477
attested to by a witness who is not connected in any manner	26478
whatsoever with the home or its administrator. The home shall	26479
maintain accounts pursuant to division (A)(27) of section 3721.13	26480
of the Revised Code. Upon the resident's transfer, discharge, or	26481
death, the account shall be closed and a final accounting made.	26482
All remaining funds shall be returned to the resident or	26483
resident's sponsor, except in the case of death, when all	26484
remaining funds shall be transferred or used in accordance with	26485
section 5111.112 of the Revised Code.	26486

(B) A home that manages a resident's financial affairs shall	26487
deposit the resident's funds in excess of one hundred dollars, and	26488
may deposit the resident's funds that are one hundred dollars or	26489
less, in an interest-bearing account separate from any of the	26490
home's operating accounts. Interest earned on the resident's	26491
funds shall be credited to the resident's account. A resident's	26492
funds that are one hundred dollars or less and have not been	26493
deposited in an interest-bearing account may be deposited in a	26494
noninterest-bearing account or petty cash fund.	26495

(C) Each resident whose financial affairs are managed by a	26496
home shall be promptly notified by the home when the total of the	26497
amount of funds in the resident's accounts and the petty cash fund	26498
plus other nonexempt resources reaches two hundred dollars less	26499
than the maximum amount permitted a recipient of medical	26500
assistance under Chapter 5111. of the Revised Codemedicaid. The	26501
notice shall include an explanation of the potential effect on the	26502
resident's eligibility for medical assistancemedicaid if the	26503
amount in the resident's accounts and the petty cash fund, plus	26504
the value of other nonexempt resources, exceeds the maximum assets	26505
a medicaid recipient of medical assistance may retain.	26506

(D) Each home that manages the financial affairs of	26507
residents shall purchase a surety bond or otherwise provide	26508
assurance satisfactory to the director of health, or, in the case	26509
of a home that participates in the medical assistancemedicaid	26510
program established under section 5111.01 of the Revised Code, to	26511
the director of job and family services, to assure the security of	26512
all residents' funds managed by the home.	26513

Sec. 3721.16. For each resident of a home, notice of a	26514
proposed transfer or discharge shall be in accordance with this	26515
section.	26516

(A)(1) Except in an emergency or unless authorized by statute	26517
or by rules of the director of health, theThe administrator of a	26518
home shall notify a resident in writing, and the resident's	26519
sponsor in writing by certified mail, return receipt requested, in	26520
advance of any proposed transfer or discharge from the home. The	26521
administrator shall send a copy of the notice to the state	26522
department of health. The notice shall be provided at least	26523
thirty days in advance of the proposed transfer or discharge,	26524
unless eitherany of the following applies:	26525

(a) The resident's health has improved sufficiently to allow	26526
a more immediate discharge or transfer to a less skilled level of	26527
care;	26528

(b) The resident has resided in the home less than thirty	26529
days;	26530

(c) An emergency arises in which the safety of individuals	26531
in the home is endangered;	26532

(d) An emergency arises in which the health of individuals	26533
in the home would otherwise be endangered;	26534

(e) An emergency arises in which the resident's urgent	26535
medical needs necessitate a more immediate transfer or discharge.	26536

In the caseany of a residentthe circumstances described in	26537
divisiondivisions (A)(1)(a) or (b)to (e) of this section, the	26538
notice shall be provided as many days in advance of the proposed	26539
transfer or discharge as is practicable.	26540

(2) The notice required under division (A)(1) of this	26541
section shall include all of the following:	26542

(a) The reasons for the proposed transfer or discharge;

26543

(b) The proposed date the resident is to be transferred or	26544
discharged;	26545

(c) The proposed location to which the resident is to be	26546
transferred or discharged;	26547

(d) Notice of the right of the resident and histhe	26548
resident's sponsor to an impartial hearing at the home on the	26549
proposed transfer or discharge, and of the manner in which and the	26550
time within which the resident or his sponsor may request a	26551
hearing under division (C) of thispursuant to section 3721.161 of	26552
the Revised Code;	26553

(e) A statement that the resident will not be transferred or	26554
discharged before the date specified in the notice unless the home	26555
and the resident or, if the resident is not competent to make a	26556
decision, the home and the resident's sponsor, agree to an earlier	26557
date;	26558

(c)(f) The address of the legal services office of the	26559
department of health;	26560

(d)(g) The name, address, and telephone number of a	26561
representative of the state long-term care ombudsmanombudsperson	26562
program and, if the resident or patient has a developmental	26563
disability or mental illness, the name, address, and telephone	26564
number of the Ohio legal rights service.	26565

(B) No home shall transfer or discharge a resident before the	26566
date specified in the notice required by division (A) of this	26567
section unless the home and the resident or, if the resident is	26568
not competent to make a decision, the home and the resident's	26569
sponsor, agree to an earlier date.	26570

(C) Transfer or discharge actions shall be documented in	26571
the resident's medical record by the home if there is a medical	26572
basis for the action.	26573

(C)(D) A resident or hisresident's sponsor may challenge a	26574
transfer or discharge by requesting an impartial hearing at the	26575
homepursuant to section 3721.161 of the Revised Code, unless the	26576
transfer or discharge is required because of an emergency or one	26577
of the following reasons:	26578

(1) The home's license has been revoked under this chapter;

26579

(2) The home is being closed pursuant to section 3721.08,	26580
sections 5111.35 to 5111.62, or section 5155.31 of the Revised	26581
Code;	26582

(3) The resident is a recipient of medical assistance under	26583
section 5111.01 of the Revised Codemedicaid and the home's	26584
participation in the medical assistancemedicaid program has been	26585
involuntarily terminated or denied by the federal government;	26586

(4) The resident is a beneficiary under Title XVIII of the	26587
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	26588
amendedthe medicare program and the home's certification under	26589
Title XVIIIthe medicare program has been involuntarily terminated	26590
or denied by the federal government.	26591

A request for a hearing under this section shall be sent in	26592
writing to the legal services office of the department of health	26593
not later than ten days after the resident and his sponsor receive	26594
notice of the proposed transfer or discharge. A hearing shall be	26595
held within ten days by the department of health. A	26596
representative of the department shall preside over the hearing	26597
and issue a recommendation within five days as to any advisable	26598
action to the administrator, the resident, and any interested	26599
sponsor.	26600

(E) If a resident is transferred or discharged pursuant to	26601
this section, the home from which the resident is being	26602
transferred or discharged shall provide the resident with adequate	26603
preparation prior to the transfer or discharge to ensure a safe	26604
and orderly transfer or discharge from the home, and the home or	26605
alternative setting to which the resident is to be transferred or	26606
discharged shall have accepted the resident for transfer or	26607
discharge.	26608

(D) An impartial hearing on resident transfer or discharge	26609
is not subject to section 121.22 of the Revised Code.	26610

(E)(F) At the time of a transfer or discharge of a resident	26611
who is a recipient of medical assistance under section 5111.01 of	26612
the Revised Codemedicaid from a home to a hospital or for	26613
therapeutic leave, the home shall provide notice in writing to the	26614
resident and in writing by certified mail, return receipt	26615
requested, to the resident's sponsor, specifying the number of	26616
days, if any, during which the resident will be permitted under	26617
the medical assistancemedicaid program to return and resume	26618
residence in the home and specifying the medical assistance	26619
medicaid program's coverage of the days during which the resident	26620
is absent from the home. An individual who is absent from a home	26621
for more than the number of days specified in the notice and	26622
continues to require the services provided by the facility shall	26623
be given priority for the first available bed in a semi-private	26624
room.	26625

Sec. 3721.161. (A) Not later than thirty days after the date	26626
a resident or the resident's sponsor receives notice of a proposed	26627
transfer or discharge, whichever is later, the resident or	26628
resident's sponsor may challenge the proposed transfer or	26629
discharge by submitting a written request for a hearing to the	26630
state department of health. On receiving the request, the	26631
department shall conduct a hearing in accordance with section	26632
3721.162 of the Revised Code to determine whether the proposed	26633
transfer or discharge complies with division (A)(30) of section	26634
3721.13 of the Revised Code.	26635

(B) Except in the circumstances described in divisions	26636
(A)(1)(a) to (e) of section 3721.16 of the Revised Code, if a	26637
resident or resident's sponsor submits a written hearing request	26638
not later than ten days after the resident or the resident's	26639
sponsor received notice of the proposed transfer or discharge,	26640
whichever is later, the home shall not transfer or discharge the	26641
resident unless the department determines after the hearing that	26642
the transfer or discharge complies with division (A)(30) of	26643
section 3721.13 of the Revised Code or the department's	26644
determination to the contrary is reversed on appeal.	26645

(C) If a resident or resident's sponsor does not request a	26646
hearing pursuant to division (A) of this section, the home may	26647
transfer or discharge the resident on the date specified in the	26648
notice required by division (A) of section 3721.16 of the Revised	26649
Code or thereafter, unless the home and the resident or, if the	26650
resident is not competent to make a decision, the home and the	26651
resident's sponsor, agree to an earlier date.	26652

(D) If the resident or resident's sponsor requests a	26653
hearing in writing pursuant to division (A) of this section and	26654
the home transfers or discharges the resident before the	26655
department issues a hearing decision, the home shall readmit the	26656
resident in the first available bed if the department determines	26657
after the hearing that the transfer or discharge does not comply	26658
with division (A)(30) of section 3721.13 of the Revised Code or	26659
the department's determination to the contrary is reversed on	26660
appeal.	26661

Sec. 3721.162. (A) On receiving a request pursuant to	26662
section 3721.161 of the Revised Code, the department of health	26663
shall conduct hearings under this section in accordance with 42	26664
C.F.R. 431, subpart E, to determine whether the proposed transfer	26665
or discharge complies with division (A)(30) of section 3721.13 of	26666
the Revised Code.	26667

(B) The department shall employ or contract with an	26668
attorney to serve as hearing officer. The hearing officer shall	26669
conduct a hearing in the home not later than ten days after the	26670
date the department receives a request pursuant to section	26671
3721.161 of the Revised Code, unless the resident and the home or,	26672
if the resident is not competent to make a decision, the	26673
resident's sponsor and the home, agree otherwise. The hearing	26674
shall be recorded on audiotape, but neither the recording nor a	26675
transcript of the recording shall be part of the official record	26676
of the hearing. A hearing conducted under this section is not	26677
subject to section 121.22 of the Revised Code.	26678

(C) Unless the parties otherwise agree, the hearing officer	26679
shall issue a decision within five days of the date the hearing	26680
concludes. In all cases, a decision shall be issued not later	26681
than thirty days after the department receives a request pursuant	26682
to section 3721.161 of the Revised Code. The hearing officer's	26683
decision shall be served on the resident or resident's sponsor and	26684
the home by certified mail. The hearing officer's decision shall	26685
be considered the final decision of the department.	26686

(D) A resident, resident's sponsor, or home may appeal the	26687
decision of the department to the court of common pleas pursuant	26688
to section 119.12 of the Revised Code. The appeal shall be	26689
governed by section 119.12 of the Revised Code, except for all of	26690
the following:	26691

(1) The resident, resident's sponsor, or home shall file	26692
the appeal in the court of common pleas of the county in which the	26693
home is located.	26694

(2) The resident or resident's sponsor may apply to the	26695
court for designation as an indigent and, if the court grants the	26696
application, the resident or resident's sponsor shall not be	26697
required to furnish the costs of the appeal.	26698

(3) The appeal shall be filed with the department and the	26699
court within thirty days after the hearing officer's decision is	26700
served. The appealing party shall serve the opposing party a copy	26701
of the notice of appeal by hand-delivery or certified mail, return	26702
receipt requested. If the home is the appealing party, it shall	26703
provide a copy of the notice of appeal to both the resident and	26704
the resident's sponsor or attorney, if known.	26705

(4) The department shall not file a transcript of the	26706
hearing with the court unless the court orders it to do so. The	26707
court shall issue such an order only if it finds that the parties	26708
are unable to stipulate to the facts of the case and that the	26709
transcript is essential to the determination of the appeal. If	26710
the court orders the department to file the transcript, the	26711
department shall do so not later than thirty days after the day	26712
the court issues the order.	26713

(E) The court shall not require an appellant to pay a	26714
bond as a condition of issuing a stay pending its decision.	26715

(F) The resident, resident's sponsor, home, or department	26716
may commence a civil action in the court of common pleas of the	26717
county in which the home is located to enforce the decision of the	26718
department or the court. If the court finds that the resident or	26719
home has not complied with the decision, it shall enjoin the	26720
violation and order other appropriate relief, including attorney's	26721
fees.	26722

Sec. 3721.17.  (A) Any resident who believes that the	26723
resident's rights under sections 3721.10 to 3721.17 of the Revised	26724
Code have been violated may file a grievance under procedures	26725
adopted pursuant to division (A)(2) of section 3721.12 of the	26726
Revised Code.	26727

When the grievance committee determines a violation of	26728
sections 3721.10 to 3721.17 of the Revised Code has occurred, it	26729
shall notify the administrator of the home. If the violation	26730
cannot be corrected within ten days, or if ten days have elapsed	26731
without correction of the violation, the grievance committee shall	26732
refer the matter to the department of health.	26733

(B) Any person who believes that a resident's rights under	26734
sections 3721.10 to 3721.17 of the Revised Code have been violated	26735
may report or cause reports to be made of the information directly	26736
to the department of health. No person who files a report is	26737
liable for civil damages resulting from the report.	26738

(C)(1) Within thirty days of receiving a complaint under	26739
this section, the department of health shall investigate any	26740
complaint referred to it by a home's grievance committee and any	26741
complaint from any source that alleges that the home provided	26742
substantially less than adequate care or treatment, or	26743
substantially unsafe conditions, or, within seven days of	26744
receiving a complaint, refer it to the attorney general, if the	26745
attorney general agrees to investigate within thirty days.	26746

(2) Within thirty days of receiving a complaint under this	26747
section, the department of health may investigate any alleged	26748
violation of sections 3721.10 to 3721.17 of the Revised Code, or	26749
of rules, policies, or procedures adopted pursuant to those	26750
sections, not covered by division (C)(1) of this section, or it	26751
may, within seven days of receiving a complaint, refer the	26752
complaint to the grievance committee at the home where the alleged	26753
violation occurred, or to the attorney general if the attorney	26754
general agrees to investigate within thirty days.	26755

(D) If, after an investigation, the department of health	26756
finds probable cause to believe that a violation of sections	26757
3721.10 to 3721.17 of the Revised Code, or of rules, policies, or	26758
procedures adopted pursuant to those sections, has occurred at a	26759
home that is certified under Title XVIII or XIX of the "Social	26760
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended	26761
the medicare or medicaid program, it shall cite one or more	26762
findings or deficiencies under sections 5111.35 to 5111.62 of the	26763
Revised Code. If the home is not so certified, the department	26764
shall hold an adjudicative hearing within thirty days under	26765
Chapter 119. of the Revised Code.	26766

(E) Upon a finding at an adjudicative hearing under division	26767
(D) of this section that a violation of sections 3721.10 to	26768
3721.17 of the Revised Code, or of rules, policies, or procedures	26769
adopted pursuant thereto, has occurred, the department of health	26770
shall make an order for compliance, set a reasonable time for	26771
compliance, and assess a fine pursuant to division (F) of this	26772
section. The fine shall be paid to the general revenue fund only	26773
if compliance with the order is not shown to have been made within	26774
the reasonable time set in the order. The department of health	26775
may issue an order prohibiting the continuation of any violation	26776
of sections 3721.10 to 3721.17 of the Revised Code.	26777

Findings at the hearings conducted under this section may be	26778
appealed pursuant to Chapter 119. of the Revised Code, except that	26779
an appeal may be made to the court of common pleas of the county	26780
in which the home is located.	26781

The department of health shall initiate proceedings in court	26782
to collect any fine assessed under this section which is unpaid	26783
thirty days after the violator's final appeal is exhausted.	26784

(F) Any home found, pursuant to an adjudication hearing	26785
under division (D) of this section, to have violated sections	26786
3721.10 to 3721.17 of the Revised Code, or rules, policies, or	26787
procedures adopted pursuant to those sections may be fined not	26788
less than one hundred nor more than five hundred dollars for a	26789
first offense. For each subsequent offense, the home may be fined	26790
not less than two hundred nor more than one thousand dollars.	26791

A violation of sections 3721.10 to 3721.17 of the Revised	26792
Code is a separate offense for each day of the violation and for	26793
each resident who claims the violation.	26794

(G) No home or employee of a home shall retaliate against	26795
any person who:	26796

(1) Exercises any right set forth in sections 3721.10 to	26797
3721.17 of the Revised Code, including, but not limited to, filing	26798
a complaint with the home's grievance committee or reporting an	26799
alleged violation to the department of health;	26800

(2) Appears as a witness in any hearing conducted under this	26801
section andor section 3721.163721.162 of the Revised Code;	26802

(3) Files a civil action alleging a violation of sections	26803
3721.10 to 3721.17 of the Revised Code, or notifies a county	26804
prosecuting attorney or the attorney general of a possible	26805
violation of sections 3721.10 to 3721.17 of the Revised Code.	26806

If, under the procedures outlined in this section, a home or	26807
its employee is found to have retaliated, the violator may be	26808
fined up to one thousand dollars.	26809

(H) When legal action is indicated, any evidence of criminal	26810
activity found in an investigation under division (C) of this	26811
section shall be given to the prosecuting attorney in the county	26812
in which the home is located for investigation.	26813

(I)(1) Any resident whose rights under sections 3721.10 to	26814
3721.17 of the Revised Code are violated has a cause of action	26815
against any person or home committing the violation. The action	26816
may be commenced by the resident or by the resident's sponsor on	26817
behalf of the resident.	26818

(2)(a) If compensatory damages are awarded for a violation	26819
of the resident's rights, section 2315.21 of the Revised Code,	26820
except divisions (E)(1) and (2) of that section, shall apply to an	26821
award of punitive or exemplary damages for the violation.	26822

(b) The court may award to the prevailing party reasonable	26823
attorney's fees limited to the work reasonably performed.	26824

(3) Division (I)(2)(a) of this section shall be considered	26825
to be purely remedial in operation and shall be applied in a	26826
remedial manner in any civil action in which this section is	26827
relevant, whether the action is pending in court or commenced on	26828
or after the effective date of this amendmentJuly 9, 1998.	26829

Sec. 3721.51.  The department of job and family services	26830
shall:	26831

(A) For the purpose of providing home and community-based	26832
services to elderly and disabled personspurposes specified in	26833
section 3721.56 of the Revised Code, determine an annual franchise	26834
permit fee on each nursing home in an amount equal to three	26835
dollars and thirty cents for fiscal years 2002 and 2003, and one	26836
dollar for each fiscal year thereafter, multiplied by the product	26837
of the following:	26838

(1) The number of beds licensed as nursing home beds, plus	26839
any other beds certified as skilled nursing facility beds under	26840
Title XVIII or nursing facility beds under Title XIX of the	26841
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	26842
amended, on July 1, 1993, and, for each subsequent year, the first	26843
day of May of the calendar year in which the fee is determined	26844
pursuant to division (A) of section 3721.53 of the Revised Code;	26845

(2) The number of days in fiscal year 1994 and, for each	26846
subsequent year, the number of days in the fiscal year beginning	26847
on the first day of July of the calendar year in which the fee is	26848
determined pursuant to division (A) of section 3721.53 of the	26849
Revised Code.	26850

(B) For the purpose of providing home and community-based	26851
services to elderly and disabled personspurposes specified in	26852
section 3721.56 of the Revised Code, determine an annual franchise	26853
permit fee on each hospital in an amount equal to three dollars	26854
and thirty cents for fiscal years 2002 and 2003, and one dollar	26855
for each fiscal year thereafter, multiplied by the product of the	26856
following:	26857

(1) The number of beds registered pursuant to section	26858
3701.07 of the Revised Code as skilled nursing facility beds or	26859
long-term care beds, plus any other beds licensed as nursing home	26860
beds under section 3721.02 or 3721.09 of the Revised Code, on July	26861
1, 1993, and, for each subsequent year, the first day of May of	26862
the calendar year in which the fee is determined pursuant to	26863
division (A) of section 3721.53 of the Revised Code;	26864

(2) The number of days in fiscal year 1994 and, for each	26865
subsequent year, the number of days in the fiscal year beginning	26866
on the first day of July of the calendar year in which the fee is	26867
determined pursuant to division (A) of section 3721.53 of the	26868
Revised Code.	26869

If the United States health care financing administration	26870
determines that the franchise permit fee established by sections	26871
3721.50 through 3721.58 of the Revised Code would be an	26872
impermissible health care related tax under section 1903(w) of the	26873
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	26874
amended, the department of job and family services shall take all	26875
necessary actions to cease implementation of those sections in	26876
accordance with rules adopted under section 3721.58 of the Revised	26877
Code.	26878

Sec. 3721.56. All(A) Thirty and three-tenths per cent of	26879
all payments and penalties paid by nursing homes and hospitals	26880
under sections 3721.53 and 3721.54 of the Revised Code for fiscal	26881
years 2002 and 2003, and all such payments and penalties paid for	26882
subsequent fiscal years, shall be deposited into the "home and	26883
community-based services for the aged fund," which is hereby	26884
created in the state treasury. The departments of job and family	26885
services and aging shall use the moneys in the fund to fund the	26886
following in accordance with rules adopted under section 3721.58	26887
of the Revised Code:	26888

(A)(1) The medical assistance program established under	26889
Chapter 511. of the Revised Code;	26890

(B)(2) The PASSPORT program established under section 173.40	26891
of the Revised Code;	26892

(C)(3) The residential state supplement program established	26893
under section 173.35 of the Revised Code.	26894

(B) Sixty-nine and seven-tenths per cent of all payments and	26895
penalties paid by nursing homes and hospitals under sections	26896
3721.53 and 3721.54 of the Revised Code for fiscal years 2002 and	26897
2003 shall be deposited into the nursing facility stabilization	26898
fund, which is hereby created in the state treasury. The	26899
department of job and family services shall use the money in the	26900
fund in the manner provided by Am. Sub. H.B. 94 of the 124th	26901
general assembly.	26902

Sec. 3722.01.  (A) As used in this chapter:

26903

(1) "Owner" means the person who owns the business of and who	26904
ultimately controls the operation of an adult care facility and to	26905
whom the manager, if different from the owner, is responsible.	26906

(2) "Manager" means the person responsible for the daily	26907
operation of an adult care facility. The manager and the owner of	26908
a facility may be the same person.	26909

(3) "Adult" means an individual eighteen years of age or	26910
older.	26911

(4) "Unrelated" means that an adult resident is not related	26912
to the owner or manager of an adult care facility or to the	26913
owner's or manager's spouse as a parent, grandparent, child,	26914
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	26915
uncle, or as the child of an aunt or uncle.	26916

(5) "Skilled nursing care" means skilled nursing care as	26917
defined in section 3721.01 of the Revised Code.	26918

(6)(a) "Personal care services" means services including, but	26919
not limited to, the following:	26920

(i) Assisting residents with activities of daily living;

26921

(ii) Assisting residents with self-administration of	26922
medication, in accordance with rules adopted by the public health	26923
council pursuant to this chapter;	26924

(iii) Preparing special diets, other than complex	26925
therapeutic diets, for residents pursuant to the instructions of a	26926
physician or a licensed dietitian, in accordance with rules	26927
adopted by the public health council pursuant to this chapter.	26928

(b) "Personal care services" does not include "skilled	26929
nursing care" as defined in section 3721.01 of the Revised Code. A	26930
facility need not provide more than one of the services listed in	26931
division (A)(6)(a) of this section to be considered to be	26932
providing personal care services.	26933

(7) "Adult family home" means a residence or facility that	26934
provides accommodations to three to five unrelated adults and	26935
supervision and personal care services to at least three of those	26936
adults.	26937

(8) "Adult group home" means a residence or facility that	26938
provides accommodations to six to sixteen unrelated adults and	26939
provides supervision and personal care services to at least three	26940
of the unrelated adults.	26941

(9) "Adult care facility" means an adult family home or an	26942
adult group home. For the purposes of this chapter, any	26943
residence, facility, institution, hotel, congregate housing	26944
project, or similar facility that provides accommodations and	26945
supervision to three to sixteen unrelated adults, at least three	26946
of whom are provided personal care services, is an adult care	26947
facility regardless of how the facility holds itself out to the	26948
public. "Adult care facility" does not include:	26949

(a) A facility operated by a hospice care program licensed	26950
under section 3712.04 of the Revised Code that is used exclusively	26951
for care of hospice patients;	26952

(b) A nursing home, residential care facility, or home for	26953
the aging as defined in section 3721.01 of the Revised Code;	26954

(c) A community alternative home as defined in section	26955
3724.01 of the Revised Code;	26956

(d) An alcohol and drug addiction program as defined in	26957
section 3793.01 of the Revised Code;	26958

(e) A habilitation center as defined in section 5123.041 of	26959
the Revised Code;	26960

(f) A residential facility for the mentally ill licensed by	26961
the department of mental health under section 5119.22 of the	26962
Revised Code;	26963

(g) A facility licensed to provide methadone treatment under	26964
section 3793.11 of the Revised Code;	26965

(h) A residential facility licensed under section 5123.19 of	26966
the Revised Code or otherwise regulated by the department of	26967
mental retardation and developmental disabilities;	26968

(i) Any residence, institution, hotel, congregate housing	26969
project, or similar facility that provides personal care services	26970
to fewer than three residents or that provides, for any number of	26971
residents, only housing, housekeeping, laundry, meal preparation,	26972
social or recreational activities, maintenance, security,	26973
transportation, and similar services that are not personal care	26974
services or skilled nursing care;	26975

(j) Any facility that receives funding for operating costs	26976
from the department of development under any program established	26977
to provide emergency shelter housing or transitional housing for	26978
the homeless;	26979

(k) A terminal care facility for the homeless that has	26980
entered into an agreement with a hospice care program under	26981
section 3712.07 of the Revised Code;	26982

(l) A facility approved by the veterans administration	26983
under section 104(a) of the "Veterans Health Care Amendments of	26984
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used	26985
exclusively for the placement and care of veterans;	26986

(m) Until January 1, 1994, the portion of a facility in	26987
which care is provided exclusively to members of a religious order	26988
if the facility is owned by or part of a nonprofit institution of	26989
higher education authorized to award degrees by the Ohio board of	26990
regents under Chapter 1713. of the Revised Code.	26991

(10) "Residents' rights advocate" means:

26992

(a) An employee or representative of any state or local	26993
government entity that has a responsibility for residents of adult	26994
care facilities and has registered with the department of health	26995
under section 3701.07 of the Revised Code;	26996

(b) An employee or representative, other than a manager or	26997
employee of an adult care facility or nursing home, of any private	26998
nonprofit corporation or association that qualifies for tax-exempt	26999
status under section 501(a) of the "Internal Revenue Code of	27000
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has	27001
registered with the department of health under section 3701.07 of	27002
the Revised Code, and whose purposes include educating and	27003
counseling residents, assisting residents in resolving problems	27004
and complaints concerning their care and treatment, and assisting	27005
them in securing adequate services.	27006

(11) "Sponsor" means an adult relative, friend, or guardian	27007
of a resident of an adult care facility who has an interest in or	27008
responsibility for the resident's welfare.	27009

(12) "Ombudsperson" means a "representative of the office of	27010
the state long-term care ombudsperson program" as defined in	27011
section 173.14 of the Revised Code.	27012

(13) "Mental health agency" means a community mental health	27013
agency, as defined in section 5119.22 of the Revised Code, under	27014
contract with a board of alcohol, drug addiction, and mental	27015
health services pursuant to division (A)(6)(8)(a) of section	27016
340.03 of the Revised Code.	27017

(B) For purposes of this chapter, personal care services or	27018
skilled nursing care shall be considered to be provided by a	27019
facility if they are provided by a person employed by or	27020
associated with the facility or by another person pursuant to an	27021
agreement to which neither the resident who receives the services	27022
nor the resident's sponsor is a party.	27023

(C) Nothing in division (A)(6) of this section shall be	27024
construed to permit personal care services to be imposed upon a	27025
resident who is capable of performing the activity in question	27026
without assistance.	27027

Sec. 3722.15.  (A) The following may enter an adult care	27028
facility at any time:	27029

(1) Employees designated by the director of health;

27030

(2) Employees designated by the director of aging;

27031

(3) Employees designated by the attorney general;

27032

(4) Employees designated by a county department of job and	27033
family services to implement sections 5101.60 to 5101.71 of the	27034
Revised Code;	27035

(5) Persons employed pursuant to division (M) of section	27036
173.01 of the Revised Code in the long-term care facilities	27037
ombudsperson program;	27038

(6) Employees of the department of mental health designated	27039
by the director of mental health;	27040

(7) Employees of a mental health agency, if the agency has a	27041
client residing in the facility;	27042

(8) Employees of a board of alcohol, drug addiction, and	27043
mental health services, when authorized by section 340.05 of the	27044
Revised Code or if an individual receiving mental health services	27045
provided by the board pursuant to division (A)(6)(8)(b) of section	27046
340.03 of the Revised Code or a mental health agency under	27047
contract with the board resides in the facility.	27048

These employees shall be afforded access to all records of	27049
the facility, including records pertaining to residents, and may	27050
copy the records. Neither these employees nor the director of	27051
health shall release, without consent, any information obtained	27052
from the records of an adult care facility that reasonably would	27053
tend to identify a specific resident of the facility, except as	27054
ordered by a court of competent jurisdiction.	27055

(B) The following persons may enter any adult care facility	27056
during reasonable hours:	27057

(1) A resident's sponsor;

27058

(2) Residents' rights advocates;

27059

(3) A resident's attorney;

27060

(4) A minister, priest, rabbi, or other person ministering	27061
to a resident's religious needs;	27062

(5) A physician or other person providing health care	27063
services to a resident;	27064

(6) Employees authorized by county departments of job and	27065
family services and local boards of health or health departments	27066
to enter adult care facilities;	27067

(7) A prospective resident and prospective resident's	27068
sponsor.	27069

(C) The manager of an adult care facility may require a	27070
person seeking to enter the facility to present identification	27071
sufficient to identify the person as an authorized person under	27072
this section.	27073

Sec. 3722.16.  (A) No person shall:

27074

(1) Operate an adult care facility unless the facility is	27075
validly licensed by the director of health under section 3722.04	27076
of the Revised Code;	27077

(2) Admit to an adult care facility more residents than the	27078
number authorized in the facility's license;	27079

(3) Admit a resident to an adult care facility after the	27080
director has issued an order pursuant to section 3722.07 of the	27081
Revised Code suspending admissions to the facility. Violation of	27082
division (A)(3) of this section is cause for revocation of the	27083
facility's license.	27084

(4) Interfere with any authorized inspection of an adult	27085
care facility conducted pursuant to section 3722.02 or 3722.04 of	27086
the Revised Code;	27087

(5) Violate any of the provisions of this chapter or any of	27088
the rules adopted pursuant to it.	27089

(B) No adult care facility shall provide, or admit or retain	27090
any resident in need of, skilled nursing care unless all of the	27091
following are the case:	27092

(1) The care will be provided on a part-time, intermittent	27093
basis for not more than a total of one hundred twenty days in any	27094
twelve-month period by one or more of the following:	27095

(a) A home health agency certified under Title XVIII of the	27096
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	27097
amended:	27098

(b) A hospice care program licensed under Chapter 3712. of	27099
the Revised Code;	27100

(c) A nursing home licensed under Chapter 3721. of the	27101
Revised Code and owned and operated by the same person and located	27102
on the same site as the adult care facility;	27103

(d) A mental health agency or, pursuant to division	27104
(A)(6)(8)(b) of section 340.03 of the Revised Code, a board of	27105
alcohol, drug addiction, and mental health services.	27106

(2) The staff of the home health agency, hospice care	27107
program, nursing home, mental health agency, or board of alcohol,	27108
drug addiction, and mental health services does not train facility	27109
staff to provide the skilled nursing care;	27110

(3) The individual to whom the skilled nursing care is	27111
provided is suffering from a short-term illness;	27112

(4) If the skilled nursing care is to be provided by the	27113
nursing staff of a nursing home, all of the following are the	27114
case:	27115

(a) The adult care facility evaluates the individual	27116
receiving the skilled nursing care at least once every seven days	27117
to determine whether the individual should be transferred to a	27118
nursing home;	27119

(b) The adult care facility meets at all times staffing	27120
requirements established by rules adopted under section 3722.10 of	27121
the Revised Code;	27122

(c) The nursing home does not include the cost of providing	27123
skilled nursing care to the adult care facility residents in a	27124
cost report filed under section 5111.26 of the Revised Code;	27125

(d) The nursing home meets at all times the nursing home	27126
licensure staffing ratios established by rules adopted under	27127
section 3721.04 of the Revised Code;	27128

(e) The nursing home staff providing skilled nursing care to	27129
adult care facility residents are registered nurses or licensed	27130
practical nurses licensed under Chapter 4723. of the Revised Code	27131
and meet the personnel qualifications for nursing home staff	27132
established by rules adopted under section 3721.04 of the Revised	27133
Code;	27134

(f) The skilled nursing care is provided in accordance with	27135
rules established for nursing homes under section 3721.04 of the	27136
Revised Code;	27137

(g) The nursing home meets the skilled nursing care needs of	27138
the adult care facility residents;	27139

(h) Using the nursing home's nursing staff does not prevent	27140
the nursing home or adult care facility from meeting the needs of	27141
the nursing home and adult care facility residents in a quality	27142
and timely manner.	27143

Notwithstanding section 3721.01 of the Revised Code, an adult	27144
care facility in which residents receive skilled nursing care as	27145
described in division (B) of this section is not a nursing home.	27146
No adult care facility shall provide skilled nursing care.	27147

(C) A home health agency or hospice care program that	27148
provides skilled nursing care pursuant to division (B) of this	27149
section may not be associated with the adult care facility unless	27150
the facility is part of a home for the aged as defined in section	27151
5701.13 of the Revised Code or the adult care facility is owned	27152
and operated by the same person and located on the same site as a	27153
nursing home licensed under Chapter 3721. of the Revised Code that	27154
is associated with the home health agency or hospice care program.	27155
In addition, the following requirements shall be met:	27156

(1) The adult care facility shall evaluate the individual	27157
receiving the skilled nursing care not less than once every seven	27158
days to determine whether the individual should be transferred to	27159
a nursing home;	27160

(2) If the costs of providing the skilled nursing care are	27161
included in a cost report filed pursuant to section 5111.26 of the	27162
Revised Code by the nursing home that is part of the same home for	27163
the aged, the home health agency or hospice care program shall not	27164
seek reimbursement for the care under the medical assistance	27165
program established under Chapter 5111. of the Revised Code.	27166

(D)(1) No person knowingly shall place or recommend	27167
placement of any person in an adult care facility that is	27168
operating without a license.	27169

(2) No employee of a unit of local or state government,	27170
board of alcohol, drug addiction, and mental health services,	27171
mental health agency, or PASSPORT administrative agency shall	27172
place or recommend placement of any person in an adult care	27173
facility if the employee knows that the facility cannot meet the	27174
needs of the potential resident.	27175

(3) No person who has reason to believe that an adult care	27176
facility is operating without a license shall fail to report this	27177
information to the director of health.	27178

(E) In accordance with Chapter 119. of the Revised Code, the	27179
public health council shall adopt rules that define a short-term	27180
illness for purposes of division (B)(3) of this section and	27181
specify, consistent with rules pertaining to home health care	27182
adopted by the director of job and family services under the	27183
medical assistance program established under Chapter 5111. of the	27184
Revised Code and Title XIX of the "Social Security Act," 49 Stat.	27185
620 (1935), 42 U.S.C. 301, as amended, what constitutes a	27186
part-time, intermittent basis for purposes of division (B)(1) of	27187
this section.	27188

Sec. 3734.28.  All moneys collected under sections 3734.122,	27189
3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised	27190
Code and natural resource damages collected by the state under the	27191
"Comprehensive Environmental Response, Compensation, and Liability	27192
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall	27193
be paid into the state treasury to the credit of the hazardous	27194
waste clean-up fund, which is hereby created. The environmental	27195
protection agency shall use the moneys in the fund for the	27196
purposes set forth in division (D) of section 3734.122, sections	27197
3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and	27198
3734.27, and, through June 30, 20012003, divisions (A)(1) and (2)	27199
of section 3745.12 and Chapter 3746. of the Revised Code and for,	27200
including any related enforcement expenses. In addition, the	27201
agency shall use the moneys in the fund to pay the state's	27202
long-term operation and maintenance costs or matching share for	27203
actions taken under the "Comprehensive Environmental Response,	27204
Compensation, and Liability Act of 1980," as amended. If those	27205
moneys are reimbursed by grants or other moneys from the United	27206
States or any other person, the moneys shall be placed in the fund	27207
and not in the general revenue fund.	27208

Sec. 3734.57.  (A) For the purposes of paying the state's	27209
long-term operation costs or matching share for actions taken	27210
under the "Comprehensive Environmental Response, Compensation, and	27211
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	27212
amended; paying the costs of measures for proper clean-up of sites	27213
where polychlorinated biphenyls and substances, equipment, and	27214
devices containing or contaminated with polychlorinated biphenyls	27215
have been stored or disposed of; paying the costs of conducting	27216
surveys or investigations of solid waste facilities or other	27217
locations where it is believed that significant quantities of	27218
hazardous waste were disposed of and for conducting enforcement	27219
actions arising from the findings of such surveys or	27220
investigations; paying the costs of acquiring and cleaning up, or	27221
providing financial assistance for cleaning up, any hazardous	27222
waste facility or solid waste facility containing significant	27223
quantities of hazardous waste, that constitutes an imminent and	27224
substantial threat to public health or safety or the environment;	27225
and, from July 1, 19992001, through June 30, 20012004, for the	27226
purposes of paying the costs of administering and enforcing the	27227
laws pertaining to solid wastes, infectious wastes, and	27228
construction and demolition debris, including, without limitation,	27229
ground water evaluations related to solid wastes, infectious	27230
wastes, and construction and demolition debris, under this chapter	27231
and Chapter 3714. of the Revised Code and any rules adopted under	27232
them, and paying a share of the administrative costs of the	27233
environmental protection agency pursuant to section 3745.014 of	27234
the Revised Code, the following fees are hereby levied on the	27235
disposal of solid wastes in this state:	27236

(1) One dollar per ton on and after July 1, 1993;

27237

(2) An additional seventy-five cents per ton on and after	27238
July 1, 19992001, through June 30, 20012004.	27239

The owner or operator of a solid waste disposal facility	27240
shall collect the fees levied under this division as a trustee for	27241
the state and shall prepare and file with the director of	27242
environmental protection monthly returns indicating the total	27243
tonnage of solid wastes received for disposal at the gate of the	27244
facility and the total amount of the fees collected under this	27245
division. Not later than thirty days after the last day of the	27246
month to which such a return applies, the owner or operator shall	27247
mail to the director the return for that month together with the	27248
fees collected during that month as indicated on the return. The	27249
owner or operator may request an extension of not more than thirty	27250
days for filing the return and remitting the fees, provided that	27251
the owner or operator has submitted such a request in writing to	27252
the director together with a detailed description of why the	27253
extension is requested, the director has received the request not	27254
later than the day on which the return is required to be filed,	27255
and the director has approved the request. If the fees are not	27256
remitted within sixty days after the last day of the month during	27257
which they were collected, the owner or operator shall pay an	27258
additional fifty per cent of the amount of the fees for each month	27259
that they are late.	27260

One-half of the moneys remitted to the director under	27261
division (A)(1) of this section shall be credited to the hazardous	27262
waste facility management fund created in section 3734.18 of the	27263
Revised Code, and one-half shall be credited to the hazardous	27264
waste clean-up fund created in section 3734.28 of the Revised	27265
Code. The moneys remitted to the director under division (A)(2)	27266
of this section shall be credited to the solid waste fund, which	27267
is hereby created in the state treasury. The environmental	27268
protection agency shall use moneys in the solid waste fund only to	27269
pay the costs of administering and enforcing the laws pertaining	27270
to solid wastes, infectious wastes, and construction and	27271
demolition debris, including, without limitation, ground water	27272
evaluations related to solid wastes, infectious wastes, and	27273
construction and demolition debris, under this chapter and Chapter	27274
3714. of the Revised Code and rules adopted under them and to pay	27275
a share of the administrative costs of the environmental	27276
protection agency pursuant to section 3745.014 of the Revised	27277
Code.	27278

The fees levied under this division and divisions (B) and (C)	27279
of this section are in addition to all other applicable fees and	27280
taxes and shall be added to any other fee or amount specified in a	27281
contract that is charged by the owner or operator of a solid waste	27282
disposal facility or to any other fee or amount that is specified	27283
in a contract entered into on or after March 4, 1992, and that is	27284
charged by a transporter of solid wastes.	27285

(B) For the purpose of preparing, revising, and implementing	27286
the solid waste management plan of the county or joint solid waste	27287
management district, including, without limitation, the	27288
development and implementation of solid waste recycling or	27289
reduction programs; providing financial assistance to boards of	27290
health within the district, if solid waste facilities are located	27291
within the district, for the enforcement of this chapter and rules	27292
adopted and orders and terms and conditions of permits, licenses,	27293
and variances issued under it, other than the hazardous waste	27294
provisions of this chapter and rules adopted and orders and terms	27295
and conditions of permits issued under those provisions; providing	27296
financial assistance to the county to defray the added costs of	27297
maintaining roads and other public facilities and of providing	27298
emergency and other public services resulting from the location	27299
and operation of a solid waste facility within the county under	27300
the district's approved solid waste management plan; paying the	27301
costs incurred by boards of health for collecting and analyzing	27302
water samples from public or private wells on lands adjacent to	27303
solid waste facilities that are contained in the approved or	27304
amended plan of the district; paying the costs of developing and	27305
implementing a program for the inspection of solid wastes	27306
generated outside the boundaries of this state that are disposed	27307
of at solid waste facilities included in the district's approved	27308
solid waste management plan or amended plan; providing financial	27309
assistance to boards of health within the district for enforcing	27310
laws prohibiting open dumping; providing financial assistance to	27311
local law enforcement agencies within the district for enforcing	27312
laws and ordinances prohibiting littering; providing financial	27313
assistance to boards of health of health districts within the	27314
district that are on the approved list under section 3734.08 of	27315
the Revised Code for the training and certification required for	27316
their employees responsible for solid waste enforcement by rules	27317
adopted under division (L) of section 3734.02 of the Revised Code;	27318
providing financial assistance to individual municipal	27319
corporations and townships within the district to defray their	27320
added costs of maintaining roads and other public facilities and	27321
of providing emergency and other public services resulting from	27322
the location and operation within their boundaries of a	27323
composting, energy or resource recovery, incineration, or	27324
recycling facility that either is owned by the district or is	27325
furnishing solid waste management facility or recycling services	27326
to the district pursuant to a contract or agreement with the board	27327
of county commissioners or directors of the district; and payment	27328
of any expenses that are agreed to, awarded, or ordered to be paid	27329
under section 3734.35 of the Revised Code and of any	27330
administrative costs incurred pursuant to that section, the solid	27331
waste management policy committee of a county or joint solid waste	27332
management district may levy fees upon the following activities:	27333

(1) The disposal at a solid waste disposal facility located	27334
in the district of solid wastes generated within the district;	27335

(2) The disposal at a solid waste disposal facility within	27336
the district of solid wastes generated outside the boundaries of	27337
the district, but inside this state;	27338

(3) The disposal at a solid waste disposal facility within	27339
the district of solid wastes generated outside the boundaries of	27340
this state.	27341

If any such fees are levied prior to January 1, 1994, fees	27342
levied under division (B)(1) of this section always shall be equal	27343
to one-half of the fees levied under division (B)(2) of this	27344
section, and fees levied under division (B)(3) of this section,	27345
which shall be in addition to fees levied under division (B)(2) of	27346
this section, always shall be equal to fees levied under division	27347
(B)(1) of this section, except as otherwise provided in this	27348
division. The solid waste management plan of the county or joint	27349
district approved under section 3734.521 or 3734.55 of the Revised	27350
Code and any amendments to it, or the resolution adopted under	27351
this division, as appropriate, shall establish the rates of the	27352
fees levied under divisions (B)(1), (2), and (3) of this section,	27353
if any, and shall specify whether the fees are levied on the basis	27354
of tons or cubic yards as the unit of measurement. Although the	27355
fees under divisions (A)(1) and (2) of this section are levied on	27356
the basis of tons as the unit of measurement, the solid waste	27357
management plan of the district and any amendments to it or the	27358
solid waste management policy committee in its resolution levying	27359
fees under this division may direct that the fees levied under	27360
those divisions be levied on the basis of cubic yards as the unit	27361
of measurement based upon a conversion factor of three cubic yards	27362
per ton generally or one cubic yard per ton for baled wastes if	27363
the fees under divisions (B)(1) to (3) of this section are being	27364
levied on the basis of cubic yards as the unit of measurement	27365
under the plan, amended plan, or resolution.	27366

On and after January 1, 1994, the fee levied under division	27367
(B)(1) of this section shall be not less than one dollar per ton	27368
nor more than two dollars per ton, the fee levied under division	27369
(B)(2) of this section shall be not less than two dollars per ton	27370
nor more than four dollars per ton, and the fee levied under	27371
division (B)(3) of this section shall be not more than the fee	27372
levied under division (B)(1) of this section, except as otherwise	27373
provided in this division and notwithstanding any schedule of	27374
those fees established in the solid waste management plan of a	27375
county or joint district approved under section 3734.55 of the	27376
Revised Code or a resolution adopted and ratified under this	27377
division that is in effect on that date. If the fee that a	27378
district is levying under division (B)(1) of this section on that	27379
date under its approved plan or such a resolution is less than one	27380
dollar per ton, the fee shall be one dollar per ton on and after	27381
January 1, 1994, and if the fee that a district is so levying	27382
under that division exceeds two dollars per ton, the fee shall be	27383
two dollars per ton on and after that date. If the fee that a	27384
district is so levying under division (B)(2) of this section is	27385
less than two dollars per ton, the fee shall be two dollars per	27386
ton on and after that date, and if the fee that the district is so	27387
levying under that division exceeds four dollars per ton, the fee	27388
shall be four dollars per ton on and after that date. On that	27389
date, the fee levied by a district under division (B)(3) of this	27390
section shall be equal to the fee levied under division (B)(1) of	27391
this section. Except as otherwise provided in this division, the	27392
fees established by the operation of this amendment shall remain	27393
in effect until the district's resolution levying fees under this	27394
division is amended or repealed in accordance with this division	27395
to amend or abolish the schedule of fees, the schedule of fees is	27396
amended or abolished in an amended plan of the district approved	27397
under section 3734.521 or division (A) or (D) of section 3734.56	27398
of the Revised Code, or the schedule of fees is amended or	27399
abolished through an amendment to the district's plan under	27400
division (E) of section 3734.56 of the Revised Code; the	27401
notification of the amendment or abolishment of the fees has been	27402
given in accordance with this division; and collection of the	27403
amended fees so established commences, or collection of the fees	27404
ceases, in accordance with this division.	27405

The solid waste management policy committee of a district	27406
levying fees under divisions (B)(1) to (3) of this section on	27407
October 29, 1993, under its solid waste management plan approved	27408
under section 3734.55 of the Revised Code or a resolution adopted	27409
and ratified under this division that are within the ranges of	27410
rates prescribed by this amendment, by adoption of a resolution	27411
not later than December 1, 1993, and without the necessity for	27412
ratification of the resolution under this division, may amend	27413
those fees within the prescribed ranges, provided that the	27414
estimated revenues from the amended fees will not substantially	27415
exceed the estimated revenues set forth in the district's budget	27416
for calendar year 1994. Not later than seven days after the	27417
adoption of such a resolution, the committee shall notify by	27418
certified mail the owner or operator of each solid waste disposal	27419
facility that is required to collect the fees of the adoption of	27420
the resolution and of the amount of the amended fees. Collection	27421
of the amended fees shall take effect on the first day of the	27422
first month following the month in which the notification is sent	27423
to the owner or operator. The fees established in such a	27424
resolution shall remain in effect until the district's resolution	27425
levying fees that was adopted and ratified under this division is	27426
amended or repealed, and the amendment or repeal of the resolution	27427
is ratified, in accordance with this division, to amend or abolish	27428
the fees, the schedule of fees is amended or abolished in an	27429
amended plan of the district approved under section 3734.521 or	27430
division (A) or (D) of section 3734.56 of the Revised Code, or the	27431
schedule of fees is amended or abolished through an amendment to	27432
the district's plan under division (E) of section 3734.56 of the	27433
Revised Code; the notification of the amendment or abolishment of	27434
the fees has been given in accordance with this division; and	27435
collection of the amended fees so established commences, or	27436
collection of the fees ceases, in accordance with this division.	27437

Prior to the approval of the solid waste management plan of	27438
the district under section 3734.55 of the Revised Code, the solid	27439
waste management policy committee of a district may levy fees	27440
under this division by adopting a resolution establishing the	27441
proposed amount of the fees. Upon adopting the resolution, the	27442
committee shall deliver a copy of the resolution to the board of	27443
county commissioners of each county forming the district and to	27444
the legislative authority of each municipal corporation and	27445
township under the jurisdiction of the district and shall prepare	27446
and publish the resolution and a notice of the time and location	27447
where a public hearing on the fees will be held. Upon adopting	27448
the resolution, the committee shall deliver written notice of the	27449
adoption of the resolution; of the amount of the proposed fees;	27450
and of the date, time, and location of the public hearing to the	27451
director and to the fifty industrial, commercial, or institutional	27452
generators of solid wastes within the district that generate the	27453
largest quantities of solid wastes, as determined by the	27454
committee, and to their local trade associations. The committee	27455
shall make good faith efforts to identify those generators within	27456
the district and their local trade associations, but the	27457
nonprovision of notice under this division to a particular	27458
generator or local trade association does not invalidate the	27459
proceedings under this division. The publication shall occur at	27460
least thirty days before the hearing. After the hearing, the	27461
committee may make such revisions to the proposed fees as it	27462
considers appropriate and thereafter, by resolution, shall adopt	27463
the revised fee schedule. Upon adopting the revised fee schedule,	27464
the committee shall deliver a copy of the resolution doing so to	27465
the board of county commissioners of each county forming the	27466
district and to the legislative authority of each municipal	27467
corporation and township under the jurisdiction of the district.	27468
Within sixty days after the delivery of a copy of the resolution	27469
adopting the proposed revised fees by the policy committee, each	27470
such board and legislative authority, by ordinance or resolution,	27471
shall approve or disapprove the revised fees and deliver a copy of	27472
the ordinance or resolution to the committee. If any such board	27473
or legislative authority fails to adopt and deliver to the policy	27474
committee an ordinance or resolution approving or disapproving the	27475
revised fees within sixty days after the policy committee	27476
delivered its resolution adopting the proposed revised fees, it	27477
shall be conclusively presumed that the board or legislative	27478
authority has approved the proposed revised fees.	27479

In the case of a county district or a joint district formed	27480
by two or three counties, the committee shall declare the proposed	27481
revised fees to be ratified as the fee schedule of the district	27482
upon determining that the board of county commissioners of each	27483
county forming the district has approved the proposed revised fees	27484
and that the legislative authorities of a combination of municipal	27485
corporations and townships with a combined population within the	27486
district comprising at least sixty per cent of the total	27487
population of the district have approved the proposed revised	27488
fees, provided that in the case of a county district, that	27489
combination shall include the municipal corporation having the	27490
largest population within the boundaries of the district, and	27491
provided further that in the case of a joint district formed by	27492
two or three counties, that combination shall include for each	27493
county forming the joint district the municipal corporation having	27494
the largest population within the boundaries of both the county in	27495
which the municipal corporation is located and the joint district.	27496
In the case of a joint district formed by four or more counties,	27497
the committee shall declare the proposed revised fees to be	27498
ratified as the fee schedule of the joint district upon	27499
determining that the boards of county commissioners of a majority	27500
of the counties forming the district have approved the proposed	27501
revised fees; that, in each of a majority of the counties forming	27502
the joint district, the proposed revised fees have been approved	27503
by the municipal corporation having the largest population within	27504
the county and the joint district; and that the legislative	27505
authorities of a combination of municipal corporations and	27506
townships with a combined population within the joint district	27507
comprising at least sixty per cent of the total population of the	27508
joint district have approved the proposed revised fees.	27509

For the purposes of this division, only the population of the	27510
unincorporated area of a township shall be considered. For the	27511
purpose of determining the largest municipal corporation within	27512
each county under this division, a municipal corporation that is	27513
located in more than one solid waste management district, but that	27514
is under the jurisdiction of one county or joint solid waste	27515
management district in accordance with division (A) of section	27516
3734.52 of the Revised Code shall be considered to be within the	27517
boundaries of the county in which a majority of the population of	27518
the municipal corporation resides.	27519

The committee may amend the schedule of fees levied pursuant	27520
to a resolution or amended resolution adopted and ratified under	27521
this division by adopting a resolution establishing the proposed	27522
amount of the amended fees. The committee may abolish the fees	27523
levied pursuant to such a resolution or amended resolution by	27524
adopting a resolution proposing to repeal them. Upon adopting	27525
such a resolution, the committee shall proceed to obtain	27526
ratification of the resolution in accordance with this division.	27527

Not later than fourteen days after declaring the fees or	27528
amended fees to be ratified under this division, the committee	27529
shall notify by certified mail the owner or operator of each solid	27530
waste disposal facility that is required to collect the fees of	27531
the ratification and the amount of the fees. Collection of any	27532
fees or amended fees ratified on or after March 24, 1992, shall	27533
commence on the first day of the second month following the month	27534
in which notification is sent to the owner or operator.	27535

Not later than fourteen days after declaring the repeal of	27536
the district's schedule of fees to be ratified under this	27537
division, the committee shall notify by certified mail the owner	27538
or operator of each facility that is collecting the fees of the	27539
repeal. Collection of the fees shall cease on the first day of	27540
the second month following the month in which notification is sent	27541
to the owner or operator.	27542

Not later than fourteen days after the director issues an	27543
order approving a district's solid waste management plan under	27544
section 3734.55 of the Revised Code or amended plan under division	27545
(A) or (D) of section 3734.56 of the Revised Code that establishes	27546
or amends a schedule of fees levied by the district, or the	27547
ratification of an amendment to the district's approved plan or	27548
amended plan under division (E) of section 3734.56 of the Revised	27549
Code that establishes or amends a schedule of fees, as	27550
appropriate, the committee shall notify by certified mail the	27551
owner or operator of each solid waste disposal facility that is	27552
required to collect the fees of the approval of the plan or	27553
amended plan, or the amendment to the plan, as appropriate, and	27554
the amount of the fees or amended fees. In the case of an initial	27555
or amended plan approved under section 3734.521 of the Revised	27556
Code in connection with a change in district composition, other	27557
than one involving the withdrawal of a county from a joint	27558
district, that establishes or amends a schedule of fees levied	27559
under divisions (B)(1) to (3) of this section by a district	27560
resulting from the change, the committee, within fourteen days	27561
after the change takes effect pursuant to division (G) of that	27562
section, shall notify by certified mail the owner or operator of	27563
each solid waste disposal facility that is required to collect the	27564
fees that the change has taken effect and of the amount of the	27565
fees or amended fees. Collection of any fees set forth in a plan	27566
or amended plan approved by the director on or after April 16,	27567
1993, or an amendment of a plan or amended plan under division (E)	27568
of section 3734.56 of the Revised Code that is ratified on or	27569
after April 16, 1993, shall commence on the first day of the	27570
second month following the month in which notification is sent to	27571
the owner or operator.	27572

Not later than fourteen days after the director issues an	27573
order approving a district's plan under section 3734.55 of the	27574
Revised Code or amended plan under division (A) or (D) of section	27575
3734.56 of the Revised Code that abolishes the schedule of fees	27576
levied under divisions (B)(1) to (3) of this section, or an	27577
amendment to the district's approved plan or amended plan	27578
abolishing the schedule of fees is ratified pursuant to division	27579
(E) of section 3734.56 of the Revised Code, as appropriate, the	27580
committee shall notify by certified mail the owner or operator of	27581
each facility that is collecting the fees of the approval of the	27582
plan or amended plan, or the amendment of the plan or amended	27583
plan, as appropriate, and the abolishment of the fees. In the	27584
case of an initial or amended plan approved under section 3734.521	27585
of the Revised Code in connection with a change in district	27586
composition, other than one involving the withdrawal of a county	27587
from a joint district, that abolishes the schedule of fees levied	27588
under divisions (B)(1) to (3) of this section by a district	27589
resulting from the change, the committee, within fourteen days	27590
after the change takes effect pursuant to division (G) of that	27591
section, shall notify by certified mail the owner or operator of	27592
each solid waste disposal facility that is required to collect the	27593
fees that the change has taken effect and of the abolishment of	27594
the fees. Collection of the fees shall cease on the first day of	27595
the second month following the month in which notification is sent	27596
to the owner or operator.	27597

Except as otherwise provided in this division, if the	27598
schedule of fees that a district is levying under divisions (B)(1)	27599
to (3) of this section pursuant to a resolution or amended	27600
resolution adopted and ratified under this division, the solid	27601
waste management plan of the district approved under section	27602
3734.55 of the Revised Code, an amended plan approved under	27603
division (A) or (D) of section 3734.56 of the Revised Code, or an	27604
amendment to the district's approved plan or amended plan under	27605
division (E) of section 3734.56 of the Revised Code, is amended by	27606
the adoption and ratification of an amendment to the resolution or	27607
amended resolution or an amendment of the district's approved plan	27608
or amended plan, the fees in effect immediately prior to the	27609
approval of the plan or the amendment of the resolution, amended	27610
resolution, plan, or amended plan, as appropriate, shall continue	27611
to be collected until collection of the amended fees commences	27612
pursuant to this division.	27613

If, in the case of a change in district composition involving	27614
the withdrawal of a county from a joint district, the director	27615
completes the actions required under division (G)(1) or (3) of	27616
section 3734.521 of the Revised Code, as appropriate, forty-five	27617
days or more before the beginning of a calendar year, the policy	27618
committee of each of the districts resulting from the change that	27619
obtained the director's approval of an initial or amended plan in	27620
connection with the change, within fourteen days after the	27621
director's completion of the required actions, shall notify by	27622
certified mail the owner or operator of each solid waste disposal	27623
facility that is required to collect the district's fees that the	27624
change is to take effect on the first day of January immediately	27625
following the issuance of the notice and of the amount of the fees	27626
or amended fees levied under divisions (B)(1) to (3) of this	27627
section pursuant to the district's initial or amended plan as so	27628
approved or, if appropriate, the abolishment of the district's	27629
fees by that initial or amended plan. Collection of any fees set	27630
forth in such a plan or amended plan shall commence on the first	27631
day of January immediately following the issuance of the notice.	27632
If such an initial or amended plan abolishes a schedule of fees,	27633
collection of the fees shall cease on that first day of January.	27634

If, in the case of a change in district composition involving	27635
the withdrawal of a county from a joint district, the director	27636
completes the actions required under division (G)(1) or (3) of	27637
section 3734.521 of the Revised Code, as appropriate, less than	27638
forty-five days before the beginning of a calendar year, the	27639
director, on behalf of each of the districts resulting from the	27640
change that obtained the director's approval of an initial or	27641
amended plan in connection with the change proceedings, shall	27642
notify by certified mail the owner or operator of each solid waste	27643
disposal facility that is required to collect the district's fees	27644
that the change is to take effect on the first day of January	27645
immediately following the mailing of the notice and of the amount	27646
of the fees or amended fees levied under divisions (B)(1) to (3)	27647
of this section pursuant to the district's initial or amended plan	27648
as so approved or, if appropriate, the abolishment of the	27649
district's fees by that initial or amended plan. Collection of	27650
any fees set forth in such a plan or amended plan shall commence	27651
on the first day of the second month following the month in which	27652
notification is sent to the owner or operator. If such an initial	27653
or amended plan abolishes a schedule of fees, collection of the	27654
fees shall cease on the first day of the second month following	27655
the month in which notification is sent to the owner or operator.	27656

In the case of a change in district composition, the schedule	27657
of fees that the former districts that existed prior to the change	27658
were levying under divisions (B)(1) to (3) of this section	27659
pursuant to a resolution or amended resolution adopted and	27660
ratified under this division, the solid waste management plan of a	27661
former district approved under section 3734.521 or 3734.55 of the	27662
Revised Code, an amended plan approved under section 3734.521 or	27663
division (A) or (D) of section 3734.56 of the Revised Code, or an	27664
amendment to a former district's approved plan or amended plan	27665
under division (E) of section 3734.56 of the Revised Code, and	27666
that were in effect on the date that the director completed the	27667
actions required under division (G)(1) or (3) of section 3734.521	27668
of the Revised Code shall continue to be collected until the	27669
collection of the fees or amended fees of the districts resulting	27670
from the change is required to commence, or if an initial or	27671
amended plan of a resulting district abolishes a schedule of fees,	27672
collection of the fees is required to cease, under this division.	27673
Moneys so received from the collection of the fees of the former	27674
districts shall be divided among the resulting districts in	27675
accordance with division (B) of section 343.012 of the Revised	27676
Code and the agreements entered into under division (B) of section	27677
343.01 of the Revised Code to establish the former and resulting	27678
districts and any amendments to those agreements.	27679

For the purposes of the provisions of division (B) of this	27680
section establishing the times when newly established or amended	27681
fees levied by a district are required to commence and the	27682
collection of fees that have been amended or abolished is required	27683
to cease, "fees" or "schedule of fees" includes, in addition to	27684
fees levied under divisions (B)(1) to (3) of this section, those	27685
levied under section 3734.573 or 3734.574 of the Revised Code.	27686

(C) For the purposes of defraying the added costs to a	27687
municipal corporation or township of maintaining roads and other	27688
public facilities and of providing emergency and other public	27689
services, and compensating a municipal corporation or township for	27690
reductions in real property tax revenues due to reductions in real	27691
property valuations resulting from the location and operation of a	27692
solid waste disposal facility within the municipal corporation or	27693
township, a municipal corporation or township in which such a	27694
solid waste disposal facility is located may levy a fee of not	27695
more than twenty-five cents per ton on the disposal of solid	27696
wastes at a solid waste disposal facility located within the	27697
boundaries of the municipal corporation or township regardless of	27698
where the wastes were generated.	27699

The legislative authority of a municipal corporation or	27700
township may levy fees under this division by enacting an	27701
ordinance or adopting a resolution establishing the amount of the	27702
fees. Upon so doing the legislative authority shall mail a	27703
certified copy of the ordinance or resolution to the board of	27704
county commissioners or directors of the county or joint solid	27705
waste management district in which the municipal corporation or	27706
township is located or, if a regional solid waste management	27707
authority has been formed under section 343.011 of the Revised	27708
Code, to the board of trustees of that regional authority, the	27709
owner or operator of each solid waste disposal facility in the	27710
municipal corporation or township that is required to collect the	27711
fee by the ordinance or resolution, and the director of	27712
environmental protection. Although the fees levied under this	27713
division are levied on the basis of tons as the unit of	27714
measurement, the legislative authority, in its ordinance or	27715
resolution levying the fees under this division, may direct that	27716
the fees be levied on the basis of cubic yards as the unit of	27717
measurement based upon a conversion factor of three cubic yards	27718
per ton generally or one cubic yard per ton for baled wastes.	27719

Not later than five days after enacting an ordinance or	27720
adopting a resolution under this division, the legislative	27721
authority shall so notify by certified mail the owner or operator	27722
of each solid waste disposal facility that is required to collect	27723
the fee. Collection of any fee levied on or after March 24, 1992,	27724
shall commence on the first day of the second month following the	27725
month in which notification is sent to the owner or operator.	27726

(D)(1) The fees levied under divisions (A), (B), and (C) of	27727
this section do not apply to the disposal of solid wastes that:	27728

(a) Are disposed of at a facility owned by the generator of	27729
the wastes when the solid waste facility exclusively disposes of	27730
solid wastes generated at one or more premises owned by the	27731
generator regardless of whether the facility is located on a	27732
premises where the wastes are generated;	27733

(b) Are disposed of at facilities that exclusively dispose	27734
of wastes that are generated from the combustion of coal, or from	27735
the combustion of primarily coal in combination with scrap tires,	27736
that is not combined in any way with garbage at one or more	27737
premises owned by the generator.	27738

(2) Except as provided in section 3734.571 of the Revised	27739
Code, any fees levied under division (B)(1) of this section apply	27740
to solid wastes originating outside the boundaries of a county or	27741
joint district that are covered by an agreement for the joint use	27742
of solid waste facilities entered into under section 343.02 of the	27743
Revised Code by the board of county commissioners or board of	27744
directors of the county or joint district where the wastes are	27745
generated and disposed of.	27746

(3) When solid wastes, other than solid wastes that consist	27747
of scrap tires, are burned in a disposal facility that is an	27748
incinerator or energy recovery facility, the fees levied under	27749
divisions (A), (B), and (C) of this section shall be levied upon	27750
the disposal of the fly ash and bottom ash remaining after burning	27751
of the solid wastes and shall be collected by the owner or	27752
operator of the sanitary landfill where the ash is disposed of.	27753

(4) When solid wastes are delivered to a solid waste	27754
transfer facility, the fees levied under divisions (A), (B), and	27755
(C) of this section shall be levied upon the disposal of solid	27756
wastes transported off the premises of the transfer facility for	27757
disposal and shall be collected by the owner or operator of the	27758
solid waste disposal facility where the wastes are disposed of.	27759

(5) The fees levied under divisions (A), (B), and (C) of	27760
this section do not apply to sewage sludge that is generated by a	27761
waste water treatment facility holding a national pollutant	27762
discharge elimination system permit and that is disposed of	27763
through incineration, land application, or composting or at	27764
another resource recovery or disposal facility that is not a	27765
landfill.	27766

(6) The fees levied under divisions (A), (B), and (C) of	27767
this section do not apply to solid wastes delivered to a solid	27768
waste composting facility for processing. When any unprocessed	27769
solid waste or compost product is transported off the premises of	27770
a composting facility and disposed of at a landfill, the fees	27771
levied under divisions (A), (B), and (C) of this section shall be	27772
collected by the owner or operator of the landfill where the	27773
unprocessed waste or compost product is disposed of.	27774

(7) When solid wastes that consist of scrap tires are	27775
processed at a scrap tire recovery facility, the fees levied under	27776
divisions (A), (B), and (C) of this section shall be levied upon	27777
the disposal of the fly ash and bottom ash or other solid wastes	27778
remaining after the processing of the scrap tires and shall be	27779
collected by the owner or operator of the solid waste disposal	27780
facility where the ash or other solid wastes are disposed of.	27781

(E) The fees levied under divisions (B) and (C) of this	27782
section shall be collected by the owner or operator of the solid	27783
waste disposal facility where the wastes are disposed of as a	27784
trustee for the county or joint district and municipal corporation	27785
or township where the wastes are disposed of. Moneys from the	27786
fees levied under division (B) of this section shall be forwarded	27787
to the board of county commissioners or board of directors of the	27788
district in accordance with rules adopted under division (H) of	27789
this section. Moneys from the fees levied under division (C) of	27790
this section shall be forwarded to the treasurer or such other	27791
officer of the municipal corporation as, by virtue of the charter,	27792
has the duties of the treasurer or to the clerk of the township,	27793
as appropriate, in accordance with those rules.	27794

(F) Moneys received by the treasurer or such other officer	27795
of the municipal corporation under division (E) of this section	27796
shall be paid into the general fund of the municipal corporation.	27797
Moneys received by the clerk of the township under that division	27798
shall be paid into the general fund of the township. The	27799
treasurer or such other officer of the municipal corporation or	27800
the clerk, as appropriate, shall maintain separate records of the	27801
moneys received from the fees levied under division (C) of this	27802
section.	27803

(G) Moneys received by the board of county commissioners or	27804
board of directors under division (E) of this section or section	27805
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	27806
shall be paid to the county treasurer, or other official acting in	27807
a similar capacity under a county charter, in a county district or	27808
to the county treasurer or other official designated by the board	27809
of directors in a joint district and kept in a separate and	27810
distinct fund to the credit of the district. If a regional solid	27811
waste management authority has been formed under section 343.011	27812
of the Revised Code, moneys received by the board of trustees of	27813
that regional authority under division (E) of this section shall	27814
be kept by the board in a separate and distinct fund to the credit	27815
of the district. Moneys in the special fund of the county or	27816
joint district arising from the fees levied under division (B) of	27817
this section and the fee levied under division (A) of section	27818
3734.573 of the Revised Code shall be expended by the board of	27819
county commissioners or directors of the district in accordance	27820
with the district's solid waste management plan or amended plan	27821
approved under section 3734.521, 3734.55, or 3734.56 of the	27822
Revised Code exclusively for the following purposes:	27823

(1) Preparation of the solid waste management plan of the	27824
district under section 3734.54 of the Revised Code, monitoring	27825
implementation of the plan, and conducting the periodic review and	27826
amendment of the plan required by section 3734.56 of the Revised	27827
Code by the solid waste management policy committee;	27828

(2) Implementation of the approved solid waste management	27829
plan or amended plan of the district, including, without	27830
limitation, the development and implementation of solid waste	27831
recycling or reduction programs;	27832

(3) Providing financial assistance to boards of health	27833
within the district, if solid waste facilities are located within	27834
the district, for enforcement of this chapter and rules, orders,	27835
and terms and conditions of permits, licenses, and variances	27836
adopted or issued under it, other than the hazardous waste	27837
provisions of this chapter and rules adopted and orders and terms	27838
and conditions of permits issued under those provisions;	27839

(4) Providing financial assistance to each county within the	27840
district to defray the added costs of maintaining roads and other	27841
public facilities and of providing emergency and other public	27842
services resulting from the location and operation of a solid	27843
waste facility within the county under the district's approved	27844
solid waste management plan or amended plan;	27845

(5) Pursuant to contracts entered into with boards of health	27846
within the district, if solid waste facilities contained in the	27847
district's approved plan or amended plan are located within the	27848
district, for paying the costs incurred by those boards of health	27849
for collecting and analyzing samples from public or private water	27850
wells on lands adjacent to those facilities;	27851

(6) Developing and implementing a program for the inspection	27852
of solid wastes generated outside the boundaries of this state	27853
that are disposed of at solid waste facilities included in the	27854
district's approved solid waste management plan or amended plan;	27855

(7) Providing financial assistance to boards of health	27856
within the district for the enforcement of section 3734.03 of the	27857
Revised Code or to local law enforcement agencies having	27858
jurisdiction within the district for enforcing anti-littering laws	27859
and ordinances;	27860

(8) Providing financial assistance to boards of health of	27861
health districts within the district that are on the approved list	27862
under section 3734.08 of the Revised Code to defray the costs to	27863
the health districts for the participation of their employees	27864
responsible for enforcement of the solid waste provisions of this	27865
chapter and rules adopted and orders and terms and conditions of	27866
permits, licenses, and variances issued under those provisions in	27867
the training and certification program as required by rules	27868
adopted under division (L) of section 3734.02 of the Revised Code;	27869

(9) Providing financial assistance to individual municipal	27870
corporations and townships within the district to defray their	27871
added costs of maintaining roads and other public facilities and	27872
of providing emergency and other public services resulting from	27873
the location and operation within their boundaries of a	27874
composting, energy or resource recovery, incineration, or	27875
recycling facility that either is owned by the district or is	27876
furnishing solid waste management facility or recycling services	27877
to the district pursuant to a contract or agreement with the board	27878
of county commissioners or directors of the district;	27879

(10) Payment of any expenses that are agreed to, awarded, or	27880
ordered to be paid under section 3734.35 of the Revised Code and	27881
of any administrative costs incurred pursuant to that section. In	27882
the case of a joint solid waste management district, if the board	27883
of county commissioners of one of the counties in the district is	27884
negotiating on behalf of affected communities, as defined in that	27885
section, in that county, the board shall obtain the approval of	27886
the board of directors of the district in order to expend moneys	27887
for administrative costs incurred.	27888

Prior to the approval of the district's solid waste	27889
management plan under section 3734.55 of the Revised Code, moneys	27890
in the special fund of the district arising from the fees shall be	27891
expended for those purposes in the manner prescribed by the solid	27892
waste management policy committee by resolution.	27893

Notwithstanding division (G)(6) of this section as it existed	27894
prior to October 29, 1993, or any provision in a district's solid	27895
waste management plan prepared in accordance with division	27896
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	27897
prior to that date, any moneys arising from the fees levied under	27898
division (B)(3) of this section prior to January 1, 1994, may be	27899
expended for any of the purposes authorized in divisions (G)(1) to	27900
(10) of this section.	27901

(H) The director shall adopt rules in accordance with	27902
Chapter 119. of the Revised Code prescribing procedures for	27903
collecting and forwarding the fees levied under divisions (B) and	27904
(C) of this section to the boards of county commissioners or	27905
directors of county or joint solid waste management districts and	27906
to the treasurers or other officers of municipal corporations or	27907
to the clerks of townships. The rules also shall prescribe the	27908
dates for forwarding the fees to the boards and officials and may	27909
prescribe any other requirements the director considers necessary	27910
or appropriate to implement and administer divisions (A), (B), and	27911
(C) of this section. Collection of the fees levied under division	27912
(A)(1) of this section shall commence on July 1, 1993. Collection	27913
of the fees levied under division (A)(2) of this section shall	27914
commence on January 1, 1994.	27915

Sec. 3734.82.  (A) The annual fee for a scrap tire recovery	27916
facility license issued under section 3734.81 of the Revised Code	27917
shall be in accordance with the following schedule:	27918

For the purpose of determining the applicable license fee	27929
under this division, the daily design input capacity shall be the	27930
quantity of scrap tires the facility is designed to process daily	27931
as set forth in the registration certificate or permit for the	27932
facility, and any modifications to the permit, if applicable,	27933
issued under section 3734.78 of the Revised Code.	27934

(B) The annual fee for a scrap tire monocell or monofill	27935
facility license shall be in accordance with the following	27936
schedule:	27937

For the purpose of determining the applicable license fee	27945
under this division, the authorized maximum daily waste receipt	27946
shall be the maximum amount of scrap tires the facility is	27947
authorized to receive daily that is established in the permit for	27948
the facility, and any modification to that permit, issued under	27949
section 3734.77 of the Revised Code.	27950

(C)(1) Except as otherwise provided in division (C)(2) of	27951
this section, the annual fee for a scrap tire storage facility	27952
license shall equal one thousand dollars times the number of acres	27953
on which scrap tires are to be stored at the facility during the	27954
license year, as set forth on the application for the annual	27955
license, except that the total annual license fee for any such	27956
facility shall not exceed three thousand dollars.	27957

(2) The annual fee for a scrap tire storage facility license	27958
for a storage facility that is owned or operated by a motor	27959
vehicle salvage dealer licensed under Chapter 4738. of the Revised	27960
Code is one hundred dollars.	27961

(D)(1) Except as otherwise provided in division (D)(2) of	27962
this section, the annual fee for a scrap tire collection facility	27963
license is two hundred dollars.	27964

(2) The annual fee for a scrap tire collection facility	27965
license for a collection facility that is owned or operated by a	27966
motor vehicle salvage dealer licensed under Chapter 4738. of the	27967
Revised Code is fifty dollars.	27968

(E) Except as otherwise provided in divisions (C)(2) and	27969
(D)(2) of this section, the same fees apply to private operators	27970
and to the state and its political subdivisions and shall be paid	27971
within thirty days after the issuance of a license. The fees	27972
include the cost of licensing, all inspections, and other costs	27973
associated with the administration of the scrap tire provisions of	27974
this chapter and rules adopted under them. Each license shall	27975
specify that it is conditioned upon payment of the applicable fee	27976
to the board of health or the director of environmental	27977
protection, as appropriate, within thirty days after the issuance	27978
of the license.	27979

(F) The board of health shall retain fifteen thousand	27980
dollars of each license fee collected by the board under division	27981
(B) of this section, or the entire amount of any such fee that is	27982
less than fifteen thousand dollars, and the entire amount of each	27983
license fee collected by the board under divisions (A), (C), and	27984
(D) of this section. The moneys retained shall be paid into a	27985
special fund, which is hereby created in each health district, and	27986
used solely to administer and enforce the scrap tire provisions of	27987
this chapter and rules adopted under them. The remainder, if any,	27988
of each license fee collected by the board under division (B) of	27989
this section shall be transmitted to the director within	27990
forty-five days after receipt of the fee.	27991

(G) The director shall transmit the moneys received by the	27992
director from license fees collected under division (B) of this	27993
section to the treasurer of state to be credited to the scrap tire	27994
management fund, which is hereby created in the state treasury.	27995
The fund shall consist of all federal moneys received by the	27996
environmental protection agency for the scrap tire management	27997
program; all grants, gifts, and contributions made to the director	27998
for that program; and all other moneys that may be provided by law	27999
for that program. The director shall use moneys in the fund as	28000
follows:	28001

(1) Expend not more than seven hundred fifty thousand	28002
dollars during each fiscal year to implement, administer, and	28003
enforce the scrap tire provisions of this chapter and rules	28004
adopted under them;	28005

(2) For fiscal years 1998 and 1999, grant not more than one	28006
hundred fifty thousand dollars during each fiscal year to the	28007
polymer institute at the university of Akron for the purpose of	28008
expediting research concerning and evaluation of alternative	28009
methods of recycling scrap tires. The institute shall report to	28010
the director annually concerning research programs under review,	28011
and the results of scrap tire recycling experiments conducted, by	28012
or in conjunction with the institute. The university shall report	28013
to the director biennially concerning the expenditures of moneys	28014
received by the institute under division (G)(2) of this section.	28015

(3) During each fiscal year, request the director of budget	28016
and management to, and the director of budget and management	28017
shall, transfer one million dollars to the scrap tire loans and	28018
grantsgrant fund created in section 166.0321502.12 of the	28019
Revised Code for the purposes specified in that section;	28020

(4) Annually transfer to the central support indirect fund	28021
created in section 3745.014 of the Revised Code an amount equal to	28022
not more than twelve per cent of each fiscal year's appropriation	28023
to the scrap tire management fund.	28024

(H)(1) If, during a fiscal year, more than three million	28025
five hundred thousand dollars are credited to the scrap tire	28026
management fund, the director, at the conclusion of the fiscal	28027
year, shall request the director of budget and management to, and	28028
the director of budget and management shall, transfer to the scrap	28029
tire loans and grants fund one-half of the moneys credited to the	28030
scrap tire management fund in excess of that amount.	28031

(2) In each fiscal year, if more than three million five	28032
hundred thousand dollars are credited to the scrap tire management	28033
fund during the preceding fiscal year, the director shall expend	28034
during the current fiscal year one-half of that excess amount to	28035
conduct removal operations under section 3734.85 of the Revised	28036
Code.	28037

(3) Expend not more than three million dollars per year	28038
during fiscal years 2002 and 2003 to conduct removal actions under	28039
section 3734.85 of the Revised Code and to make grants to boards	28040
of health under section 3734.042 of the Revised Code. However,	28041
more than three million dollars may be expended in fiscal years	28042
2002 and 2003 for the purposes of division (G)(3) of this section	28043
if more moneys are collected from the fee levied under division	28044
(A)(2) of section 3734.901 of the Revised Code. During each	28045
subsequent fiscal year the director shall expend not more than	28046
four million five hundred thousand dollars to conduct removal	28047
actions under section 3734.85 of the Revised Code and to make	28048
grants to boards of health under section 3734.042 of the Revised	28049
Code. However, more than four million five hundred thousand	28050
dollars may be expended in a fiscal year for the purposes of	28051
division (G)(3) of this section if more moneys are collected from	28052
the fee levied under division (A)(2) of section 3734.901 of the	28053
Revised Code. The director shall request the approval of the	28054
controlling board prior to the use of the moneys to conduct	28055
removal actions under section 3734.85 of the Revised Code. The	28056
request shall be accompanied by a plan describing the removal	28057
actions to be conducted during the fiscal year and an estimate of	28058
the costs of conducting them. The controlling board shall approve	28059
the plan only if it finds that the proposed removal actions are in	28060
accordance with the priorities set forth in division (B) of	28061
section 3734.85 of the Revised Code and that the costs of	28062
conducting them are reasonable. Controlling board approval is not	28063
required for grants made to boards of health under section	28064
3734.042 of the Revised Code.	28065

(H) If, during a fiscal year, more than seven million	28066
dollars are credited to the scrap tire management fund, the	28067
director, at the conclusion of the fiscal year, shall request the	28068
director of budget and management to, and the director of budget	28069
and management shall, transfer one-half of those excess moneys to	28070
the scrap tire grant fund. The director shall expend the	28071
remaining excess moneys in the scrap tire management fund to	28072
conduct removal actions under section 3734.85 of the Revised Code	28073
in accordance with the procedures established under division (I)	28074
of this section.	28075

(I) After the actions in divisions (G)(1) to (4)(3) and (H)	28076
of this section are completed during each prior fiscal year, the	28077
director may expend up to the balance remaining from prior fiscal	28078
years in the scrap tire management fund to conduct removal actions	28079
under section 3734.85 of the Revised Code. Prior to using any	28080
moneys in the fund for that purpose in a fiscal year, the director	28081
shall request the approval of the controlling board for that use	28082
of the moneys. The request shall be accompanied by a plan	28083
describing the removal actions to be conducted during the fiscal	28084
year and an estimate of the costs of conducting them. The	28085
controlling board shall approve the plan only if the board finds	28086
that the proposed removal actions are in accordance with the	28087
priorities set forth in division (B) of section 3734.85 of the	28088
Revised Code and that the costs of conducting them are reasonable.	28089

Sec. 3734.821. Beginning on the effective date of this	28090
section and ending on June 30, 2011, at least sixty-five per cent	28091
of the moneys collected under division (A)(2) of section 3734.901	28092
of the Revised Code and deposited in the state treasury to the	28093
credit of the scrap tire management fund created in section	28094
3734.82 of the Revised Code shall be expended for clean-up and	28095
removal activities at the Kirby tire site in Wyandot county.	28096

Sec. 3734.901.  (A)(1) For the purpose of providing revenue	28097
to defray the cost of administering and enforcing the scrap tire	28098
provisions of this chapter, rules adopted under those provisions,	28099
and terms and conditions of orders, variances, and licenses issued	28100
under those provisions; to abate accumulations of scrap tires; to	28101
make grants to promote research regarding alternative methods of	28102
recycling scrap tires and loans to promote the recycling or	28103
recovery of energy from scrap tires; and to defray the costs of	28104
administering and enforcing sections 3734.90 to 3734.9014 of the	28105
Revised Code, a fee of fifty cents per tire is hereby levied on	28106
the sale of tires. The fee is levied from the first day of the	28107
calendar month that begins next after thirty days from October 29,	28108
1993, through June 30, 2006.	28109

(2) Beginning on the effective date of this section and	28110
ending on June 30, 2011, there is hereby levied an additional fee	28111
of fifty cents per tire on the sale of tires the proceeds of which	28112
shall be deposited in the scrap tire management fund created in	28113
section 3734.82 of the Revised Code and be used exclusively for	28114
the purposes specified in division (G)(3) of that section.	28115

(B) Only one sale of the same article shall be used in	28116
computing the amount of the fee due.	28117

Sec. 3734.904.  (A) By the twentieth day of each month, each	28118
person required to pay the fee imposed by section 3734.901 of the	28119
Revised Code shall file with the treasurer of statetax	28120
commissioner a return as prescribed by the tax commissioner and	28121
shall make payment of the full amount of the fee due for the	28122
preceding month after deduction of any discount provided for under	28123
division (E) of this section. The return shall be signed by the	28124
person required to file it, or an authorized employee, officer, or	28125
agent. The treasurer shall mark on the return the date it was	28126
received and indicate payment or nonpayment of the fee shown to be	28127
due on the return. The treasurer immediately shall transmit all	28128
returns to the tax commissioner. The return shall be deemed filed	28129
when received by the treasurer of statetax commissioner.	28130

(B) Any person required by this section to file a return who	28131
fails to file such a return within the period prescribed may be	28132
required to pay an additional charge of fifty dollars or ten per	28133
cent of the fee required to be paid for the reporting period,	28134
whichever is greater. The commissioner may collect the additional	28135
charge by assessment pursuant to section 3734.907 of the Revised	28136
Code. The commissioner may remit all or a portion of the	28137
additional charge and may adopt rules relating thereto.	28138

(C) If any fee due is not paid timely in accordance with	28139
this section, the person liable for the fee shall pay interest,	28140
calculated at the rate per annum as prescribed by section 5703.47	28141
of the Revised Code, from the date the fee payment was due to the	28142
date of payment or to the date an assessment is issued, whichever	28143
occurs first. Interest shall be paid in the same manner as the	28144
fee, and the commissioner may collect the interest by assessment	28145
pursuant to section 3734.907 of the Revised Code.	28146

(D) If, in the estimation of the tax commissioner, the	28147
average liability of the person liable for the fee is such as not	28148
to merit monthly filing, the commissioner may authorize the person	28149
to file and pay at less frequent intervals. Returns are due by	28150
the twentieth day of the month following the close of the	28151
applicable reporting period authorized under this division.	28152

(E) If a return is filed and the amount of the fee shown to	28153
be due on the return is paid on or before the date that the return	28154
is required to be filed under division (A) of this section or	28155
pursuant to division (D) of this section, whichever is applicable,	28156
the person liable for the fee is entitled to a discount of four	28157
per cent of the amount shown to be due on the return.	28158

(F) All money collected by the tax commissioner under this	28159
section shall be paid to the treasurer of state as revenue arising	28160
from the fee imposed by section 3734.901 of the Revised Code.	28161

Sec. 3735.27.  (A) Whenever the director of development has	28162
determined that there is need for a housing authority in any	28163
portion of any county that comprises two or more political	28164
subdivisions or portions thereof but is less than all the	28165
territory within the county, a metropolitan housing authority	28166
shall be declared to exist and the territorial limits thereof	28167
shall be defined by a letter from the director. The director	28168
shall issue a determination from the department of development	28169
declaring that there is need for a housing authority within such	28170
territorial limits if he findsafter finding either:	28171

(1) Unsanitary or unsafe inhabited housing accommodations	28172
exist in such area;	28173

(2) There is a shortage of safe and sanitary housing	28174
accommodations in such area available to persons who lack the	28175
amount of income which is necessary, as determined by the	28176
director, to enable them, without financial assistance, to live in	28177
decent, safe, and sanitary dwellings without congestion.	28178

In determining whether dwelling accommodations are unsafe or	28179
unsanitary the director may take into consideration the degree of	28180
congestion, the percentage of land coverage, the light, air,	28181
space, and access available to the inhabitants of such dwelling	28182
accommodations, the size and arrangement of the rooms, the	28183
sanitary facilities, and the extent to which conditions exist in	28184
such buildings which endanger life or property by fire or other	28185
causes.	28186

The territorial limits of a housing authority, defined by the	28187
director, shall be fixed for such authority upon proof of a letter	28188
from the director declaring the need for such authority to	28189
function in those territorial limits. Any such letter from the	28190
director, any certificate of determination issued by the director,	28191
and any certificate of appointment of members of the authority	28192
shall be admissible in evidence in any suit, action, or	28193
proceeding.	28194

A certified copy of the letter from the director, declaring	28195
the existence and boundaries of a housing authority district,	28196
shall be immediately forwarded to each appointing authority. A	28197
housing authority shall consist of five members, who shall be	28198
residents of the territory embraced in such metropolitan housing	28199
authority district.	28200

(B) Except as otherwise provided in division (C) of this	28201
section, one member shall be appointed by the probate court, one	28202
member by the court of common pleas, one member by the board of	28203
county commissioners, and two members by the chief executive	28204
officer of the most populous city in the territory included in the	28205
district, in accordance with the last preceding federal census. At	28206
the time of the initial appointment of the authority, the member	28207
appointed by the probate court shall be appointed for a period of	28208
four years, the appointee of the court of common pleas for three	28209
years, the appointee of the board of county commissioners for two	28210
years, one appointee of the chief executive officer for one year	28211
and one appointee of the chief executive officer for five years.	28212
Thereafter, all members of the authority shall be appointed for	28213
five-year terms and vacancies due to expired terms shall be filled	28214
by the same appointing powers.	28215

(C) For any metropolitan housing authority district that	28216
containscontained, as of the 1990 federal census, a population of	28217
at least one million, two members of the authority shall be	28218
appointed by the municipal legislative authority of the most	28219
populous city in the territory included in the district, two	28220
members by the chief executive officer of the most populous city	28221
in the territory included in the district, and one member by the	28222
chief executive officer, with the approval of the municipal	28223
legislative authority, of the city in the district which has the	28224
second highest number of housing units owned or managed by the	28225
authority.	28226

At the time of the initial appointment of the authority, one	28227
member appointed by the municipal legislative authority of the	28228
most populous city in the territory included in the district shall	28229
be appointed for three years, and one for one year; the appointee	28230
of the chief executive officer of the city with the second highest	28231
number of housing units owned or managed by the authority shall be	28232
appointed, with the approval of the municipal legislative	28233
authority, for three years; one appointee of the chief executive	28234
officer of the most populous city in the district shall be	28235
appointed for three years, and one for one year. Thereafter, all	28236
members of the authority shall be appointed for three-year terms,	28237
and any vacancy shall be filled by the same appointing power that	28238
made the initial appointment. At the expiration of the term of	28239
any member appointed by the chief executive officer of the most	28240
populous city in the territory included in the district prior to	28241
March 15, 1983, the chief executive officer of the most populous	28242
city in the district shall fill the vacancy by appointment for a	28243
three-year term. At the expiration of the term of any member	28244
appointed by the board of county commissioners prior to March 15,	28245
1983, the chief executive officer of the city in the district with	28246
the second highest number of housing units owned or managed by the	28247
authority shall, with the approval of the municipal legislative	28248
authority, fill the vacancy by appointment for a three-year term.	28249
At the expiration of the term of any member appointed prior to	28250
March 15, 1983 by the court of common pleas or the probate court,	28251
the legislative authority of the most populous city in the	28252
territory included in the district shall fill the vacancy by	28253
appointment for a three-year term.	28254

After March 15, 1983, at least one of the members appointed	28255
by the chief executive officer of the most populous city shall be	28256
a resident of a dwelling unit owned or managed by the housing	28257
authority. At least one of the initial appointments by the chief	28258
executive officer of the most populous city, after March 15, 1983,	28259
shall be a resident of a dwelling unit owned or managed by the	28260
housing authority. Thereafter, any member appointed by the chief	28261
executive officer for the term established by this initial	28262
appointment, or for any succeeding term thereof, shall be a person	28263
who resides in a dwelling unit owned or managed by the housing	28264
authority. If there is an elected, representative body of all	28265
residents of the housing authority, then the chief executive	28266
officer shall, whenever there is a vacancy in this resident term,	28267
provide written notice of the vacancy to the representative body.	28268
If the representative body submits to the chief executive officer,	28269
in writing and within sixty days after the date on which it was	28270
notified of the vacancy, the names of at least five residents of	28271
the housing authority who are willing and qualified to serve as a	28272
member, then the chief executive officer shall appoint to the	28273
resident term one of the residents recommended by the	28274
representative body. At no time shall residents constitute a	28275
majority of the members of the authority.	28276

(D) Public officials, other than the officers having the	28277
appointing power under this section, shall be eligible to serve as	28278
members, officers, or employees of the housing authority	28279
notwithstanding any statute, charter, or law to the contrary. Not	28280
more than two such public officials shall be members of the	28281
authority at any one time.	28282

All members of such housing authority shall serve without	28283
compensation but shall be entitled to be reimbursed for all	28284
necessary expenses incurred. After such district has been formed,	28285
the director may enlarge the territory within such district to	28286
include other political subdivisions, or portions thereof, but the	28287
territorial limits of which shall be less than that of the county.	28288

Sec. 3745.014.  There is hereby created in the state treasury	28289
the central support indirect fund, which shall be administered by	28290
the director of environmental protection. Money credited to the	28291
fund shall be used for administrative costs of the environmental	28292
protection agency that are related to expenditures by the agency	28293
from funds of the general services fund group and the state	28294
special revenue fund group. The director may assess any operating	28295
funds offrom which the agency within the general services fund	28296
group or the state special revenue fund groupreceives	28297
appropriations, except the central support indirect fund, for a	28298
share of the administrative costs of the agency. The assessments	28299
shall be paid from the general services funds and state special	28300
revenue funds designated by the director andamounts assessed	28301
shall be transferred to the central support indirect fund by means	28302
of intrastate transfer vouchers. The director, with the approval	28303
of the director of budget and management, shall determine the rate	28304
of assessments, which shall not exceed twelve per cent of the	28305
total fiscal year appropriation from any such fund for the fiscal	28306
year unless the controlling board approves a request from the	28307
director for a higher rate.	28308

Sec. 3745.04.  As used in this section, "any person" means	28309
any individual, any partnership, corporation, association, or	28310
other legal entity, or any political subdivision, instrumentality,	28311
or agency of a state, whether or not the individual or legal	28312
entity is an applicant for or holder of a license, permit, or	28313
variance from the environmental protection agency, and includes	28314
any department, agency, or instrumentality of the federal	28315
government that is an applicant for or holder of a license,	28316
permit, or variance from the environmental protection agency.	28317

As used in this section, "action" or "act" includes the	28318
adoption, modification, or repeal of a rule or standard, the	28319
issuance, modification, or revocation of any lawful order other	28320
than an emergency order, and the issuance, denial, modification,	28321
or revocation of a license, permit, lease, variance, or	28322
certificate, or the approval or disapproval of plans and	28323
specifications pursuant to law or rules adopted thereunder.	28324

Any person who was a party to a proceeding before the	28325
director of environmental protection may participate in an appeal	28326
to the environmental review appeals commission for an order	28327
vacating or modifying the action of the director of environmental	28328
protection or a local board of health, or ordering the director or	28329
board of health to perform an act. The environmental review	28330
appeals commission has exclusive original jurisdiction over any	28331
matter that may, under this section, be brought before it.	28332

The person so appealing to the commission shall be known as	28333
appellant, and the director and any party to a proceeding	28334
substantially supporting the finding from which the appeal is	28335
taken shall be known as appellee, except that when an appeal	28336
involves a license to operate a disposal site or facility, the	28337
local board of health or the director of environmental protection,	28338
and any party to a proceeding substantially supporting the finding	28339
from which the appeal is taken, shall, as appropriate, be known as	28340
the appellee. Appellant and appellee shall be deemed to be	28341
parties to the appeal.	28342

The appeal shall be in writing and shall set forth the action	28343
complained of and the grounds upon which the appeal is based.	28344

The appeal shall be filed with the commission within thirty	28345
days after notice of the action. Notice of the filing of the	28346
appeal shall be filed with the appellee within three days after	28347
the appeal is filed with the commission.	28348

The appeal shall be accompanied by a filing fee of forty	28349
sixty dollars, which the commission, in its discretion, may waive	28350
in cases of extreme hardship.	28351

Within seven days after receipt of the notice of appeal, the	28352
director or local board of health shall prepare and certify to the	28353
commission a record of the proceedings out of which the appeal	28354
arises, including all documents and correspondence, and a	28355
transcript of all testimony.	28356

Upon the filing of the appeal, the commission shall fix the	28357
time and place at which the hearing on the appeal will be held.	28358
The commission shall give the appellant and the appellee at least	28359
ten days' written notice thereof by certified mail. The	28360
commission shall hold the hearing within thirty days after the	28361
notice of appeal is filed. The commission may postpone or	28362
continue any hearing upon its own motion or upon application of	28363
the appellant or of the appellee.	28364

The filing of an appeal does not automatically suspend or	28365
stay execution of the action appealed from. Upon application by	28366
the appellant, the commission may suspend or stay suchthe	28367
execution pending immediate determination of the appeal without	28368
interruption by continuances, other than for unavoidable	28369
circumstances.	28370

As used in this section and sections 3745.05 and 3745.06 of	28371
the Revised Code, "director of environmental protection" and	28372
"director" are deemed to include the director of agriculture and	28373
"environmental protection agency" is deemed to include the	28374
department of agriculture with respect to actions that are	28375
appealable to the commission under Chapter 903. of the Revised	28376
Code.	28377

Sec. 3745.10. (A) Not later than ten business days after	28378
receipt of an application for a permit to install, or a	28379
modification of such a permit, under rules adopted under division	28380
(F) of section 3704.03 of the Revised Code or for the approval of	28381
plans under section 6111.44, 6111.45, or 6111.46 of the Revised	28382
Code, the director of environmental protection shall send to the	28383
applicant written acknowledgement of receipt of the application.	28384
The written acknowledgement shall contain a completeness	28385
determination indicating either that the application contains all	28386
of the information that is necessary to perform a technical	28387
review or that the application is incomplete. If the application	28388
is incomplete, the written acknowledgement also shall provide a	28389
description of the information that is missing from the	28390
application.	28391

(B) If the director fails to make the completeness	28392
determination and provide written notice of that determination not	28393
later than ten business days after receipt of the application, the	28394
application shall be deemed to be complete in all material	28395
respects as of the eleventh business day after receipt of the	28396
application by the director or the director's agent or authorized	28397
representative.	28398

Sec. 3745.11.  (A) Applicants for and holders of permits,	28399
licenses, variances, plan approvals, and certifications issued by	28400
the director of environmental protection pursuant to Chapters	28401
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	28402
to the environmental protection agency for each such issuance and	28403
each application for an issuance as provided by this section. No	28404
fee shall be charged for any issuance for which no application has	28405
been submitted to the director.	28406

(B) Prior to January 1, 1994, each person issued a permit to	28407
operate, variance, or permit to install under section 3704.03 of	28408
the Revised Code shall pay the fees specified in the following	28409
schedule:	28410

(1) Fuel-Burning Equipment

28411

Any fuel-burning equipment using only natural gas, propane,	28420
liquefied petroleum gas, or number two or lighter fuel oil shall	28421
be assessed a fee one-half of that shown.	28422

(2) Incinerators

28423

(3) Process

28432

In any process where process weight rate cannot be	28441
ascertained, the minimum fee shall be assessed.	28442

(4) Storage tanks

28443

(5) Gasoline

28455

(6) Dry cleaning

28461

(7) Coal mining operations regulated under Chapter 1513. of	28467
the Revised Code shall be assessed a fee of two hundred fifty	28468
dollars per mine or location.	28469

(C)(1) Except as otherwise provided in division (C)(2) of	28470
this section, beginning July 1, 1994, each person who owns or	28471
operates an air contaminant source and who is required to apply	28472
for and obtain a Title V permit under section 3704.036 of the	28473
Revised Code shall pay the fees set forth in division (C)(1) of	28474
this section. For the purposes of that division, total emissions	28475
of air contaminants may be calculated using engineering	28476
calculations, emissions factors, material balance calculations, or	28477
performance testing procedures, as authorized by the director.	28478

The following fees shall be assessed on the total actual	28479
emissions from a source in tons per year of the regulated	28480
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	28481
organic compounds, and lead:	28482

(a) Fifteen dollars per ton on the total actual emissions of	28483
each such regulated pollutant during the period July through	28484
December 1993, to be collected no sooner than July 1, 1994;	28485

(b) Twenty dollars per ton on the total actual emissions of	28486
each such regulated pollutant during calendar year 1994, to be	28487
collected no sooner than April 15, 1995;	28488

(c) Twenty-five dollars per ton on the total actual	28489
emissions of each such regulated pollutant in calendar year 1995,	28490
and each subsequent calendar year, to be collected no sooner than	28491
the fifteenth day of April of the year next succeeding the	28492
calendar year in which the emissions occurred.	28493

The fees levied under division (C)(1) of this section do not	28494
apply to that portion of the emissions of a regulated pollutant at	28495
a facility that exceed four thousand tons during a calendar year.	28496

(2) The fees assessed under division (C)(1) of this section	28497
are for the purpose of providing funding for the Title V permit	28498
program.	28499

(3) The fees assessed under division (C)(1) of this section	28500
do not apply to emissions from any electric generating unit	28501
designated as a Phase I unit under Title IV of the federal Clean	28502
Air Act prior to calendar year 2000. Those fees shall be assessed	28503
on the emissions from such a generating unit commencing in	28504
calendar year 2001 based upon the total actual emissions from the	28505
generating unit during calendar year 2000 and shall continue to be	28506
assessed each subsequent calendar year based on the total actual	28507
emissions from the generating unit during the preceding calendar	28508
year.	28509

(4) The director shall issue invoices to owners or operators	28510
of air contaminant sources who are required to pay a fee assessed	28511
under division (C) or (D) of this section. Any such invoice shall	28512
be issued no sooner than the applicable date when the fee first	28513
may be collected in a year under the applicable division, shall	28514
identify the nature and amount of the fee assessed, and shall	28515
indicate that the fee is required to be paid within thirty days	28516
after the issuance of the invoice.	28517

(D)(1) Except as provided in division (D)(2) of this	28518
section, beginning January 1, 1994, each person who owns or	28519
operates an air contaminant source; who is required to apply for a	28520
permit to operate pursuant to rules adopted under division (G), or	28521
a variance pursuant to division (H), of section 3704.03 of the	28522
Revised Code; and who is not required to apply for and obtain a	28523
Title V permit under section 3704.036 of the Revised Code shall	28524
pay a single fee based upon the sum of the actual annual emissions	28525
from the facility of the regulated pollutants particulate matter,	28526
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	28527
accordance with the following schedule:	28528

(2)(a) As used in division (D) of this section, "synthetic	28535
minor facility" means a facility for which one or more permits to	28536
install or permits to operate have been issued for the air	28537
contaminant sources at the facility that include terms and	28538
conditions that lower the facility's potential to emit air	28539
contaminants below the major source thresholds established in	28540
rules adopted under section 3704.036 of the Revised Code.	28541

(b) Beginning January 1, 2000, through June 30, 20012004,	28542
each person who owns or operates a synthetic minor facility shall	28543
pay an annual fee based on the sum of the actual annual emissions	28544
from the facility of particulate matter, sulfur dioxide, nitrogen	28545
dioxide, organic compounds, and lead in accordance with the	28546
following schedule:	28547

(3) The fees assessed under division (D)(1) of this section	28562
shall be collected annually no sooner than the fifteenth day of	28563
April, commencing in 1995. The fees assessed under division	28564
(D)(2) of this section shall be collected no sooner than the	28565
fifteenth day of April, commencing in 2000, and shall continue	28566
through June 30, 2001. The fees assessed under division (D) of	28567
this section in a calendar year shall be based upon the sum of the	28568
actual emissions of those regulated pollutants during the	28569
preceding calendar year. For the purpose of division (D) of this	28570
section, emissions of air contaminants may be calculated using	28571
engineering calculations, emission factors, material balance	28572
calculations, or performance testing procedures, as authorized by	28573
the director. The director, by rule, may require persons who are	28574
required to pay the fees assessed under division (D) of this	28575
section to pay those fees biennially rather than annually.	28576

(E)(1) Consistent with the need to cover the reasonable	28577
costs of the Title V permit program, the director annually shall	28578
increase the fees prescribed in division (C)(1) of this section by	28579
the percentage, if any, by which the consumer price index for the	28580
most recent calendar year ending before the beginning of a year	28581
exceeds the consumer price index for calendar year 1989. Upon	28582
calculating an increase in fees authorized by division (E)(1) of	28583
this section, the director shall compile revised fee schedules for	28584
the purposes of division (C)(1) of this section and shall make the	28585
revised schedules available to persons required to pay the fees	28586
assessed under that division and to the public.	28587

(2) For the purposes of division (E)(1) of this section:

28588

(a) The consumer price index for any year is the average of	28589
the consumer price index for all urban consumers published by the	28590
United States department of labor as of the close of the	28591
twelve-month period ending on the thirty-first day of August of	28592
that year;.	28593

(b) If the 1989 consumer price index is revised, the	28594
director shall use the revision of the consumer price index that	28595
is most consistent with that for calendar year 1989.	28596

(F) Each person who is issued a permit to install pursuant	28597
to rules adopted under division (F) of section 3704.03 of the	28598
Revised Code on or after January 1, 1994, shall pay the fees	28599
specified in the following schedules:	28600

(1) Fuel-burning equipment (boilers)

28601

Units burning exclusively natural gas, number two fuel oil,	28611
or both shall be assessed a fee that is one-half the applicable	28612
amount shown in division (F)(1) of this section.	28613

(2) Incinerators

28614

(3)(a) Process

28621

In any process where process weight rate cannot be	28628
ascertained, the minimum fee shall be assessed.	28629

(b) Notwithstanding division (F)(3)(a) of this section, any	28630
person issued a permit to install pursuant to rules adopted under	28631
division (F) of section 3704.03 of the Revised Code shall pay the	28632
fees set forth in division (F)(3)(c) of this section for a process	28633
used in any of the following industries, as identified by the	28634
applicable four-digit standard industrial classification code	28635
according to the Standard Industrial Classification Manual	28636
published by the United States office of management and budget in	28637
the executive office of the president, 1972, as revised:	28638

1211 Bituminous coal and lignite mining;

28639

1213 Bituminous coal and lignite mining services;

28640

1411 Dimension stone;

28641

1422 Crushed and broken limestone;

28642

1427 Crushed and broken stone, not elsewhere classified;

28643

1442 Construction sand and gravel;

28644

1446 Industrial sand;

28645

3281 Cut stone and stone products;

28646

3295 Minerals and earth, ground or otherwise treated.

28647

(c) The fees set forth in the following schedule apply to	28648
the issuance of a permit to install pursuant to rules adopted	28649
under division (F) of section 3704.03 of the Revised Code for a	28650
process identified in division (F)(3)(b) of this section:	28651

(4) Storage tanks

28661

(5) Gasoline/fuel dispensing facilities

28670

(6) Dry cleaning facilities

28673

(7) Registration status

28677

(G) An owner or operator who is responsible for an asbestos	28680
demolition or renovation project pursuant to rules adopted under	28681
section 3704.03 of the Revised Code shall pay the fees set forth	28682
in the following schedule:	28683

For purposes of this division, "unit" means any combination of	28688
linear feet or square feet equal to fifty.	28689

(H) A person who is issued an extension of time for a permit	28690
to install an air contaminant source pursuant to rules adopted	28691
under division (F) of section 3704.03 of the Revised Code shall	28692
pay a fee equal to one-half the fee originally assessed for the	28693
permit to install under this section, except that the fee for such	28694
an extension shall not exceed two hundred dollars.	28695

(I) A person who is issued a modification to a permit to	28696
install an air contaminant source pursuant to rules adopted under	28697
section 3704.03 of the Revised Code shall pay a fee equal to	28698
one-half of the fee that would be assessed under this section to	28699
obtain a permit to install the source. The fee assessed by this	28700
division only applies to modifications that are initiated by the	28701
owner or operator of the source and shall not exceed two thousand	28702
dollars.	28703

(J) Notwithstanding division (B) or (F) of this section, a	28704
person who applies for or obtains a permit to install pursuant to	28705
rules adopted under division (F) of section 3704.03 of the Revised	28706
Code after the date actual construction of the source began shall	28707
pay a fee for the permit to install that is equal to twice the fee	28708
that otherwise would be assessed under the applicable division	28709
unless the applicant received authorization to begin construction	28710
under division (W) of section 3704.03 of the Revised Code. This	28711
division only applies to sources for which actual construction of	28712
the source begins on or after July 1, 1993. The imposition or	28713
payment of the fee established in this division does not preclude	28714
the director from taking any administrative or judicial	28715
enforcement action under this chapter, Chapter 3704., 3714.,	28716
3734., or 6111. of the Revised Code, or a rule adopted under any	28717
of them, in connection with a violation of rules adopted under	28718
division (F) of section 3704.03 of the Revised Code.	28719

As used in this division, "actual construction of the source"	28720
means the initiation of physical on-site construction activities	28721
in connection with improvements to the source that are permanent	28722
in nature, including, without limitation, the installation of	28723
building supports and foundations and the laying of underground	28724
pipework.	28725

(K) Fifty cents per ton of each fee assessed under division	28726
(C) of this section on actual emissions from a source and received	28727
by the environmental protection agency pursuant to that division	28728
shall be deposited into the state treasury to the credit of the	28729
small business assistance fund created in section 3706.19 of the	28730
Revised Code. The remainder of the moneys received by the	28731
division pursuant to that division and moneys received by the	28732
agency pursuant to divisions (D), (F), (G), (H), (I), and (J) of	28733
this section shall be deposited in the state treasury to the	28734
credit of the clean air fund created in section 3704.035 of the	28735
Revised Code.	28736

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	28737
or (c) of this section, a person issued a water discharge permit	28738
or renewal of a water discharge permit pursuant to Chapter 6111.	28739
of the Revised Code shall pay a fee based on each point source to	28740
which the issuance is applicable in accordance with the following	28741
schedule:	28742

(b) Notwithstanding the fee schedule specified in division	28750
(L)(1)(a) of this section, the fee for a water discharge permit	28751
that is applicable to coal mining operations regulated under	28752
Chapter 1513. of the Revised Code shall be two hundred fifty	28753
dollars per mine.	28754

(c) Notwithstanding the fee schedule specified in division	28755
(L)(1)(a) of this section, the fee for a water discharge permit	28756
for a public discharger identified by I in the third character of	28757
the permittee's NPDES permit number shall not exceed seven hundred	28758
fifty dollars.	28759

(2) A person applying for a plan approval for a wastewater	28760
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	28761
of the Revised Code shall pay a fee of one hundred dollars plus	28762
sixty-five one-hundredths of one per cent of the estimated project	28763
cost through June 30, 20022004, and one hundred dollars plus	28764
two-tenths of one per cent of the estimated project cost on and	28765
after July 1, 20022004, except that the total fee shall not	28766
exceed fifteen thousand dollars through June 30, 20022004, and	28767
five thousand dollars on and after July 1, 20022004. The fee	28768
shall be paid at the time the application is submitted.	28769

(3) A person issued a modification of a water discharge	28770
permit shall pay a fee equal to one-half the fee that otherwise	28771
would be charged for a water discharge permit, except that the fee	28772
for the modification shall not exceed four hundred dollars.	28773

(4) A person who has entered into an agreement with the	28774
director under section 6111.14 of the Revised Code shall pay an	28775
administrative service fee for each plan submitted under that	28776
section for approval that shall not exceed the minimum amount	28777
necessary to pay administrative costs directly attributable to	28778
processing plan approvals. The director annually shall calculate	28779
the fee and shall notify all persons who have entered into	28780
agreements under that section, or who have applied for agreements,	28781
of the amount of the fee.	28782

(5)(a)(i) Not later than January 30, 20002002, and January	28783
30, 20012003, a person holding an NPDES discharge permit issued	28784
pursuant to Chapter 6111. of the Revised Code with an average	28785
daily discharge flow of five thousand gallons or more shall pay a	28786
nonrefundable annual discharge fee. Any person who fails to pay	28787
the fee at that time shall pay an additional amount that equals	28788
ten per cent of the required annual discharge fee.	28789

(ii) The billing year for the annual discharge fee	28790
established in division (L)(5)(a)(i) of this section shall consist	28791
of a twelve-month period beginning on the first day of January of	28792
the year preceding the date when the annual discharge fee is due.	28793
In the case of an existing source that permanently ceases to	28794
discharge during a billing year, the director shall reduce the	28795
annual discharge fee, including the surcharge applicable to	28796
certain industrial facilities pursuant to division (L)(5)(c) of	28797
this section, by one-twelfth for each full month during the	28798
billing year that the source was not discharging, but only if the	28799
person holding the NPDES discharge permit for the source notifies	28800
the director in writing, not later than the first day of October	28801
of the billing year, of the circumstances causing the cessation of	28802
discharge.	28803

(iii) The annual discharge fee established in division	28804
(L)(5)(a)(i) of this section, except for the surcharge applicable	28805
to certain industrial facilities pursuant to division (L)(5)(c) of	28806
this section, shall be based upon the average daily discharge flow	28807
in gallons per day calculated using first day of May through	28808
thirty-first day of October flow data for the period two years	28809
prior to the date on which the fee is due. In the case of NPDES	28810
discharge permits for new sources, the fee shall be calculated	28811
using the average daily design flow of the facility until actual	28812
average daily discharge flow values are available for the time	28813
period specified in division (L)(5)(a)(iii) of this section. The	28814
annual discharge fee may be prorated for a new source as described	28815
in division (L)(5)(a)(ii) of this section.	28816

(b) An NPDES permit holder that is a public discharger shall	28817
pay the fee specified in the following schedule:	28818

Public dischargers owning or operating two or more publicly	28833
owned treatment works serving the same political subdivision, as	28834
"treatment works" is defined in section 6111.01 of the Revised	28835
Code, and that serve exclusively political subdivisions having a	28836
population of fewer than one hundred thousand shall pay an annual	28837
discharge fee under division (L)(5)(b) of this section that is	28838
based on the combined average daily discharge flow of the	28839
treatment works.	28840

(C)(c) An NPDES permit holder that is an industrial	28841
discharger, other than a coal mining operator identified by P in	28842
the third character of the permittee's NPDES permit number, shall	28843
pay the fee specified in the following schedule:	28844

In addition to the fee specified in the above schedule, an	28858
NPDES permit holder that is an industrial discharger classified as	28859
a major discharger during all or part of the annual discharge fee	28860
billing year specified in division (L)(5)(a)(ii) of this section	28861
shall pay a nonrefundable annual surcharge of six thousand seven	28862
hundred fifty dollars not later than January 30, 2000, and a	28863
nonrefundable annual surcharge of seven thousand five hundred	28864
dollars not later than January 30, 20012002, and not later than	28865
January 30, 2003. Any person who fails to pay the surcharge at	28866
that time shall pay an additional amount that equals ten per cent	28867
of the amount of the surcharge.	28868

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	28869
section, a public discharger identified by I in the third	28870
character of the permittee's NPDES permit number and an industrial	28871
discharger identified by I, J, L, V, W, X, Y, or Z in the third	28872
character of the permittee's NPDES permit number shall pay a	28873
nonrefundable annual discharge fee of one hundred eighty dollars	28874
not later than January 30, 20002002, and not later than January	28875
30, 20012003. Any person who fails to pay the fee at that time	28876
shall pay an additional amount that equals ten per cent of the	28877
required fee.	28878

(6) Each person obtaining a national pollutant discharge	28879
elimination system general or individual permit for municipal	28880
storm water discharge shall pay a nonrefundable storm water	28881
discharge fee of one hundred dollars per square mile of area	28882
permitted. The fee shall not exceed ten thousand dollars and	28883
shall be payable on or before January 30, 2004, and the thirtieth	28884
day of January of each year thereafter. Any person who fails to	28885
pay the fee on the date specified in division (L)(6) of this	28886
section shall pay an additional amount per year equal to ten per	28887
cent of the annual fee that is unpaid.	28888

(7) The director shall transmit all moneys collected under	28889
division (L) of this section to the treasurer of state for deposit	28890
into the state treasury to the credit of the surface water	28891
protection fund created in section 6111.038 of the Revised Code.	28892

(7)(8) As used in division (L) of this section:

28893

(a) "NPDES" means the federally approved national pollutant	28894
discharge elimination system program for issuing, modifying,	28895
revoking, reissuing, terminating, monitoring, and enforcing	28896
permits and imposing and enforcing pretreatment requirements under	28897
Chapter 6111. of the Revised Code and rules adopted under it.	28898

(b) "Public discharger" means any holder of an NPDES permit	28899
identified by P in the second character of the NPDES permit number	28900
assigned by the director.	28901

(c) "Industrial discharger" means any holder of an NPDES	28902
permit identified by I in the second character of the NPDES permit	28903
number assigned by the director.	28904

(d) "Major discharger" means any holder of an NPDES permit	28905
classified as major by the regional administrator of the United	28906
States environmental protection agency in conjunction with the	28907
director.	28908

(M) Through June 30, 20022004, a person applying for a	28909
license or license renewal to operate a public water system under	28910
section 6109.21 of the Revised Code shall pay the appropriate fee	28911
established under this division at the time of application to the	28912
director. Any person who fails to pay the fee at that time shall	28913
pay an additional amount that equals ten per cent of the required	28914
fee. The director shall transmit all moneys collected under this	28915
division to the treasurer of state for deposit into the drinking	28916
water protection fund created in section 6109.30 of the Revised	28917
Code.	28918

Fees required under this division shall be calculated and	28919
paid in accordance with the following schedule:	28920

(1) For the initial license required under division (A)(1)	28921
of section 6109.21 of the Revised Code for any public water system	28922
that is a community water system as defined in section 6109.01 of	28923
the Revised Code, and for each license renewal required for such a	28924
system prior to January 31, 20022004, the fee is:	28925

A public water system may determine how it will pay the total	28941
amount of the fee calculated under division (M)(1) of this	28942
section, including the assessment of additional user fees that may	28943
be assessed on a volumetric basis.	28944

As used in division (M)(1) of this section, "service	28945
connection" means the number of active or inactive pipes,	28946
goosenecks, pigtails, and any other fittings connecting a water	28947
main to any building outlet.	28948

(2) For the initial license required under division (A)(2)	28949
of section 6109.21 of the Revised Code for any public water system	28950
that is not a community water system and serves a nontransient	28951
population, and for each license renewal required for such a	28952
system prior to January 31, 20022004, the fee is:	28953

As used in division (M)(2) of this section, "population	28965
served" means the total number of individuals receiving water from	28966
the water supply during a twenty-four-hour period for at least	28967
sixty days during any calendar year. In the absence of a specific	28968
population count, that number shall be calculated at the rate of	28969
three individuals per service connection.	28970

(3) For the initial license required under division (A)(3)	28971
of section 6109.21 of the Revised Code for any public water system	28972
that is not a community water system and serves a transient	28973
population, and for each license renewal required for such a	28974
system prior to January 31, 20022004, the fee is:	28975

As used in division (M)(3) of this section, "number of wells	28984
supplying system" means those wells that are physically connected	28985
to the plumbing system serving the public water system.	28986

(N)(1) A person applying for a plan approval for a public	28987
water supply system under section 6109.07 of the Revised Code	28988
shall pay a fee of one hundred dollars plus two-tenths of one per	28989
cent of the estimated project cost, except that the total fee	28990
shall not exceed fifteen thousand dollars through June 30, 2002	28991
2004, and five thousand dollars on and after July 1, 20022004.	28992
The fee shall be paid at the time the application is submitted.	28993

(2) A person who has entered into an agreement with the	28994
director under division (A)(2) of section 6109.07 of the Revised	28995
Code shall pay an administrative service fee for each plan	28996
submitted under that section for approval that shall not exceed	28997
the minimum amount necessary to pay administrative costs directly	28998
attributable to processing plan approvals. The director annually	28999
shall calculate the fee and shall notify all persons that have	29000
entered into agreements under that division, or who have applied	29001
for agreements, of the amount of the fee.	29002

(3) Through June 30, 20022004, the following fee, on a per	29003
survey basis, shall be charged any person for services rendered by	29004
the state in the evaluation of laboratories and laboratory	29005
personnel for compliance with accepted analytical techniques and	29006
procedures established pursuant to Chapter 6109. of the Revised	29007
Code for determining the qualitative characteristics of water:	29008

On and after July 1, 20022004, the following fee, on a per	29014
survey basis, shall be charged any such person:	29015

The fee for those services shall be paid at the time the request	29019
for the survey is made. Through June 30, 2002 2004, an individual	29020
laboratory shall not be assessed a fee under this division more	29021
than once in any three-year period.	29022

The director shall transmit all moneys collected under this	29023
division to the treasurer of state for deposit into the drinking	29024
water protection fund created in section 6109.30 of the Revised	29025
Code.	29026

(O) Any person applying to the director for examination for	29027
certification as an operator of a water supply system or	29028
wastewater system under Chapter 6109. or 6111. of the Revised	29029
Code, at the time the application is submitted, shall pay an	29030
application fee of twenty-five dollars through June 30, 20022004,	29031
and ten dollars on and after July 1, 20022004. Upon approval	29032
from the director that the applicant is eligible to take the	29033
examination therefor, the applicant shall pay a fee in accordance	29034
with the following schedule through June 30, 20022004:	29035

On and after July 1, 20022004, the applicant shall pay a fee	29040
in accordance with the following schedule:	29041

The director shall transmit all moneys collected under this	29046
division to the treasurer of state for deposit into the drinking	29047
water protection fund created in section 6109.30 of the Revised	29048
Code.	29049

(P) Through June 30, 20022004, any person submitting an	29050
application for an industrial water pollution control certificate	29051
under section 6111.31 of the Revised Code shall pay a	29052
nonrefundable fee of five hundred dollars at the time the	29053
application is submitted. The director shall transmit all moneys	29054
collected under this division to the treasurer of state for	29055
deposit into the surface water protection fund created in section	29056
6111.038 of the Revised Code. A person paying a certificate fee	29057
under this division shall not pay an application fee under	29058
division (S)(1) of this section.	29059

(Q) Except as otherwise provided in division (R) of this	29060
section, a person issued a permit by the director for a new solid	29061
waste disposal facility other than an incineration or composting	29062
facility, a new infectious waste treatment facility other than an	29063
incineration facility, or a modification of such an existing	29064
facility that includes an increase in the total disposal or	29065
treatment capacity of the facility pursuant to Chapter 3734. of	29066
the Revised Code shall pay a fee of ten dollars per thousand cubic	29067
yards of disposal or treatment capacity, or one thousand dollars,	29068
whichever is greater, except that the total fee for any such	29069
permit shall not exceed eighty thousand dollars. A person issued	29070
a modification of a permit for a solid waste disposal facility or	29071
an infectious waste treatment facility that does not involve an	29072
increase in the total disposal or treatment capacity of the	29073
facility shall pay a fee of one thousand dollars. A person issued	29074
a permit to install a new, or modify an existing, solid waste	29075
transfer facility under that chapter shall pay a fee of two	29076
thousand five hundred dollars. A person issued a permit to	29077
install a new or to modify an existing solid waste incineration or	29078
composting facility, or an existing infectious waste treatment	29079
facility using incineration as its principal method of treatment,	29080
under that chapter shall pay a fee of one thousand dollars. The	29081
increases in the permit fees under this division resulting from	29082
the amendments made by Amended Substitute House Bill 592 of the	29083
117th general assembly do not apply to any person who submitted an	29084
application for a permit to install a new, or modify an existing,	29085
solid waste disposal facility under that chapter prior to	29086
September 1, 1987; any such person shall pay the permit fee	29087
established in this division as it existed prior to June 24, 1988.	29088
In addition to the applicable permit fee under this division, a	29089
person issued a permit to install or modify a solid waste facility	29090
or an infectious waste treatment facility under that chapter who	29091
fails to pay the permit fee to the director in compliance with	29092
division (V) of this section shall pay an additional ten per cent	29093
of the amount of the fee for each week that the permit fee is	29094
late.	29095

Permit and late payment fees paid to the director under this	29096
division shall be credited to the general revenue fund.	29097

(R)(1) A person issued a registration certificate for a	29098
scrap tire collection facility under section 3734.75 of the	29099
Revised Code shall pay a fee of two hundred dollars, except that	29100
if the facility is owned or operated by a motor vehicle salvage	29101
dealer licensed under Chapter 4738. of the Revised Code, the	29102
person shall pay a fee of twenty-five dollars.	29103

(2) A person issued a registration certificate for a new	29104
scrap tire storage facility under section 3734.76 of the Revised	29105
Code shall pay a fee of three hundred dollars, except that if the	29106
facility is owned or operated by a motor vehicle salvage dealer	29107
licensed under Chapter 4738. of the Revised Code, the person shall	29108
pay a fee of twenty-five dollars.	29109

(3) A person issued a permit for a scrap tire storage	29110
facility under section 3734.76 of the Revised Code shall pay a fee	29111
of one thousand dollars, except that if the facility is owned or	29112
operated by a motor vehicle salvage dealer licensed under Chapter	29113
4738. of the Revised Code, the person shall pay a fee of fifty	29114
dollars.	29115

(4) A person issued a permit for a scrap tire monocell or	29116
monofill facility under section 3734.77 of the Revised Code shall	29117
pay a fee of ten dollars per thousand cubic yards of disposal	29118
capacity or one thousand dollars, whichever is greater, except	29119
that the total fee for any such permit shall not exceed eighty	29120
thousand dollars.	29121

(5) A person issued a registration certificate for a scrap	29122
tire recovery facility under section 3734.78 of the Revised Code	29123
shall pay a fee of one hundred dollars.	29124

(6) A person issued a permit for a scrap tire recovery	29125
facility under section 3734.78 of the Revised Code shall pay a fee	29126
of one thousand dollars.	29127

(7) In addition to the applicable registration certificate	29128
or permit fee under divisions (R)(1) to (6) of this section, a	29129
person issued a registration certificate or permit for any such	29130
scrap tire facility who fails to pay the registration certificate	29131
or permit fee to the director in compliance with division (V) of	29132
this section shall pay an additional ten per cent of the amount of	29133
the fee for each week that the fee is late.	29134

(8) The registration certificate, permit, and late payment	29135
fees paid to the director under divisions (R)(1) to (7) of this	29136
section shall be credited to the scrap tire management fund	29137
created in section 3734.82 of the Revised Code.	29138

(S)(1) Except as provided by divisions (L), (M), (N), (O),	29139
(P), and (S)(2) of this section, division (A)(2) of section	29140
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	29141
and rules adopted under division (T)(1) of this section, any	29142
person applying for a registration certificate under section	29143
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	29144
variance, or plan approval under Chapter 3734. of the Revised Code	29145
shall pay a nonrefundable fee of fifteen dollars at the time the	29146
application is submitted.	29147

Except as otherwise provided, any person applying for a	29148
permit, variance, or plan approval under Chapter 6109. or 6111. of	29149
the Revised Code shall pay a nonrefundable fee of one hundred	29150
dollars at the time the application is submitted through June 30,	29151
20022004, and a nonrefundable fee of fifteen dollars at the time	29152
the application is submitted on and after July 1, 20022004.	29153
Through June 30, 20022004, any person applying for a national	29154
pollutant discharge elimination system permit under Chapter 6111.	29155
of the Revised Code shall pay a nonrefundable fee of two hundred	29156
dollars at the time of application for the permit. On and after	29157
July 1, 20022004, such a person shall pay a nonrefundable fee of	29158
fifteen dollars at the time of application.	29159

In addition to the application fee established under division	29160
(S)(1) of this section, any person applying for a national	29161
pollutant discharge elimination system general storm water	29162
construction permit shall pay a nonrefundable fee of twenty	29163
dollars per acre for each acre that is permitted above five acres	29164
at the time the application is submitted. However, the per	29165
acreage fee shall not exceed three hundred dollars. In addition,	29166
any person applying for a national pollutant discharge elimination	29167
system general storm water industrial permit shall pay a	29168
nonrefundable fee of one hundred fifty dollars at the time the	29169
application is submitted.	29170

The director shall transmit all moneys collected under	29171
division (S)(1) of this section pursuant to Chapter 6109. of the	29172
Revised Code to the treasurer of state for deposit into the	29173
drinking water protection fund created in section 6109.30 of the	29174
Revised Code.	29175

The director shall transmit all moneys collected under	29176
division (S)(1) of this section pursuant to Chapter 6111. of the	29177
Revised Code to the treasurer of state for deposit into the	29178
surface water protection fund created in section 6111.038 of the	29179
Revised Code.	29180

If a registration certificate is issued under section	29181
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	29182
the application fee paid shall be deducted from the amount of the	29183
registration certificate fee due under division (R)(1), (2), or	29184
(5) of this section, as applicable.	29185

(2) Division (S)(1) of this section does not apply to an	29186
application for a registration certificate for a scrap tire	29187
collection or storage facility submitted under section 3734.75 or	29188
3734.76 of the Revised Code, as applicable, if the owner or	29189
operator of the facility or proposed facility is a motor vehicle	29190
salvage dealer licensed under Chapter 4738. of the Revised Code.	29191

(T) The director may adopt, amend, and rescind rules in	29192
accordance with Chapter 119. of the Revised Code that do all of	29193
the following:	29194

(1) Prescribe fees to be paid by applicants for and holders	29195
of any license, permit, variance, plan approval, or certification	29196
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	29197
the Revised Code that are not specifically established in this	29198
section. The fees shall be designed to defray the cost of	29199
processing, issuing, revoking, modifying, denying, and enforcing	29200
the licenses, permits, variances, plan approvals, and	29201
certifications.	29202

The director shall transmit all moneys collected under rules	29203
adopted under division (T)(1) of this section pursuant to Chapter	29204
6109. of the Revised Code to the treasurer of state for deposit	29205
into the drinking water protection fund created in section 6109.30	29206
of the Revised Code.	29207

The director shall transmit all moneys collected under rules	29208
adopted under division (T)(1) of this section pursuant to Chapter	29209
6111. of the Revised Code to the treasurer of state for deposit	29210
into the surface water protection fund created in section 6111.038	29211
of the Revised Code.	29212

(2) Exempt the state and political subdivisions thereof,	29213
including education facilities or medical facilities owned by the	29214
state or a political subdivision, or any person exempted from	29215
taxation by section 5709.07 or 5709.12 of the Revised Code, from	29216
any fee required by this section;	29217

(3) Provide for the waiver of any fee, or any part thereof,	29218
otherwise required by this section whenever the director	29219
determines that the imposition of the fee would constitute an	29220
unreasonable cost of doing business for any applicant, class of	29221
applicants, or other person subject to the fee;	29222

(4) Prescribe measures that the director considers necessary	29223
to carry out this section.	29224

(U) When the director reasonably demonstrates that the	29225
direct cost to the state associated with the issuance of a permit	29226
to install, license, variance, plan approval, or certification	29227
exceeds the fee for the issuance or review specified by this	29228
section, the director may condition the issuance or review on the	29229
payment by the person receiving the issuance or review of, in	29230
addition to the fee specified by this section, the amount, or any	29231
portion thereof, in excess of the fee specified under this	29232
section. The director shall not so condition issuances for which	29233
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	29234
section.	29235

(V) Except as provided in divisions (L), (M), and (P) of	29236
this section or unless otherwise prescribed by a rule of the	29237
director adopted pursuant to Chapter 119. of the Revised Code, all	29238
fees required by this section are payable within thirty days after	29239
the issuance of an invoice for the fee by the director or the	29240
effective date of the issuance of the license, permit, variance,	29241
plan approval, or certification. If payment is late, the person	29242
responsible for payment of the fee shall pay an additional ten per	29243
cent of the amount due for each month that it is late.	29244

(W) As used in this section, "fuel-burning equipment,"	29245
"fuel-burning equipment input capacity," "incinerator,"	29246
"incinerator input capacity," "process," "process weight rate,"	29247
"storage tank," "gasoline dispensing facility," "dry cleaning	29248
facility," "design flow discharge," and "new source treatment	29249
works" have the meanings ascribed to those terms by applicable	29250
rules or standards adopted by the director under Chapter 3704. or	29251
6111. of the Revised Code.	29252

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	29253
and (J) of this section, and in any other provision of this	29254
section pertaining to fees paid pursuant to Chapter 3704. of the	29255
Revised Code:	29256

(1) "Facility," "federal Clean Air Act," "person," and "Title	29257
V permit" have the same meanings as in section 3704.01 of the	29258
Revised Code.	29259

(2) "Title V permit program" means the following activities	29260
as necessary to meet the requirements of Title V of the federal	29261
Clean Air Act and 40 C.F.R. part 70, including at least:	29262

(a) Preparing and adopting, if applicable, generally	29263
applicable rules or guidance regarding the permit program or its	29264
implementation or enforcement;	29265

(b) Reviewing and acting on any application for a Title V	29266
permit, permit revision, or permit renewal, including the	29267
development of an applicable requirement as part of the processing	29268
of a permit, permit revision, or permit renewal;	29269

(c) Administering the permit program, including the	29270
supporting and tracking of permit applications, compliance	29271
certification, and related data entry;	29272

(d) Determining which sources are subject to the program and	29273
implementing and enforcing the terms of any Title V permit, not	29274
including any court actions or other formal enforcement actions;	29275

(e) Emission and ambient monitoring;

29276

(f) Modeling, analyses, or demonstrations;

29277

(g) Preparing inventories and tracking emissions;

29278

(h) Providing direct and indirect support to small business	29279
stationary sources to determine and meet their obligations under	29280
the federal Clean Air Act pursuant to the small business	29281
stationary source technical and environmental compliance	29282
assistance program required by section 507 of that act and	29283
established in sections 3704.18, 3704.19, and 3706.19 of the	29284
Revised Code.	29285

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	29286
of this section, each sewage sludge facility shall pay a	29287
nonrefundable annual sludge fee equal to three dollars and fifty	29288
cents per dry ton of sewage sludge, including the dry tons of	29289
sewage sludge in materials derived from sewage sludge, that the	29290
sewage sludge facility treats or disposes of in this state. The	29291
annual volume of sewage sludge treated or disposed of by a sewage	29292
sludge facility shall be calculated using the first day of January	29293
through the thirty-first day of December of the calendar year	29294
preceding the date on which payment of the fee is due.	29295

(2)(a) Except as provided in division (Y)(2)(d) of this	29296
section, each sewage sludge facility shall pay a minimum annual	29297
sewage sludge fee of one hundred dollars.	29298

(b) The annual sludge fee required to be paid by a sewage	29299
sludge facility that treats or disposes of exceptional quality	29300
sludge in this state shall be thirty-five per cent less per dry	29301
ton of exceptional quality sludge than the fee assessed under	29302
division (Y)(1) of this section, subject to the following	29303
exceptions:	29304

(i) Except as provided in division (Y)(2)(d) of this	29305
section, a sewage sludge facility that treats or disposes of	29306
exceptional quality sludge shall pay a minimum annual sewage	29307
sludge fee of one hundred dollars.	29308

(ii) A sewage sludge facility that treats or disposes of	29309
exceptional quality sludge shall not be required to pay the annual	29310
sludge fee for treatment or disposal in this state of exceptional	29311
quality sludge generated outside of this state and contained in	29312
bags or other containers not greater than one hundred pounds in	29313
capacity.	29314

A thirty-five per cent reduction for exceptional quality	29315
sludge applies to the maximum annual fees established under	29316
division (Y)(3) of this section.	29317

(c) A sewage sludge facility that transfers sewage sludge to	29318
another sewage sludge facility in this state for further treatment	29319
prior to disposal in this state shall not be required to pay the	29320
annual sludge fee for the tons of sewage sludge that have been	29321
transferred. In such a case, the sewage sludge facility that	29322
disposes of the sewage sludge shall pay the annual sludge fee.	29323
However, the facility transferring the sewage sludge shall pay the	29324
one-hundred-dollar minimum fee required under division (Y)(2)(a)	29325
of this section.	29326

In the case of a sewage sludge facility that treats sewage	29327
sludge in this state and transfers it out of this state to another	29328
entity for disposal, the sewage sludge facility in this state	29329
shall be required to pay the annual sludge fee for the tons of	29330
sewage sludge that have been transferred.	29331

(d) A sewage sludge facility that generates sewage sludge	29332
resulting from an average daily discharge flow of less than five	29333
thousand gallons per day is not subject to the fees assessed under	29334
division (Y) of this section.	29335

(3) No sewage sludge facility required to pay the annual	29336
sludge fee shall be required to pay more than the maximum annual	29337
fee for each disposal method that the sewage sludge facility uses.	29338
The maximum annual fee does not include the additional amount that	29339
may be charged under division (Y)(5) of this section for late	29340
payment of the annual sludge fee. The maximum annual fee for the	29341
following methods of disposal of sewage sludge is as follows:	29342

(a) Incineration: five thousand dollars;

29343

(b) Preexisting land reclamation project or disposal in a	29344
landfill: five thousand dollars;	29345

(c) Land application, land reclamation, surface disposal, or	29346
any other disposal method not specified in division (Y)(3)(a) or	29347
(b) of this section: twenty thousand dollars.	29348

(4)(a) In the case of an entity that generates sewage sludge	29349
or a sewage sludge facility that treats sewage sludge and	29350
transfers the sewage sludge to an incineration facility for	29351
disposal, the incineration facility, and not the entity generating	29352
the sewage sludge or the sewage sludge facility treating the	29353
sewage sludge, shall pay the annual sludge fee for the tons of	29354
sewage sludge that are transferred. However, the entity or	29355
facility generating or treating the sewage sludge shall pay the	29356
one-hundred-dollar minimum fee required under division (Y)(2)(a)	29357
of this section.	29358

(b) In the case of an entity that generates sewage sludge	29359
and transfers the sewage sludge to a landfill for disposal or to a	29360
sewage sludge facility for land reclamation or surface disposal,	29361
the entity generating the sewage sludge, and not the landfill or	29362
sewage sludge facility, shall pay the annual sludge fee for the	29363
tons of sewage sludge that are transferred.	29364

(5) Not later than the first day of April of the calendar	29365
year following the effective date of this amendmentMarch17,	29366
2000, and each first day of April thereafter, the director shall	29367
issue invoices to persons who are required to pay the annual	29368
sludge fee. The invoice shall identify the nature and amount of	29369
the annual sludge fee assessed and state the first day of May as	29370
the deadline for receipt by the director of objections regarding	29371
the amount of the fee and the first day of July as the deadline	29372
for payment of the fee.	29373

Not later than the first day of May following receipt of an	29374
invoice, a person required to pay the annual sludge fee may submit	29375
objections to the director concerning the accuracy of information	29376
regarding the number of dry tons of sewage sludge used to	29377
calculate the amount of the annual sludge fee or regarding whether	29378
the sewage sludge qualifies for the exceptional quality sludge	29379
discount established in division (Y)(2)(b) of this section. The	29380
director may consider the objections and adjust the amount of the	29381
fee to ensure that it is accurate.	29382

If the director does not adjust the amount of the annual	29383
sludge fee in response to a person's objections, the person may	29384
appeal the director's determination in accordance with Chapter	29385
119. of the Revised Code.	29386

Not later than the first day of June, the director shall	29387
notify the objecting person regarding whether the director has	29388
found the objections to be valid and the reasons for the finding.	29389
If the director finds the objections to be valid and adjusts the	29390
amount of the annual sludge fee accordingly, the director shall	29391
issue with the notification a new invoice to the person	29392
identifying the amount of the annual sludge fee assessed and	29393
stating the first day of July as the deadline for payment.	29394

Not later than the first day of July, any person who is	29395
required to do so shall pay the annual sludge fee. Any person who	29396
is required to pay the fee, but who fails to do so on or before	29397
that date shall pay an additional amount that equals ten per cent	29398
of the required annual sludge fee.	29399

(6) The director shall transmit all moneys collected under	29400
division (Y) of this section to the treasurer of state for deposit	29401
into the surface water protection fund created in section 6111.038	29402
of the Revised Code. The moneys shall be used to defray the costs	29403
of administering and enforcing provisions in Chapter 6111. of the	29404
Revised Code and rules adopted under it that govern the use,	29405
storage, treatment, or disposal of sewage sludge.	29406

(7) Beginning in fiscal year 2001, and every two years	29407
thereafter, the director shall review the total amount of moneys	29408
generated by the annual sludge fees to determine if that amount	29409
exceedsexceeded six hundred thousand dollars in either of the two	29410
preceding fiscal years. If the total amount of moneys in the fund	29411
exceeded six hundred thousand dollars in either fiscal year, the	29412
director, after review of the fee structure and consultation with	29413
affected persons, shall issue an order reducing the amount of the	29414
fees levied under division (Y) of this section so that the	29415
estimated amount of moneys resulting from the fees will not exceed	29416
six hundred thousand dollars in any fiscal year.	29417

If, upon review of the fees under division (Y)(7) of this	29418
section and after the fees have been reduced, the director	29419
determines that the total amount of moneys collected and	29420
accumulated is less than six hundred thousand dollars, the	29421
director, after review of the fee structure and consultation with	29422
affected persons, may issue an order increasing the amount of the	29423
fees levied under division (Y) of this section so that the	29424
estimated amount of moneys resulting from the fees will be	29425
approximately six hundred thousand dollars. Fees shall never be	29426
increased to an amount exceeding the amount specified in division	29427
(Y)(7) of this section.	29428

Notwithstanding section 119.06 of the Revised Code, the	29429
director may issue an order under division (Y)(7) of this section	29430
without the necessity to hold an adjudicatory hearing in	29431
connection with the order. The issuance of an order under this	29432
division is not an act or action for purposes of section 3745.04	29433
of the Revised Code.	29434

(8) As used in division (Y) of this section:

29435

(a) "Sewage sludge facility" means an entity that performs	29436
treatment on or is responsible for the disposal of sewage sludge.	29437

(b) "Sewage sludge" means a solid, semi-solid, or liquid	29438
residue generated during the treatment of domestic sewage in a	29439
treatment works as defined in section 6111.01 of the Revised Code.	29440
"Sewage sludge" includes, but is not limited to, scum or solids	29441
removed in primary, secondary, or advanced wastewater treatment	29442
processes. "Sewage sludge" does not include ash generated during	29443
the firing of sewage sludge in a sewage sludge incinerator, grit	29444
and screenings generated during preliminary treatment of domestic	29445
sewage in a treatment works, animal manure, residue generated	29446
during treatment of animal manure, or domestic septage.	29447

(c) "Exceptional quality sludge" means sewage sludge that	29448
meets all of the following qualifications:	29449

(i) Satisfies the class A pathogen standards in 40 C.F.R.	29450
503.32(a);	29451

(ii) Satisfies one of the vector attraction reduction	29452
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	29453

(iii) Does not exceed the ceiling concentration limitations	29454
for metals listed in table one of 40 C.F.R. 503.13;	29455

(iv) Does not exceed the concentration limitations for	29456
metals listed in table three of 40 C.F.R. 503.13.	29457

(d) "Treatment" means the preparation of sewage sludge for	29458
final use or disposal and includes, but is not limited to,	29459
thickening, stabilization, and dewatering of sewage sludge.	29460

(e) "Disposal" means the final use of sewage sludge,	29461
including, but not limited to, land application, land reclamation,	29462
surface disposal, or disposal in a landfill or an incinerator.	29463

(f) "Land application" means the spraying or spreading of	29464
sewage sludge onto the land surface, the injection of sewage	29465
sludge below the land surface, or the incorporation of sewage	29466
sludge into the soil for the purposes of conditioning the soil or	29467
fertilizing crops or vegetation grown in the soil.	29468

(g) "Land reclamation" means the returning of disturbed land	29469
to productive use.	29470

(h) "Surface disposal" means the placement of sludge on an	29471
area of land for disposal, including, but not limited to,	29472
monofills, surface impoundments, lagoons, waste piles, or	29473
dedicated disposal sites.	29474

(i) "Incinerator" means an entity that disposes of sewage	29475
sludge through the combustion of organic matter and inorganic	29476
matter in sewage sludge by high temperatures in an enclosed	29477
device.	29478

(j) "Incineration facility" includes all incinerators owned	29479
or operated by the same entity and located on a contiguous tract	29480
of land. Areas of land are considered to be contiguous even if	29481
they are separated by a public road or highway.	29482

(k) "Annual sludge fee" means the fee assessed under division	29483
(Y)(1) of this section.	29484

(l) "Landfill" means a sanitary landfill facility, as defined	29485
in rules adopted under section 3734.02 of the Revised Code, that	29486
is licensed under section 3734.05 of the Revised Code.	29487

(m) "Preexisting land reclamation project" means a	29488
property-specific land reclamation project that has been in	29489
continuous operation for not less than five years pursuant to	29490
approval of the activity by the director and includes the	29491
implementation of a community outreach program concerning the	29492
activity.	29493

Sec. 3745.15.  (A)(1) Not later than one hundred fifty days	29494
after receipt of a complete application for a permit to install,	29495
or a modification of such a permit, under rules adopted under	29496
division (F) of section 3704.03 of the Revised Code or for the	29497
approval of plans under section 6111.44, 6111.45, or 6111.46 of	29498
the Revised Code, the director of environmental protection shall	29499
either issue or deny the permit or modification or approve or	29500
disapprove the plans, whichever is applicable. The director shall	29501
send written notification to the applicant of the issuance or	29502
denial or the approval or disapproval, whichever is applicable. If	29503
the director fails to issue or deny the permit or modification or	29504
approve or disapprove the plans, whichever is applicable, not	29505
later than one hundred fifty days after receipt of a complete	29506
application, the director and the director's authorized	29507
representatives shall not collect the applicable permit to install	29508
fee established under division (F) or (I) of section 3745.11 of	29509
the Revised Code or the applicable plan approval fee established	29510
under division (L)(2) of section 3745.11 of the Revised Code,	29511
whichever is applicable.	29512

For purposes of this section, a complete application is an	29513
application that has been determined or deemed to be complete	29514
under section 3745.10 of the Revised Code.	29515

(2) If the director fails to issue or deny a permit to	29516
install or modification of such a permit within the	29517
one-hundred-fifty-day period, the applicant may bring a mandamus	29518
action to obtain a judgment that orders the director to take a	29519
final action on the application.	29520

(B)(1) Upon the written request of the applicant, the	29521
director, in writing, may extend the time provided under division	29522
(A)(1) of this section for issuing or denying a permit to install	29523
or modification of such a permit for the additional time specified	29524
in the applicant's request for the extension.	29525

(2) If the time for the issuance or denial of a permit to	29526
install or modification of such a permit is extended under	29527
division (B)(1) of this section, the preclusion against the	29528
collection of the applicable permit to install fee established	29529
under division (A)(1) of this section does not apply unless the	29530
preclusion is included in a written agreement providing for the	29531
extension of time.	29532

(C) Upon the written request of the person who is	29533
responsible for a facility, the director may consolidate or group	29534
applications for the issuance of permits to install under rules	29535
adopted under division (F) of section 3704.03 of the Revised Code,	29536
or modifications or renewals of those permits, for individual air	29537
contaminant sources located at the facility in order to reduce the	29538
unnecessary paperwork and administrative burden to the applicant	29539
and the director in connection with the issuance of those permits,	29540
modifications, and renewals. Applicable fees that are payable to	29541
the director under section 3745.11 of the Revised Code shall not	29542
be reduced by reason of any such consolidation or grouping of	29543
applications for permits, modifications, or renewals.	29544

(D) Notwithstanding any provision of Chapter 3704., 3734.,	29545
3746., or 6111. of the Revised Code to the contrary, not later	29546
than one hundred fifty days after the receipt of an application	29547
for a permit under any of those chapters other than a permit	29548
specified in division (A)(1) of this section, the director shall	29549
either issue or deny the permit. The director shall send written	29550
notification to the applicant of the issuance or denial. If the	29551
director fails to issue or deny the permit by the end of the	29552
one-hundred-fifty-day period, the application is deemed approved,	29553
and the director shall issue the permit. The director shall send	29554
written notification to the applicant of the issuance.	29555

Sec. 3745.22.  (A) As used in this section, "eligible	29556
institution of higher education" means any of the state	29557
universities listed in section 3345.011 of the Revised Code, or a	29558
community college, technical college, university branch, state	29559
community college, or an institution that is nonprofit and holds a	29560
certificate of authorization issued under section 1713.02 of the	29561
Revised Code.	29562

(B) There is hereby created in the state treasury the	29563
environmental education fund consisting of moneys credited to the	29564
fund pursuant to sections 3704.06 and 6111.09 of the Revised Code	29565
and any gifts, grants, or contributions received by the director	29566
of environmental protection for the purposes of the fund. The	29567
fund shall be administered by the director with the advice and	29568
assistance of the environmental education council created in	29569
section 3745.21 of the Revised Code. Moneys in the fund shall be	29570
used exclusively to develop, implement, and administer a program	29571
to enhance public awareness and the objective understanding within	29572
this state of issues affecting environmental quality. Toward that	29573
end, moneys in the fund may be used for purposes that include,	29574
without limitation, developing elementary and secondary school and	29575
collegiate curricula on environmental issues; providing training	29576
for this state's elementary and secondary school teachers on	29577
environmental issues; providing educational seminars for concerned	29578
members of the public regarding the scientific and technical	29579
aspects of environmental issues; providing educational seminars	29580
regarding pollution prevention and waste minimization for persons	29581
regulated by the environmental protection agency; providing	29582
educational seminars for persons regulated by the environmental	29583
protection agency, including, without limitation, small	29584
businesses, regarding the regulatory requirements of the agency	29585
and the means of achieving and maintaining compliance with them;	29586
and providing one or more scholarships in environmental sciences	29587
or environmental engineering at one or more state colleges or	29588
universities, as "state college or university" is defined in	29589
section 3345.27 of the Revised Codefor students enrolled at an	29590
eligible institution of higher education.	29591

The director may expend not more than one million five	29592
hundred thousand dollars of the moneys credited to the	29593
environmental education fund under sections 3704.06 and 6111.09 of	29594
the Revised Code in any fiscal year for the purposes specified in	29595
this division. The director may request authority from the	29596
controlling board to expend any moneys credited to that fund in	29597
any fiscal year in excess of that amount.	29598

(B)(C) Not later than the first day of April each year, the	29599
director, with the advice and assistance of the council, shall	29600
prepare and submit to the governor, the president of the senate,	29601
and the speaker of the house of representatives an environmental	29602
education agenda that describes the proposed uses of the	29603
environmental education fund during the following fiscal year.	29604
Prior to submitting the agenda the director, in conjunction with	29605
the council, shall hold a public hearing in Franklin county to	29606
receive comments on the agenda. After the public hearing and	29607
before submitting the agenda to the governor, the president, and	29608
the speaker, the director, with the advice and assistance of the	29609
council, may make any modifications to the agenda that the	29610
director considers appropriate based upon the comments received at	29611
the public hearing.	29612

(C)(D) Not later than the first day of September each year,	29613
the director, with the advice and assistance of the council, shall	29614
prepare and submit to the governor, the president of the senate,	29615
and the speaker of the house of representatives a report on the	29616
revenues credited to and expenditures from the environmental	29617
education fund during the immediately preceding fiscal year.	29618

Sec. 3750.02.  (A) There is hereby created the emergency	29619
response commission consisting of the directors of environmental	29620
protection and health, the chairpersonschairperson of the public	29621
utilities commission, industrial commission, and state and local	29622
government commission, the fire marshal, the director of public	29623
safety, the director of job and family servicestransportation,	29624
the director of natural resources, the superintendent of the	29625
highway patrol, and the attorney general as members ex officio, or	29626
their designees; notwithstanding section 101.26 of the Revised	29627
Code, the chairpersons of the respective standing committees of	29628
the senate and house of representatives that are primarily	29629
responsible for considering environmental issues who may	29630
participate fully in all the commission's deliberations and	29631
activities, except that they shall serve as nonvoting members; and	29632
ten members to be appointed by the governor with the advice and	29633
consent of the senate. The appointed members, to the extent	29634
practicable, shall have technical expertise in the field of	29635
emergency response. Of the appointed members, two shall represent	29636
environmental advocacy organizations, one shall represent the	29637
interests of petroleum refiners or marketers or chemical	29638
manufacturers, one shall represent the interests of another	29639
industry subject to this chapter, one shall represent the	29640
interests of municipal corporations, one shall represent the	29641
interests of counties, one shall represent the interests of chiefs	29642
of fire departments, one shall represent the interests of	29643
professional firefighters, one shall represent the interests of	29644
volunteer firefighters, and one shall represent the interests of	29645
local emergency management agencies.	29646

An appointed member of the commission also may serve as a	29647
member of the local emergency planning committee of an emergency	29648
planning district. An appointed member of the commission who is	29649
also a member of a local emergency planning committee shall not	29650
participate as a member of the commission in the appointment of	29651
members of the local emergency planning committee of which the	29652
member is a member, in the review of the chemical emergency	29653
response and preparedness plan submitted by the local emergency	29654
planning committee of which the member is a member, in any vote to	29655
approve a grant to the member's district, or in any vote of the	29656
commission on any motion or resolution pertaining specifically to	29657
the member's district or the local emergency planning committee on	29658
which the member serves. A commission member who is also a member	29659
of a local emergency planning committee shall not lobby or	29660
otherwise act as an advocate for the member's district to other	29661
members of the commission to obtain from the commission anything	29662
of value for the member's district or the local emergency planning	29663
committee of which the member is a member. A member of the	29664
commission who is also a member of a local emergency planning	29665
committee may vote on resolutions of the commission that apply	29666
uniformly to all local emergency planning committees and districts	29667
in the state and do not provide a grant or other pecuniary benefit	29668
to the member's district or the committee of which the member is a	29669
member.	29670

The governor shall make the initial appointments to the	29671
commission within thirty days after December 14, 1988. Of the	29672
initial appointments to the commission, five shall be for a term	29673
of two years and five shall be for a term of one year. Thereafter,	29674
terms of office of the appointed members of the commission shall	29675
be for two years, with each term ending on the same day of the	29676
same month as did the term that it succeeds. Each member shall	29677
hold office from the date of appointment until the end of the term	29678
for which the member was appointed. Members may be reappointed.	29679
Vacancies shall be filled in the manner provided for original	29680
appointments. Any member appointed to fill a vacancy occurring	29681
prior to the expiration of the term for which the member's	29682
predecessor was appointed shall hold office for the remainder of	29683
that term. A member shall continue in office subsequent to the	29684
expiration date of the member's term until the member's successor	29685
takes office or until a period of sixty days has elapsed,	29686
whichever occurs first. The commission may at any time by a vote	29687
of two-thirds of all the members remove any appointed member of	29688
the commission for misfeasance, nonfeasance, or malfeasance.	29689
Members of the commission shall serve without compensation, but	29690
shall be reimbursed for the reasonable expenses incurred by them	29691
in the discharge of their duties as members of the commission.	29692

The commission shall meet at least annually and shall hold	29693
such additional meetings as are necessary to implement and	29694
administer this chapter. Additional meetings may be held at the	29695
behest of either a co-chairperson or a majority of the members.	29696
The commission shall, by adoption of internal management rules	29697
under division (B)(9) of this section, establish an executive	29698
committee and delegate to it the performance of such of the	29699
commission's duties and powers under this chapter as are required	29700
or authorized to be so delegated by that division. The commission	29701
may organize itself into such additional committees as it	29702
considers necessary or convenient to implement and administer this	29703
chapter. The director of environmental protection and the	29704
director of public safety or their designees shall serve as	29705
co-chairpersons of the commission and the executive committee.	29706
Except as otherwise provided in this chapter, a majority of the	29707
voting members of the commission constitutes a quorum and the	29708
affirmative vote of a majority of the voting members of the	29709
commission is necessary for any action taken by the commission.	29710
Meetings of the executive committee conducted for the purpose of	29711
determining whether to issue an enforcement order or request that	29712
a civil action, civil penalty action, or criminal action be	29713
brought to enforce this chapter or rules adopted or orders issued	29714
under it are not subject to section 121.22 of the Revised Code	29715
pursuant to division (D) of that section.	29716

Except for the purposes of Chapters 102. and 2921. and	29717
sections 9.86 and 109.36 to 109.366 of the Revised Code, serving	29718
as an appointed member of the commission does not constitute	29719
holding a public office or position of employment under the laws	29720
of this state and does not constitute grounds for removal of	29721
public officers or employees from their offices or positions of	29722
employment.	29723

(B) The commission shall:

29724

(1) Adopt rules in accordance with Chapter 119. of the	29725
Revised Code that are consistent with and equivalent in scope,	29726
content, and coverage to the "Emergency Planning and Community	29727
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and	29728
applicable regulations adopted under it:	29729

(a) Identifying or listing extremely hazardous substances	29730
and establishing a threshold planning quantity for each such	29731
substance. To the extent consistent with that act and applicable	29732
regulations adopted under it, the rules may establish threshold	29733
planning quantities based upon classes of those substances or	29734
categories of facilities at which such substances are present.	29735

(b) Listing hazardous chemicals, establishing threshold	29736
quantities for those chemicals, establishing categories of health	29737
and physical hazards of those chemicals, establishing criteria or	29738
procedures for identifying those chemicals and the appropriate	29739
hazard categories of those chemicals, and establishing ranges of	29740
quantities for those chemicals to be used in preparing emergency	29741
and hazardous chemical inventory forms under section 3750.08 of	29742
the Revised Code. To the extent consistent with that act and	29743
applicable regulations adopted under it, the rules may establish	29744
threshold quantities based upon classes of those chemicals or	29745
categories of facilities where those chemicals are present.	29746

To the extent consistent with that act, the threshold	29747
quantities for purposes of the submission of lists of hazardous	29748
chemicals under section 3750.07 and the submission of emergency	29749
and hazardous chemical inventory forms under section 3750.08 of	29750
the Revised Code may differ.	29751

(c) Identifying or listing hazardous substances and	29752
establishing reportable quantities of each of those substances and	29753
each extremely hazardous substance. In addition to being	29754
consistent with and equivalent in scope, content, and coverage to	29755
that act and applicable regulations adopted under it, the rules	29756
shall be consistent with and equivalent in scope, content, and	29757
coverage to regulations identifying or listing hazardous	29758
substances and reportable quantities of those substances adopted	29759
under the "Comprehensive Environmental Response, Compensation, and	29760
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as	29761
amended.	29762

(d) Prescribing the information to be included in the lists	29763
of hazardous chemicals required to be submitted under section	29764
3750.07 of the Revised Code;	29765

(e) Prescribing the information to be included in the	29766
emergency and hazardous chemical inventory forms required to be	29767
submitted under section 3750.08 of the Revised Code. If the	29768
commission establishes its own emergency and hazardous chemical	29769
inventory form, the rules shall authorize owners and operators of	29770
facilities who also have one or more facilities located outside	29771
the state for which they are required to submit inventory forms	29772
under the federal act and regulations adopted under it to submit	29773
their annual inventories on forms prescribed by the administrator	29774
of the United States environmental protection agency under that	29775
act instead of on forms prescribed by the commission and shall	29776
require those owners or operators to submit any additional	29777
information required by the commission's inventory form on an	29778
attachment to the federal form.	29779

(f) Establishing procedures for giving verbal notice of	29780
releases under section 3750.06 of the Revised Code and prescribing	29781
the information to be provided in such a notice and in the	29782
follow-up written notice required by that section;	29783

(g) Establishing standards for determining valid needs for	29784
the release of tier II information under division (B)(4) of	29785
section 3750.10 of the Revised Code;	29786

(h) Identifying the types or categories of information	29787
submitted or obtained under this chapter and rules adopted under	29788
it that constitute confidential business information;	29789

(i) Establishing criteria and procedures to protect trade	29790
secret and confidential business information from unauthorized	29791
disclosure;	29792

(j) Establishing other requirements or authorizations that	29793
the commission considers necessary or appropriate to implement,	29794
administer, and enforce this chapter.	29795

(2) Adopt rules in accordance with Chapter 119. of the	29796
Revised Code to implement and administer this chapter that may be	29797
more stringent than the "Emergency Planning and Community	29798
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and	29799
regulations adopted under it. Rules adopted under division (B)(2)	29800
of this section shall not be inconsistent with that act or the	29801
regulations adopted under it. The rules shall:	29802

(a) Prescribe the information to be included in the chemical	29803
emergency response and preparedness plans prepared and submitted	29804
by local emergency planning committees under section 3750.04 of	29805
the Revised Code;	29806

(b) Establish criteria and procedures for reviewing the	29807
chemical emergency response and preparedness plans of local	29808
emergency planning committees required by section 3750.04 of the	29809
Revised Code and the annual exercise of those plans and for	29810
providing concurrence or requesting modifications in the plans and	29811
the exercise of those plans. The criteria shall include, without	29812
limitation, the requirement that each exercise of a committee's	29813
plan involve, in addition to local emergency response and medical	29814
personnel, either a facility that is subject to the plan or a	29815
transporter of materials that are identified or listed as	29816
hazardous materials by regulations adopted under the "Hazardous	29817
Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A.	29818
1801, as amended.	29819

(c) Establish policies and procedures for maintaining	29820
information submitted to the commission and local emergency	29821
planning committees under this chapter, and for receiving and	29822
fulfilling requests from the public for access to review and to	29823
obtain copies of that information. The criteria and procedures	29824
shall include the following requirements and authorizations	29825
regarding that information and access to it:	29826

(i) Information that is protected as trade secret	29827
information or confidential business information under this	29828
chapter and rules adopted under it shall be kept in files that are	29829
separate from those containing information that is not so	29830
protected.	29831

(ii) The original copies of information submitted to the	29832
commission or committee shall not be removed from the custody and	29833
control of the commission or committee.	29834

(iii) A person who, either in person or by mail, requests to	29835
obtain a copy of a material safety data sheet submitted under this	29836
chapter by a facility owner or operator shall submit a separate	29837
application for each facility for which a material safety data	29838
sheet is being requested.	29839

(iv) A person who requests to receive by mail a copy of	29840
information submitted under this chapter by a facility owner or	29841
operator shall submit a separate application for each facility for	29842
which information is being requested and shall specify both the	29843
facility for which information is being requested and the	29844
particular types of documents requested.	29845

(v) Only employees of the commission or committee shall copy	29846
information in the files of the commission or committee.	29847

(vi) The commission or committee may require any person who	29848
requests to review or obtain a copy of information in its files to	29849
schedule an appointment for that purpose with the information	29850
coordinator of the commission or committee at least twenty-four	29851
hours before arriving at the office of the commission or committee	29852
for the review or copy.	29853

(vii) Any person who seeks access to information in the	29854
files of the commission or a local emergency planning committee	29855
shall submit a written application, either in person or by mail,	29856
to the information coordinator on a form provided by the	29857
commission or committee. The person also shall provide the	29858
person's name and current mailing address on the application and	29859
may be requested by the commission or committee to provide basic	29860
demographic information on the form to assist in the evaluation of	29861
the information access provisions of this chapter and rules	29862
adopted under it. Application forms may be obtained by mail or in	29863
person or by request by telephone at the office of the commission	29864
or committee during regular business hours. Upon receipt of a	29865
request for an application by telephone or mail, the information	29866
coordinator shall promptly mail an application to the person who	29867
requested it.	29868

(viii) The application form shall provide the applicant with	29869
a means of indicating that the applicant's name and address are to	29870
be kept confidential. If the applicant so indicates, that	29871
information is not a public record under section 149.43 of the	29872
Revised Code and shall not be disclosed to any person who is not a	29873
member or employee of the commission or committee or an employee	29874
of the environmental protection agency. When a name and address	29875
are to be kept confidential, they also shall be deleted from the	29876
copy of the application required to be placed in the file of the	29877
facility under division (B)(2)(c)(xii) of this section and shall	29878
be withheld from any log of information requests kept by the	29879
commission or committee pursuant to that division.	29880

(ix) Neither the commission nor a local emergency planning	29881
committee shall charge any fee for access to review information in	29882
its files when no copies or computer searches of that information	29883
are requested.	29884

(x) An applicant shall be informed of the cost of copying,	29885
mailing, or conducting a computer search of information on file	29886
with the commission or committee before such a copy or search is	29887
made, and the commission or committee shall collect the	29888
appropriate fees as established under section 3750.13 of the	29889
Revised Code. Each applicant shall acknowledge on the application	29890
form that the applicant is aware that the applicant will be	29891
charged for copies and computer searches of that information the	29892
applicant requests and for the costs of mailing copies of the	29893
information to the applicant.	29894

(xi) The commission or committee may require a person	29895
requesting copies of information on file with it to take delivery	29896
of them in the office of the commission or committee whenever it	29897
considers the volume of the information to be large enough to make	29898
mailing or delivery by a parcel or package delivery service	29899
impractical.	29900

(xii) When the commission or committee receives a request	29901
for access to review or obtain copies of information in its files,	29902
it shall not routinely notify the owner or operator of the	29903
facility involved, but instead shall either keep a log or file of	29904
requests for the information or shall place a copy of each	29905
completed application form in the file for the facility to which	29906
the application pertains. Such a log or file shall be available	29907
for review by the public and by the owners and operators of	29908
facilities required to submit information to the commission or	29909
committee under this chapter and rules adopted under it.	29910

(d) Require that claims for the protection, as a trade	29911
secret, of information obtained under this chapter regarding	29912
extremely hazardous substances identified or listed in rules	29913
adopted under division (B)(1)(a) of this section and hazardous	29914
chemicals identified or listed in rules adopted under division	29915
(B)(1)(b) of this section be submitted to the administrator of the	29916
United States environmental protection agency for determination	29917
under section 322 of the the "Emergency Planning and Community	29918
Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 11042, and	29919
regulations adopted under that section;	29920

(e) Establish criteria and procedures for the issuance of	29921
variances under divisions (B) and (C) of section 3750.11 of the	29922
Revised Code. The rules shall require that, before approval of an	29923
application for a variance, the commission or committee find by a	29924
preponderance of the scientific evidence based upon generally	29925
accepted scientific principles or laboratory tests that the	29926
extremely hazardous substances, hazardous chemicals, or hazardous	29927
substances that would be subject to the reporting requirement pose	29928
a substantial risk of catastrophic injury to public health or	29929
safety or to the environment, or pose an extraordinary risk of	29930
injury to emergency management personnel responding to a release	29931
of the chemicals or substances, when the substances or chemicals	29932
are present at a facility in an amount equal to or exceeding the	29933
quantity for which reporting would be required under the reporting	29934
requirement for which the variance is sought. The rules shall	29935
also require that before approval of an application for a	29936
variance, the commission or committee find by a preponderance of	29937
the evidence that the development and implementation of a local	29938
emergency response plan for releases of the substances or	29939
chemicals covered by the reporting requirement will reduce the	29940
risk of catastrophic injury to public health or safety or to the	29941
environment, or will reduce the extraordinary risk of injury to	29942
responding emergency management personnel, in the event of a	29943
release of the substances or chemicals and find by a preponderance	29944
of the evidence that the reporting requirement is necessary for	29945
the development of such a local emergency response plan. The	29946
rules shall require that when determining whether the substances	29947
or chemicals that would be subject to the reporting requirement	29948
pose a substantial risk of catastrophic injury to public health or	29949
safety or to the environment, or pose an extraordinary risk of	29950
injury to emergency management personnel responding to a release	29951
of the substance or chemical, the commission or committee consider	29952
all of the following factors:	29953

(i) The specific characteristics and degree and nature of	29954
the hazards posed by a release of the extremely hazardous	29955
substances, hazardous chemicals, or hazardous substances;	29956

(ii) The proximity of the facilities that would be subject	29957
to the reporting requirement to residential areas, to areas where	29958
significantly large numbers of people are employed or otherwise	29959
congregate, and to environmental resources that are subject to	29960
injury;	29961

(iii) The quantities of the extremely hazardous substances,	29962
hazardous chemicals, or hazardous substances that are routinely	29963
present at facilities that would be subject to the reporting	29964
requirement;	29965

(iv) The frequency with which the extremely hazardous	29966
substances, hazardous chemicals, or hazardous substances are	29967
present at the facilities that would be subject to the reporting	29968
requirement in quantities for which reporting would be required	29969
thereunder.	29970

(f) Establish criteria and procedures for the issuance of	29971
orders under division (D) of section 3750.11 of the Revised Code	29972
requiring the placement of emergency response lock box units. The	29973
rules shall require that before approval of an application for	29974
issuance of such an order, the commission or committee find by a	29975
preponderance of the scientific evidence based upon generally	29976
accepted scientific principles or laboratory tests that the	29977
presence of the extremely hazardous substances, hazardous	29978
chemicals, or hazardous substances in the quantities in which they	29979
are routinely or intermittently present at the facility for which	29980
the order is sought pose a substantial risk of catastrophic injury	29981
to public health or safety or to the environment, or pose an	29982
extraordinary risk of injury to responding emergency management	29983
personnel, in the event of a release of any of those substances or	29984
chemicals from the facility. The rules shall require that before	29985
approval of an application for issuance of such an order, the	29986
commission or committee also find by a preponderance of the	29987
evidence that the placement of an emergency response lock box unit	29988
at the facility is necessary to protect against the substantial	29989
risk of catastrophic injury to public health or safety or the	29990
environment, or to protect against an extraordinary risk of injury	29991
to responding emergency management personnel, in the event of a	29992
release of any of the extremely hazardous substances, hazardous	29993
chemicals, or hazardous substances routinely or intermittently	29994
present at the facility. The rules shall require that when	29995
determining whether the extremely hazardous substances, hazardous	29996
chemicals, or hazardous substances present at the facility pose a	29997
substantial risk of catastrophic injury to public health or safety	29998
or to the environment, or pose an extraordinary risk of injury to	29999
responding emergency management personnel, in the event of a	30000
release of any of those substances or chemicals from the facility,	30001
the commission or committee consider all of the following factors:	30002

(i) The specific characteristics and the degree and nature	30003
of the hazards posed by a release of the extremely hazardous	30004
substances, hazardous chemicals, or hazardous substances present	30005
at the facility;	30006

(ii) The proximity of the facility to residential areas, to	30007
areas where significantly large numbers of people are employed or	30008
otherwise congregate, and to environmental resources that are	30009
subject to injury;	30010

(iii) The quantities of the extremely hazardous substances,	30011
hazardous chemicals, or hazardous substances that are routinely	30012
present at the facility;	30013

(iv) The frequency with which the extremely hazardous	30014
substances, hazardous chemicals, or hazardous substances are	30015
present at the facility.	30016

(g) Establish procedures to be followed by the commission	30017
and the executive committee of the commission for the issuance of	30018
orders under this chapter.	30019

(3) In accordance with Chapter 119. of the Revised Code	30020
adopt rules establishing reportable quantities for releases of oil	30021
that are consistent with and equivalent in scope, content, and	30022
coverage to section 311 of the "Federal Water Pollution Control	30023
Act Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, as	30024
amended, and applicable regulations adopted under it;	30025

(4) Adopt rules in accordance with Chapter 119. of the	30026
Revised Code establishing criteria and procedures for identifying	30027
or listing extremely hazardous substances in addition to those	30028
identified or listed in rules adopted under division (B)(1)(a) of	30029
this section and for establishing threshold planning quantities	30030
and reportable quantities for the added extremely hazardous	30031
substances; for identifying or listing hazardous chemicals in	30032
addition to those identified or listed in rules adopted under	30033
division (B)(1)(b) of this section and for establishing threshold	30034
quantities and categories of health and physical hazards for the	30035
added hazardous chemicals; and for identifying or listing	30036
hazardous substances in addition to those identified or listed in	30037
rules adopted under division (B)(1)(c) of this section and for	30038
establishing reportable quantities for the added hazardous	30039
substances. The criteria for identifying or listing additional	30040
extremely hazardous substances and establishing threshold planning	30041
quantities and reportable quantities therefor and for identifying	30042
or listing additional hazardous chemicals and establishing	30043
threshold quantities and categories of health and physical hazards	30044
for the added hazardous chemicals shall be consistent with and	30045
equivalent to applicable criteria therefor under the "Emergency	30046
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729,	30047
42 U.S.C.A. 11001, and regulations adopted under it. The criteria	30048
for identifying additional hazardous substances and for	30049
establishing reportable quantities of the added hazardous	30050
substances shall be consistent with and equivalent to the	30051
applicable criteria for identifying or listing hazardous	30052
substances and establishing reportable quantities therefor under	30053
the "Comprehensive Environmental Response, Compensation, and	30054
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as	30055
amended, and regulations adopted under it.	30056

The rules shall require that, before identifying or listing	30057
any such additional extremely hazardous substance, hazardous	30058
chemical, or hazardous substance and establishing a threshold	30059
planning quantity, threshold quantity, or reportable quantity	30060
therefor, the commission find by a preponderance of the scientific	30061
evidence based on generally accepted scientific principles or	30062
laboratory tests that the substance or chemical poses a	30063
substantial risk of catastrophic injury to public health or safety	30064
or to the environment, or poses an extraordinary risk of injury to	30065
emergency management personnel responding to a release of the	30066
chemical or substance, when the chemical or substance is present	30067
at a facility in an amount equal to the proposed threshold	30068
planning quantity or threshold quantity or, in the instance of a	30069
proposed additional extremely hazardous substance or hazardous	30070
substance, poses a substantial risk of catastrophic injury to	30071
public health or safety or to the environment if a release of the	30072
proposed reportable quantity of the substance occurs. The rules	30073
shall further require that, before so identifying or listing a	30074
substance or chemical, the commission find by a preponderance of	30075
the evidence that the development and implementation of state or	30076
local emergency response plans for releases of the substance or	30077
chemical will reduce the risk of a catastrophic injury to public	30078
health or safety or to the environment, or will reduce the	30079
extraordinary risk of injury to responding emergency response	30080
personnel, in the event of a release of the substance or chemical	30081
and find by a preponderance of the evidence that the	30082
identification or listing of the substance or chemical is	30083
necessary for the development of state or local emergency response	30084
plans for releases of the substance or chemical. The rules shall	30085
require that the commission consider the toxicity of the substance	30086
or chemical in terms of both the short-term and long-term health	30087
effects resulting from exposure to it and its reactivity,	30088
volatility, dispersibility, combustibility, and flammability when	30089
determining the risks posed by a release of the substance or	30090
chemical and, as appropriate, when establishing a threshold	30091
planning quantity, threshold quantity, reportable quantity, or	30092
category of health or physical hazard for it.	30093

(5) Adopt rules in accordance with Chapter 119. of the	30094
Revised Code establishing criteria and procedures for receiving	30095
and deciding claims for protection of information as a trade	30096
secret that are applicable only to extremely hazardous substances	30097
and hazardous chemicals identified or listed in rules adopted	30098
under division (C)(5) of this section. The rules shall be	30099
equivalent in scope, content, and coverage to section 322 of the	30100
"Emergency Planning and Community Right-To-Know Act of 1986," 100	30101
Stat. 1747, 42 U.S.C.A. 11042, and regulations adopted under it.	30102

(6)(a) After consultation with the fire marshal, adopt rules	30103
in accordance with Chapter 119. of the Revised Code establishing	30104
standards for the construction, placement, and use of emergency	30105
response lock box units at facilities that are subject to this	30106
chapter. The rules shall establish all of the following:	30107

(i) Specific standards of construction for lock box units;

30108

(ii) The specific types of information that shall be placed	30109
in the lock box units required to be placed at a facility by an	30110
order issued under division (D) of section 3750.11 of the Revised	30111
Code, which shall include the location of on-site emergency	30112
fire-fighting and spill cleanup equipment; a diagram of the public	30113
and private water supply and sewage systems serving the facility	30114
that are known to the owner or operator of the facility; a copy of	30115
the emergency and hazardous chemical inventory form for the	30116
facility most recently required to be submitted under section	30117
3750.08 of the Revised Code from which the owner or operator may	30118
withhold information claimed or determined to be trade secret	30119
information pursuant to rules adopted under division (B)(2)(d) of	30120
this section, or pursuant to division (B)(14) of this section and	30121
rules adopted under division (B)(5) of this section, and	30122
confidential business information identified in rules adopted	30123
under division (B)(1)(h) of this section; a copy of the local fire	30124
department's and facility's emergency management plans for the	30125
facility, if any; a current list of the names, positions,	30126
addresses, and telephone numbers of all key facility personnel	30127
knowledgeable in facility safety procedures and the locations at	30128
the facility where extremely hazardous substances, hazardous	30129
chemicals, and hazardous substances are produced, used, or stored.	30130
The rules shall stipulate that, in the instance of lock box units	30131
placed voluntarily at facilities by the owners or operators of the	30132
facilities, such information shall be maintained in them as is	30133
prescribed by agreement by the owner or operator and the fire	30134
department having jurisdiction over the facility.	30135

(iii) The conditions that shall be met in order to provide	30136
safe and expedient access to a lock box unit during a release or	30137
threatened release of an extremely hazardous substance, hazardous	30138
chemical, or hazardous substance.	30139

(b) Unless the owner or operator of a facility is issued an	30140
order under division (D) of section 3750.11 of the Revised Code	30141
requiring the owner or operator to place a lock box unit at the	30142
facility, the owner or operator may place a lock box unit at the	30143
facility at the owner's or operator's discretion. If the owner or	30144
operator chooses to place a lock box unit at the facility, the	30145
responsibility to deposit information in the lock box unit is in	30146
addition to any other obligations established in this chapter.	30147

(c) Any costs associated with the purchase, construction, or	30148
placement of a lock box unit shall be paid by the owner or	30149
operator of the facility.	30150

(7) In accordance with Chapter 119. of the Revised Code,	30151
adopt rules governing the application for and awarding of grants	30152
under division (C) of section 3750.14 and division (B) of section	30153
3750.15 of the Revised Code;	30154

(8) Adopt rules in accordance with Chapter 119. of the	30155
Revised Code establishing reasonable maximum fees that may be	30156
charged by the commission and local emergency planning committees	30157
for copying information in the commission's or committee's files	30158
to fulfill requests from the public for that information;	30159

(9) Adopt internal management rules governing the operations	30160
of the commission. The internal management rules shall establish	30161
an executive committee of the commission consisting of the	30162
director of environmental protection or the director's designee,	30163
the director of public safety or the director's designee, the	30164
attorney general or the attorney general's designee, one of the	30165
appointed members of the commission representing industries	30166
subject to this chapter to be appointed by the commission, one of	30167
the appointed members of the commission representing the interests	30168
of environmental advocacy organizations to be appointed by the	30169
commission, and one other appointed member or member ex officio of	30170
the commission to be appointed by the commission. The executive	30171
committee has exclusive authority to issue enforcement orders	30172
under section 3750.18 of the Revised Code and to request the	30173
attorney general to bring a civil action, civil penalty action, or	30174
criminal action under section 3750.20 of the Revised Code in the	30175
name of the commission regarding violations of this chapter, rules	30176
adopted under it, or orders issued under it. The internal	30177
management rules may set forth the other specific powers and	30178
duties of the commission that the executive committee may exercise	30179
and carry out and the conditions under which the executive	30180
committee may do so. The internal management rules shall not	30181
authorize the executive committee to issue variances under	30182
division (B) or (C) of section 3750.11 of the Revised Code or	30183
orders under division (D) of that section.	30184

(10) Oversee and coordinate the implementation and	30185
enforcement of this chapter and make such recommendations to the	30186
director of environmental protection and the director of public	30187
safety as it considers necessary or appropriate to improve the	30188
implementation and enforcement of this chapter;	30189

(11) Make allocations of moneys under division (B) of	30190
section 3750.14 of the Revised Code and make grants under division	30191
(C) of section 3750.14 and division (B) of section 3750.15 of the	30192
Revised Code;	30193

(12) Designate an officer of the environmental protection	30194
agency to serve as the commission's information coordinator under	30195
this chapter;	30196

(13) Not later than December 14, 1989, develop and	30197
distribute a state emergency response plan that defines the	30198
emergency response roles and responsibilities of the state	30199
agencies that are represented on the commission and that provides	30200
appropriate coordination with the national contingency plan and	30201
the regional contingency plan required by section 105 of the	30202
"Comprehensive Environmental Response, Compensation, and Liability	30203
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended. The	30204
plan shall ensure a well-coordinated response by state agencies	30205
that may be involved in assisting local emergency responders	30206
during a major release of oil or a major sudden and accidental	30207
release of a hazardous substance or extremely hazardous substance.	30208
The plan may incorporate existing state emergency response plans	30209
by reference. At least annually, the commission and the state	30210
agencies that are represented on it shall jointly exercise the	30211
state plan in conjunction with the exercise of a local emergency	30212
response plan by a local emergency planning committee under	30213
section 3750.04 of the Revised Code. After any such exercise, the	30214
commission shall review the state plan and make such revisions in	30215
it as the commission considers necessary or appropriate.	30216

(14) Receive and decide claims for the protection of	30217
information as a trade secret that pertain only to extremely	30218
hazardous substances and hazardous chemicals identified or listed	30219
by rules adopted under division (C)(5) of this section. If the	30220
commission determines that the claim meets the criteria	30221
established in rules adopted under division (B)(5) of this	30222
section, it shall issue an order to that effect in accordance with	30223
section 3750.18 of the Revised Code. If the commission determines	30224
that the claim does not meet the criteria established in those	30225
rules, it shall issue an order to that effect in accordance with	30226
section 3750.18 of the Revised Code.	30227

(15) Annually compile, make available to the public, and	30228
submit to the president of the senate and the speaker of the house	30229
of representatives a summary report on the number of facilities	30230
estimated to be subject to regulation under sections 3750.05,	30231
3750.07, and 3750.08 of the Revised Code, the number of facilities	30232
reporting to the commission, an estimate of the percentage of	30233
facilities in compliance with those sections, and recommendations	30234
regarding the types of activities the commission considers	30235
necessary to improve such compliance. The commission shall base	30236
its estimate of the number of facilities that are subject to	30237
regulation under those sections on the current estimates provided	30238
by the local emergency planning committees under division (D)(6)	30239
of section 3750.03 of the Revised Code.	30240

(C) The commission may:

30241

(1) Procure by contract the temporary or intermittent	30242
services of experts or consultants when those services are to be	30243
performed on a part-time or fee-for-service basis and do not	30244
involve the performance of administrative duties;	30245

(2) Enter into contracts or agreements with political	30246
subdivisions or emergency planning districts for the purposes of	30247
this chapter;	30248

(3) Accept on behalf of the state any gift, grant, or	30249
contribution from any governmental or private source for the	30250
purposes of this chapter;	30251

(4) Enter into contracts, agreements, or memoranda of	30252
understanding with any state department, agency, board,	30253
commission, or institution to obtain the services of personnel	30254
thereof or utilize resources thereof for the purposes of this	30255
chapter. Employees of a state department, agency, board,	30256
commission, or institution providing services to the commission	30257
under any such contract, agreement, or memorandum shall perform	30258
only those functions and provide only the services provided for in	30259
the contract, agreement, or memorandum.	30260

(5) Identify or list extremely hazardous substances in	30261
addition to those identified or listed in rules adopted under	30262
division (B)(1)(a) of this section and establish threshold	30263
planning quantities and reportable quantities for the additional	30264
extremely hazardous substances, identify or list hazardous	30265
chemicals in addition to those identified or listed in rules	30266
adopted under division (B)(1)(b) of this section and establish	30267
threshold quantities and categories or health and physical hazards	30268
for the added chemicals, and identify or list hazardous substances	30269
in addition to those identified or listed in rules adopted under	30270
division (B)(1)(c) of this section and establish reportable	30271
quantities for the added hazardous substances. The commission may	30272
establish threshold planning quantities for the additional	30273
extremely hazardous substances based upon classes of those	30274
substances or categories of facilities at which they are present	30275
and may establish threshold quantities for the additional	30276
hazardous chemicals based upon classes of those chemicals or	30277
categories of facilities where they are present. The commission	30278
shall identify or list such additional substances or chemicals and	30279
establish threshold planning quantities, threshold quantities,	30280
reportable quantities, and hazard categories therefor in	30281
accordance with the criteria and procedures established in rules	30282
adopted under division (B)(4) of this section and, after	30283
compliance with those criteria and procedures, by the adoption of	30284
rules in accordance with Chapter 119. of the Revised Code. The	30285
commission shall not adopt rules under division (C)(5) of this	30286
section modifying any threshold planning quantity established in	30287
rules adopted under division (B)(1)(a) of this section, any	30288
threshold quantity established in rules adopted under division	30289
(B)(1)(b) of this section, or any reportable quantity established	30290
in rules adopted under division (B)(1)(c) of this section.	30291

If, after the commission has adopted rules under division	30292
(C)(5) of this section identifying or listing an extremely	30293
hazardous substance, hazardous chemical, or hazardous substance,	30294
the administrator of the United States environmental protection	30295
agency identifies or lists the substance or chemical as an	30296
extremely hazardous substance or hazardous chemical under the	30297
"Emergency Planning and Community Right-To-Know Act of 1986," 100	30298
Stat. 1729, 42 U.S.C.A. 11001, or identifies or lists a substance	30299
as a hazardous substance under the "Comprehensive Environmental	30300
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779,	30301
42 U.S.C.A. 9602, as amended, the commission shall rescind its	30302
rules adopted under division (C)(5) of this section pertaining to	30303
the substance or chemical and adopt the appropriate rules under	30304
division (B)(1)(a), (b), or (c) of this section.	30305

(6) From time to time, request the director of environmental	30306
protection and the executive director of the emergency management	30307
agency to review implementation, administration, and enforcement	30308
of the chemical emergency response planning and reporting programs	30309
created by this chapter and rules adopted under it regarding their	30310
effectiveness in preparing for response to releases of extremely	30311
hazardous substances, hazardous chemicals, and hazardous	30312
substances. After completion of any such review, the director of	30313
environmental protection and the director of public safety shall	30314
report their findings to the commission. Upon receipt of their	30315
findings, the commission may make such recommendations for	30316
legislative and administrative action as the commission finds	30317
necessary or appropriate to promote achievement of the purposes of	30318
this chapter.	30319

(D) Except as provided in section 3750.06 of the Revised	30320
Code, nothing in this chapter applies to the transportation,	30321
including the storage incident to transportation, of any substance	30322
or chemical subject to the requirements of this chapter, including	30323
the transportation and distribution of natural gas.	30324

(E) This chapter authorizes the state, through the emergency	30325
response commission, the department of public safety, and the	30326
environmental protection agency, to establish and maintain	30327
chemical emergency response planning and preparedness, community	30328
right-to-know, and hazardous substance and extremely hazardous	30329
substance release reporting programs that are consistent with and	30330
equivalent in scope, coverage, and content to the "Emergency	30331
Planning and Community Right-To-Know Act of 1986," 100 Stat. 1729,	30332
42 U.S.C.A. 11001, and regulations adopted under it, except as	30333
otherwise specifically required or authorized in this chapter. The	30334
commission, department, and agencies may do all things necessary,	30335
incidental, or appropriate to implement, administer, and enforce	30336
this chapter and to perform the duties and exercise the powers of	30337
the state emergency response commission under that act and	30338
regulations adopted under it and under this chapter.	30339

Sec. 3750.081. (A) Notwithstanding any provision in this	30340
chapter to the contrary, an owner or operator of a facility that	30341
is regulated under Chapter 1509. of the Revised Code who has filed	30342
a log in accordance with section 1509.10 of the Revised Code and a	30343
production statement in accordance with section 1509.11 of the	30344
Revised Code shall be deemed to have satisfied all of the	30345
inventory, notification, listing, and other submission and filing	30346
requirements established under this chapter, except for the	30347
release reporting requirements established under section 3750.06	30348
of the Revised Code.	30349

(B) The emergency response commission and every local	30350
emergency planning committee and fire department in this state	30351
shall establish a means by which to access, view, and retrieve	30352
information, through the use of the internet or a computer disk,	30353
from the electronic database maintained by the division of mineral	30354
resources management in the department of natural resources in	30355
accordance with section 1509.23 of the Revised Code. With respect	30356
to facilities regulated under Chapter 1509. of the Revised Code,	30357
the database shall be the means of providing and receiving the	30358
information described in division (A) of this section.	30359

Sec. 3750.13.  (A)(1) Except as provided in division (A)(3)	30360
or (4) of this section, the owner or operator of a facility	30361
required to annually file an emergency and hazardous chemical	30362
inventory form under section 3750.08 of the Revised Code shall	30363
submit with the inventory form a filing fee of one hundred fifty	30364
dollars. In addition to the filing fee, the owner or operator	30365
shall submit with the inventory form the following additional fees	30366
for reporting inventories of the individual hazardous chemicals	30367
and extremely hazardous substances produced, used, or stored at	30368
the facility:	30369

(a) Except as provided in division (A)(1)(b) of this	30370
section, an additional fee of tentwenty dollars per hazardous	30371
chemical enumerated on the inventory form in excess of five;	30372

(b) An additional fee of one hundred fifty dollars per	30373
extremely hazardous substance enumerated on the inventory form.	30374
The fee established in division (A)(1)(a) of this section does not	30375
apply to the reporting of the inventory of a hazardous chemical	30376
that is also an extremely hazardous substance to which the	30377
inventory reporting fee established in division (A)(1)(b) of this	30378
section applies.	30379

The total fees required to accompany any inventory form shall	30380
not exceed twenty-five hundred dollars.	30381

(2) An owner or operator of a facility who fails to submit	30382
such an inventory form within thirty days after the applicable	30383
filing date prescribed in section 3750.08 of the Revised Code	30384
shall submit with the inventory form a late filing fee in the	30385
amount of fifteenten per cent per year of the total fees due	30386
under division (A)(1) or (4) of this section, in addition to the	30387
fees due under division (A)(1) or (4) of this section. The late	30388
filing fee shall be compounded every three months until the total	30389
fees due under division (A)(1) or (4) of this section are	30390
submitted to the emergency response commission.	30391

(3) The owner or operator of a facility who, during the	30392
preceding year, was required to pay a fee to a municipal	30393
corporation pursuant to an ordinance, rule, or requirement that	30394
was in effect on the effective date of this section for the	30395
reporting or providing of the names or amounts of extremely	30396
hazardous substances or hazardous chemicals produced, used, or	30397
stored at the facility may claim a credit against the fees due	30398
under division (A)(1) or (4) of this section for the fees paid to	30399
the municipal corporation pursuant to its reporting requirement.	30400
The amount of the credit claimed in any reporting year shall not	30401
exceed the amount of the fees due under division (A)(1) or (4) of	30402
this section during that reporting year, and no unused portion of	30403
the credit shall be carried over to subsequent years. In order to	30404
claim a credit under this division, the owner or operator shall	30405
submit with the emergency and hazardous chemical inventory form a	30406
receipt issued by the municipal corporation or other documentation	30407
acceptable to the commission indicating the amount of the fee paid	30408
to the municipal corporation and the date on which the fee was	30409
paid.	30410

(4) An owner or operator who is regulated under Chapter	30411
1509. of the Revised Code and who submits inventory forms	30412
information under section 1509.11 of the Revised Code for not more	30413
than thirty-fivetwenty-five facilities that meet all of the	30414
following conditions shall submit with the formsto the emergency	30415
response commission on or before the first day of March a flat fee	30416
of twenty-fivefifty dollars if the facilities meet all of the	30417
following conditions:	30418

(a) The facility exclusively stores crude oil or liquid	30419
hydrocarbons or other fluids resulting, obtained, or produced in	30420
connection with the production or storage of crude oil or natural	30421
gas.	30422

(b) The crude oil, liquid hydrocarbons, or other fluids	30423
stored at the facility are conveyed directly to it through piping	30424
or tubing.	30425

(c) The facility is located on the same site as, or on a	30426
site adjacent to, the well from which the crude oil, liquid	30427
hydrocarbons, or other fluids are produced or obtained.	30428

(d) The facility is used for the storage of the crude oil,	30429
liquid hydrocarbons, or other fluids prior to their transportation	30430
off the premises of the facility for sale, use, or disposal.	30431

An owner or operator who submits inventory formsinformation	30432
for more than thirty-fivetwenty-five facilities that meet all of	30433
the conditions prescribed in divisions (A)(4)(a) to (d) of this	30434
section shall submit to the commission a base fee of twenty-five	30435
fifty dollars in addition to aand an additional filing fee of ten	30436
dollars for each facility reported in excess of thirty-five	30437
twenty-five, but not exceeding a total fee of sevennine hundred	30438
dollars. An owner or operator of such facilities shall submit the	30439
forms for all such facilities owned or operated by him in this	30440
state to the commission at the same time together with the	30441
applicable fee under division (A)(4) of this section.	30442

As used in division (A)(4) of this section, "owner or	30443
operator" means the person who actually owns or operates any such	30444
facility and any other person who controls, is controlled by, or	30445
is under common control with the person who actually owns or	30446
operates the facility.	30447

(B) The emergency response commission and the local	30448
emergency planning committee of an emergency planning district may	30449
establish fees to be paid by persons, other than public officers	30450
or employees, obtaining copies of documents or information	30451
submitted to the commission or a committee under this chapter. The	30452
fees shall be established at a level calculated to defray the	30453
costs to the commission or committee for copying the documents or	30454
information, but shall not exceed the maximum fees established in	30455
rules adopted under division (B)(8) of section 3750.02 of the	30456
Revised Code.	30457

(C) Except as provided in this division and division (B) of	30458
this section, and except for fees authorized by section 3737.22 of	30459
the Revised Code or rules adopted under sections 3737.82 to	30460
3737.882 of the Revised Code and collected exclusively for either	30461
of those purposes, no committee or political subdivision shall	30462
levy any fee, tax, excise, or other charge to carry out the	30463
purposes of this chapter. A committee may charge the actual costs	30464
involved in accessing any computerized data base established by	30465
the commission under this chapter or by the United States	30466
environmental protection agency under the "Emergency Planning and	30467
Community Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A.	30468
11001.	30469

(D) Moneys collected by the commission under this section	30470
shall be credited to the emergency planning and community	30471
right-to-know fund created in section 3750.14 of the Revised Code.	30472

Sec. 3769.08.  (A) Any person holding a permit to conduct a	30473
horse-racing meeting may provide a place in the race meeting	30474
grounds or enclosure at which the permit holder may conduct and	30475
supervise the pari-mutuel system of wagering by patrons of legal	30476
age on the live racing programs and simulcast racing programs	30477
conducted by suchthe permit holder.	30478

SuchThe pari-mutuel method of wagering upon the live racing	30479
programs and simulcast racing programs held at or conducted within	30480
such race track, and at the time of such horse-racing meeting, or	30481
at other times authorized by the state racing commission, shall	30482
not be unlawful. No other place, except that provided and	30483
designated by the permit holder and except as provided in section	30484
3769.26 of the Revised Code, nor any other method or system of	30485
betting or wagering, except the pari-mutuel system, shall be used	30486
or permitted by the permit holder; nor, except as provided in	30487
section 3769.089 or 3769.26 of the Revised Code, shall the	30488
pari-mutuel system of wagering be conducted by the permit holder	30489
on any races except the races at the race track, grounds, or	30490
enclosure for which the person holds a permit. Each permit holder	30491
may retain as a commission an amount not to exceed eighteen per	30492
cent of the total of all moneys wagered.	30493

The pari-mutuel wagering authorized by this section is	30494
subject to sections 3769.25 to 3769.273769.28 of the Revised	30495
Code.	30496

(B) At the close of each racing day, each permit holder	30497
authorized to conduct thoroughbred racing, out of the amount	30498
retained on that day by the permit holder, shall pay by check,	30499
draft, or money order to the tax commissioner, as a tax, a sum	30500
equal to the following percentages of the total of all moneys	30501
wagered on live racing programs on that day and shall separately	30502
compute and pay by check, draft, or money order to the tax	30503
commissioner, as a tax, a sum equal to the following percentages	30504
of the total of all money wagered on simulcast racing programs on	30505
that day:	30506

(1) One per cent of the first two hundred thousand dollars	30507
wagered, or any part thereofof that amount;	30508

(2) Two per cent of the next one hundred thousand dollars	30509
wagered, or any part thereofof that amount;	30510

(3) Three per cent of the next one hundred thousand dollars	30511
wagered, or any part thereofof that amount;	30512

(4) Four per cent of all sums over four hundred thousand	30513
dollars wagered.	30514

Except as otherwise provided in section 3769.089 of the	30515
Revised Code, each permit holder authorized to conduct	30516
thoroughbred racing shall use for purse money a sum equal to fifty	30517
per cent of the pari-mutuel revenues retained by the permit holder	30518
as a commission after payment of the state tax. This fifty per	30519
cent payment shall be in addition to the purse distribution from	30520
breakage specified in this section.	30521

Subject to division (M) of this section, from the moneys paid	30522
to the tax commissioner by thoroughbred-racingthoroughbred racing	30523
permit holders, one-half of one per cent of the total of all	30524
moneys so wagered on a racing day shall be paid into the Ohio	30525
fairs fund created by section 3769.082 of the Revised Code, one	30526
and one-eighth per cent of the total of all moneys so wagered on a	30527
racing day shall be paid into the Ohio thoroughbred race fund	30528
created by section 3769.083 of the Revised Code, and one-quarter	30529
of one per cent of the total of all moneys wagered on a racing day	30530
by each permit holder shall be paid into the state racing	30531
commission operating fund created by section 3769.03 of the	30532
Revised Code. The required payment to the state racing commission	30533
operating fund does not apply to county and independent fairs and	30534
agricultural societies. The remaining moneys may be retained by	30535
the permit holder, except as provided in this section with respect	30536
to the odd cents redistribution. Amounts paid into the PASSPORT	30537
fund shall be used solely for the support of the PASSPORT program	30538
as determined in appropriations made by the general assembly. If	30539
the PASSPORT program is abolished, the amount that would have been	30540
paid to the PASSPORT fund under this chapter shall be paid to the	30541
general revenue fund of the state. As used in this chapter,	30542
"PASSPORT program" means the PASSPORT program created under	30543
section 173.40 of the Revised Code.	30544

During calendar year 1994, theThe total amount paid to the	30545
Ohio thoroughbred race fund under this section and division (A) of	30546
section 3769.087 of the Revised Code shall not exceed by more than	30547
six per cent the total amount paid to this fund under this section	30548
and that section during calendar year 1990. During each calendar	30549
year after calendar year 1994, the total amount paid to this fund	30550
under this section and that section shall not exceed by more than	30551
six per cent the total amount paid to this fund under this section	30552
and that section during the immediately preceding calendar year.	30553

Each year, the total amount calculated for payment into the	30554
Ohio fairs fund under this division, division (C) of this section,	30555
and division (A) of section 3769.087 of the Revised Code shall be	30556
an amount calculated using the percentages specified in this	30557
division, division (C) of this section, and division (A) of	30558
section 3769.087 of the Revised Code. Until January 1, 1996, the	30559
total amount actually paid into the Ohio fairs fund under this	30560
division, division (C) of this section, and section 3769.087 of	30561
the Revised Code during each calendar year shall not exceed the	30562
total amount that was actually paid into that fund under this	30563
division, division (C) of this section, and section 3769.087 of	30564
the Revised Code during calendar year 1990, plus five hundred	30565
thousand dollars. Beginning on January 1, 1996, and continuing	30566
through December 31, 1998, the total amount actually paid into the	30567
Ohio fairs fund during each calendar year under this division,	30568
division (C) of this section, and section 3769.087 of the Revised	30569
Code shall not exceed by more than five per cent an amount equal	30570
to the total amount actually paid into the Ohio fairs fund during	30571
the immediately preceding calendar year.	30572

A permit holder may contract with a thoroughbred horsemen's	30573
organization for the organization to act as a representative of	30574
all thoroughbred owners and trainers participating in a	30575
horse-racing meeting conducted by the permit holder. A	30576
"thoroughbred horsemen's organization" is any corporation or	30577
association that represents, through membership or otherwise, more	30578
than one-half of the aggregate of all thoroughbred owners and	30579
trainers who were licensed and actively participated in racing	30580
within this state during the preceding calendar year. Except as	30581
otherwise provided in this paragraph, any moneys received by a	30582
thoroughbred horsemen's organization shall be used exclusively for	30583
the benefit of thoroughbred owners and trainers racing in this	30584
state through the administrative purposes of the organization,	30585
benevolent activities on behalf of the horsemen, promotion of the	30586
horsemen's rights and interests, and promotion of equine research.	30587
A thoroughbred horsemen's organization may expend not more than an	30588
aggregate of five per cent of its annual gross receipts, or a	30589
larger amount as approved by the organization, for dues,	30590
assessments, and other payments to all other local, national, or	30591
international organizations having as their primary purposes the	30592
promotion of thoroughbred horse racing, thoroughbred horsemen's	30593
rights, and equine research.	30594

(C) Except as otherwise provided in division (B) of this	30595
section, at the close of each racing day, each permit holder	30596
authorized to conduct harness or quarter horse racing, out of the	30597
amount retained that day by the permit holder, shall pay by check,	30598
draft, or money order to the tax commissioner, as a tax, a sum	30599
equal to the following percentages of the total of all moneys	30600
wagered on live racing programs and shall separately compute and	30601
pay by check, draft, or money order to the tax commissioner, as a	30602
tax, a sum equal to the following percentages of the total of all	30603
money wagered on simulcast racing programs on that day:	30604

(1) One per cent of the first two hundred thousand dollars	30605
wagered, or any part thereofof that amount;	30606

(2) Two per cent of the next one hundred thousand dollars	30607
wagered, or any part thereofof that amount;	30608

(3) Three per cent of the next one hundred thousand dollars	30609
wagered, or any part thereofof that amount;	30610

(4) Four per cent of all sums over four hundred thousand	30611
dollars wagered.	30612

Except as otherwise provided in division (B) and subject to	30613
division (M) of this section, from the moneys paid to the tax	30614
commissioner by permit holders authorized to conduct harness or	30615
quarter horse racing, one-half of one per cent of all moneys	30616
wagered on that racing day shall be paid into the Ohio fairs fund;	30617
from the moneys paid to the tax commissioner by permit holders	30618
authorized to conduct harness racing, five-eighths of one per cent	30619
of all moneys wagered on that racing day shall be paid into the	30620
Ohio standardbred development fund; and from the moneys paid to	30621
the tax commissioner by permit holders authorized to conduct	30622
quarter horse racing, five-eighths of one per cent of all moneys	30623
wagered on that racing day shall be paid into the Ohio quarter	30624
horse development fund.	30625

(D) In addition, subject to division (M) of this section,	30626
beginning on January 1, 1996, from the money paid to the tax	30627
commissioner as a tax under this section and division (A) of	30628
section 3769.087 of the Revised Code by harness horse permit	30629
holders, one-half of one per cent of the amount wagered on a	30630
racing day shall be paid into the Ohio standardbred development	30631
fund. Beginning January 1, 1998, the payment to the Ohio	30632
standardbred development fund required under this division (D) of	30633
this section does not apply to county agricultural societies or	30634
independent agricultural societies.	30635

During calendar year 1994, theThe total amount paid to the	30636
Ohio standardbred development fund under this division, division	30637
(C) of this section, and division (A) of section 3769.087 of the	30638
Revised Code and the total amount paid to the Ohio quarter horse	30639
development fund under this division and division (A) of that	30640
section shall not exceed by more than six per cent the total	30641
amount paid to each of these funds under this division and that	30642
section during calendar year 1990. During each calendar year	30643
after calendar year 1994, the total amount paid to each of these	30644
funds shall not exceed by more than six per cent the total amount	30645
paid into the fund under this division, division (C) of this	30646
section, and division (A) of section 3769.087 of the Revised Code	30647
in the immediately preceding calendar year.	30648

(E) Subject to division (M) of this section, from the money	30649
paid as a tax under this chapter by harness and quarter horse	30650
permit holders, one-quarter of one per cent of the total of all	30651
moneys wagered on a racing day by each permit holder shall be paid	30652
into the state racing commission operating fund created by section	30653
3769.03 of the Revised Code. This division does not apply to	30654
county and independent fairs and agricultural societies.	30655

(F) Except as otherwise provided in section 3769.089 of the	30656
Revised Code, each permit holder authorized to conduct harness	30657
racing shall patpay to the harness horsemen's purse pool a sum	30658
equal to fifty per cent of the pari-mutuel revenues retained by	30659
the permit holder as a commission after payment of the state tax.	30660
This fifty per cent payment is to be in addition to the purse	30661
distribution from breakage specified in this section.	30662

(G) In addition, each permit holder authorized to conduct	30663
harness racing shall be allowed to retain the odd cents of all	30664
redistribution to be made on all mutual contributions exceeding a	30665
sum equal to the next lowest multiple of ten.	30666

Forty per cent of that portion of that total sum of such odd	30667
cents shall be used by the permit holder for purse money for Ohio	30668
sired, bred, and owned colts, for purse money for Ohio bred	30669
horses, and for increased purse money for horse races. Upon the	30670
formation of the corporation described in section 3769.21 of the	30671
Revised Code to establish a harness horsemen's health and	30672
retirement fund, twenty-five per cent of that portion of that	30673
total sum of odd cents shall be paid at the close of each racing	30674
day by the permit holder to suchthat corporation to establish and	30675
fund the health and retirement fund. Until suchthat corporation	30676
is formed, suchthat twenty-five per cent shall be paid at the	30677
close of each racing day by the permit holder to the tax	30678
commissioner or the tax commissioner's agent in the county seat of	30679
the county in which the permit holder operates race meetings. The	30680
remaining thirty-five per cent of that portion of that total sum	30681
of odd cents shall be retained by the permit holder.	30682

(H) In addition, each permit holder authorized to conduct	30683
thoroughbred racing shall be allowed to retain the odd cents of	30684
all redistribution to be made on all mutuel contributions	30685
exceeding a sum equal to the next lowest multiple of ten. Twenty	30686
per cent of that portion of that total sum of such odd cents shall	30687
be used by the permit holder for increased purse money for horse	30688
races. Upon the formation of the corporation described in section	30689
3769.21 of the Revised Code to establish a thoroughbred horsemen's	30690
health and retirement fund, forty-five per cent of that portion of	30691
that total sum of odd cents shall be paid at the close of each	30692
racing day by the permit holder to suchthat corporation to	30693
establish and fund the health and retirement fund. Until such	30694
that corporation is formed, suchthat forty-five per cent shall be	30695
paid by the permit holder to the tax commissioner or the tax	30696
commissioner's agent in the county seat of the county in which the	30697
permit holder operates race meetings, at the close of each racing	30698
day. The remaining thirty-five per cent of that portion of that	30699
total sum of odd cents shall be retained by the permit holder.	30700

(I) In addition, each permit holder authorized to conduct	30701
quarter horse racing shall be allowed to retain the odd cents of	30702
all redistribution to be made on all mutuel contributions	30703
exceeding a sum equal to the next lowest multiple of ten, subject	30704
to a tax of twenty-five per cent on that portion of the total sum	30705
of such odd cents that is in excess of two thousand dollars during	30706
a calendar year, which tax shall be paid at the close of each	30707
racing day by the permit holder to the tax commissioner or the tax	30708
commissioner's agent in the county seat of the county within which	30709
the permit holder operates race meetings. Forty per cent of that	30710
portion of that total sum of such odd cents shall be used by the	30711
permit holder for increased purse money for horse races. The	30712
remaining thirty-five per cent of that portion of that total sum	30713
of odd cents shall be retained by the permit holder.	30714

(J)(1) To encourage the improvement of racing facilities for	30715
the benefit of the public, breeders, and horse owners, and to	30716
increase the revenue to the state from the increase in pari-mutuel	30717
wagering resulting from suchthose improvements, the taxes paid by	30718
a permit holder to the state as provided for in this chapter shall	30719
be reduced by three-fourths of one per cent of the total amount	30720
wagered for those permit holders who make capital improvements to	30721
existing race tracks or construct new race tracks. The percentage	30722
of the reduction that may be taken each racing day shall equal	30723
seventy-five per cent of the taxtaxes levied under divisions (B)	30724
and (C) of this section and section 3769.087 of the Revised Code,	30725
and division (F)(2) of section 3769.26 of the Revised Code, as	30726
applicable, divided by the calculated amount each fund should	30727
receive under divisions (B) and (C) of this section and section	30728
3769.087 of the Revised Code, and division (F)(2) of section	30729
3769.26 of the Revised Code and the reduction provided for in this	30730
division. If the resulting percentage is less than one, that	30731
percentage shall be multiplied by the amount of the reduction	30732
provided for in this division. Otherwise, the permit holder shall	30733
receive the full reduction provided for in this division. The	30734
amount of the allowable reduction not received shall be carried	30735
forward and applied against future tax liability. After any	30736
reductions expire, any reduction carried forward shall be treated	30737
as a reduction as provided for in this division. If	30738

If more than one permit holder is authorized to conduct	30739
racing at the facility that is being built or improved, the cost	30740
of the new race track or capital improvement shall be allocated	30741
between or among all the permit holders in the ratio that the	30742
permit holders' number of racing days bears to the total number of	30743
racing days conducted at the facility. Such	30744

A reduction for a new race track or a capital improvement	30745
shall start from the day racing is first conducted following the	30746
date actual construction of the new race track or each capital	30747
improvement is completed and the construction cost has been	30748
certifiedapproved by the racing commission, unless otherwise	30749
provided in this section. SuchA reduction for a new race track or	30750
a capital improvement shall continue for a period of twenty-five	30751
years for new race tracks and for fifteen years for new capital	30752
improvements if the construction of the capital improvement or new	30753
race track commenced prior to March 29, 1988, and for a period of	30754
ten years for new race tracks or new capital improvements if the	30755
construction of the capital improvement or new race track	30756
commenced on or after March 29, 1988, but before the effective	30757
date of this amendment, or until the total tax reduction reaches	30758
seventy per cent of the approved cost of the new race track or new	30759
capital improvement, as allocated to each permit holder, whichever	30760
occurs first. The taxA reduction for a new race track or a	30761
capital improvement approved after the effective date of this	30762
amendment shall continue until the total tax reduction reaches one	30763
hundred per cent of the approved cost of the new race track or	30764
capital improvement, as allocated to each permit holder.	30765

A reduction granted for anya new race track or a capital	30766
improvement, the application for which was approved by the racing	30767
commission after March 29, 1988, but before the effective date of	30768
this amendment, shall not commence nor shall the ten-year period	30769
begin to run until all prior tax reductions with respect to the	30770
same race track have ended. The total tax reduction because of	30771
capital improvements shall not during any one year exceed for all	30772
permit holders using any one track three-fourths of one per cent	30773
of the total amount wagered, regardless of the number of capital	30774
improvements made. Several capital improvements to a race track	30775
may be consolidated in an application if the racing commission	30776
approved the application prior to March 29, 1988. No permit	30777
holder may receive a tax reduction for a capital improvement	30778
approved by the racing commission on or after March 29, 1988, at a	30779
race track until all tax reductions have ended for all prior	30780
capital improvements approved by the racing commission under this	30781
section or section 3769.20 of the Revised Code at that race track.	30782
If there are two or more permit holders operating meetings at the	30783
same track, they may consolidate their applications. The racing	30784
commission shall notify the tax commissioner when the diminution	30785
reduction of tax begins and when it ends. Each	30786

Each fiscal year the racing commission shall submit a report	30787
to the tax commissioner, the office of budget and management, and	30788
the legislative budget office of the legislative service	30789
commission. The report shall identify each capital improvement	30790
project undertaken under this division and in progress at each	30791
race track, indicate the total cost of each such project, state	30792
the tax reduction that resulted from each such project during the	30793
immediately preceding fiscal year, estimate the tax reduction that	30794
will result from each such project during the current fiscal year,	30795
state the total tax reduction that resulted from all such projects	30796
at all race tracks during the immediately preceding fiscal year,	30797
and estimate the total tax reduction that will result from all	30798
such projects at all race tracks during the current fiscal year.	30799

(2) In order to qualify for the reduction in tax, a permit	30800
holder shall apply to the racing commission in such form as the	30801
commission may require and shall provide full details of the new	30802
racingrace track or capital improvement, including a schedule for	30803
its construction and completion, and set forth the costs and	30804
expenses incurred in connection therewithwith it. The racing	30805
commission shall not approve an application unless the permit	30806
holder shows that a contract for the new race track or capital	30807
improvement has been let under an unrestricted competitive bidding	30808
procedure, unless the contract is exempted by the controlling	30809
board because of its unusual nature. In determining whether to	30810
approve an application, the racing commission shall consider	30811
whether the new race track or capital improvement will promote the	30812
safety, convenience, and comfort of the racing public and horse	30813
owners and generally tend towards the improvement of racing in	30814
this state.	30815

(3) If a new race track or capital improvement is approved	30816
by the racing commission and construction has started, the tax	30817
adjustmentreduction may be authorized by the commission upon	30818
presentation of copies of paid bills in excess of one hundred	30819
thousand dollars or ten per cent of the approved cost, whichever	30820
is greater. After the initial authorization, the permit holder	30821
shall present copies of paid bills. If the permit holder is in	30822
substantial compliance with the schedule for construction and	30823
completion of the new race track or capital improvement, the	30824
racing commission may authorize the continuation of the tax	30825
adjustmentreduction upon the presentation of suchthe additional	30826
paid bills. The total amount of the tax adjustmentreduction	30827
authorized shall not exceed seventy per centthe percentage of the	30828
approved cost of the new race track or capital improvement	30829
specified in division (J)(1) of this section. The racing	30830
commission may terminate any tax adjustmentreduction immediately	30831
if a permit holder fails to complete the new race track or capital	30832
improvement, or to substantially comply with the schedule for	30833
construction and completion of the new race track or capital	30834
improvement. If a permit holder fails to complete a new race	30835
track or capital improvement, the racing commission shall order	30836
the permit holder to repay to the state the total amount of tax	30837
reduced. The normal tax paid by the permit holder shall be	30838
increased by three-fourths of one per cent of the total amount	30839
wagered until the total amount of the additional tax collected	30840
equals the total amount of tax reduced.	30841

(4) As used in this section, "capital:

30842

(a) "Capital improvement" means an addition, replacement, or	30843
remodeling of a structural unit of a race track facility costing	30844
at least one hundred thousand dollars, including, but not limited	30845
to, the construction of barns used exclusively for suchthe race	30846
track facility, backstretch facilities for horsemen, paddock	30847
facilities, new pari-mutuel and totalizator equipment and	30848
appurtenances theretoto that equipment purchased by the track,	30849
new access roads, new parking areas, the complete reconstruction,	30850
reshaping, and leveling of the race trackracing surface and	30851
appurtenances, the installation of permanent new heating or air	30852
conditioning, androof replacement or restoration, installations	30853
of a permanent nature forming a part of the track structure, and	30854
construction of buildings that are located on a permit holder's	30855
premises. "Capital improvement" does not include the cost of	30856
replacement of equipment that is not permanently installed,	30857
ordinary repairs, painting, and maintenance required to keep a	30858
race track facility in ordinary operating condition. "New	30859

(b) "New race track" or "new racing track" includes the	30860
reconstruction of a race track damaged by fire or other cause that	30861
has been declared by the racing commission, as a result of the	30862
damage, to be an inadequate facility for the safe operation of	30863
horse racing.	30864

(c) "Approved cost" includes all debt service and interest	30865
costs that are associated with a capital improvement or new race	30866
track and that the racing commission approves for a tax reduction	30867
under division (J) of this section.	30868

(5) The racing commission shall not approve an application	30869
for a tax reduction under this section if it has reasonable cause	30870
to believe that the actions or negligence of the permit holder	30871
substantially contributed to the damage suffered by the track due	30872
to fire or other cause. The racing commission shall obtain any	30873
data or information available from a fire marshal, law enforcement	30874
official, or insurance company concerning any fire or other damage	30875
suffered by a track, prior to approving an application for a tax	30876
reduction.	30877

(6) The approved cost and expenses to which a tax reduction	30878
applies shall be determined by generally accepted accounting	30879
principles and verified by an audit of the permit holder's records	30880
upon completion of the project by the racing commission, or by an	30881
independent certified public accountant selected by the permit	30882
holder and approved by the commission.	30883

The tax reductions for capital improvements and new tracks	30884
provided for in this division apply only to tax reductions	30885
approved by the state racing commission prior to the effective	30886
date of this amendment.	30887

(K) No other license or excise tax or fee, except as	30888
provided in sections 3769.01 to 3769.14 of the Revised Code, shall	30889
be assessed or collected from such licensee by any county,	30890
township, district, municipal corporation, or other body having	30891
power to assess or collect a tax or fee. That portion of the tax	30892
paid under this section by permit holders for racing conducted at	30893
and during the course of an agricultural exposition or fair, and	30894
that portion of the tax that would have been paid by eligible	30895
permit holders into the PASSPORT fund as a result of racing	30896
conducted at and during the course of an agricultural exposition	30897
or fair, shall be deposited into the state treasury to the credit	30898
of the horse racing tax fund, which is hereby created for the use	30899
of the agricultural societies of the several counties in which the	30900
taxes originate. The state racing commission shall determine	30901
eligible permit holders for purposes of the preceding sentence,	30902
taking into account the breed of horse, the racing dates, the	30903
geographic proximity to the fair, and the best interests of Ohio	30904
racing. On the first day of any month on which there is money in	30905
the fund, the director of budget and managementtax commissioner	30906
shall provide for payment to the treasurer of each agricultural	30907
society the amount of the taxes collected under this section upon	30908
racing conducted at and during the course of any exposition or	30909
fair conducted by suchthe society.	30910

(L) From the tax paid under this section by harness track	30911
permit holders, the tax commissioner shall pay into the Ohio	30912
thoroughbred race fund a sum equal to a percentage of the amount	30913
wagered upon which suchthe tax is paid. The percentage shall be	30914
determined by the tax commissioner and shall be rounded to the	30915
nearest one-hundredth. The percentage shall be such that, when	30916
multiplied by the amount wagered upon which tax was paid by the	30917
harness track permit holders in the most recent year for which	30918
final figures are available, it results in a sum that	30919
substantially equals the same amount of tax paid by the tax	30920
commissioner during that year into the Ohio fairs fund from taxes	30921
paid by thoroughbred permit holders. This division does not apply	30922
to county and independent fairs and agricultural societies.	30923

(M) Twenty-five per cent of the taxes levied on	30924
thoroughbred-racingthoroughbred racing permit holders,	30925
harness-racingharness racing permit holders, and quarter horse	30926
racing permit holders under this section, division (A) of section	30927
3769.087 of the Revised Code, and division (F)(2) of section	30928
3769.26 of the Revised Code shall be paid tointo the PASSPORT	30929
fund. The tax commissioner shall pay any money remaining, after	30930
the payment tointo the PASSPORT fund and the reductions provided	30931
for in division (J) of this section and in section 3769.20 of the	30932
Revised Code, into the Ohio fairs fund, Ohio thoroughbred race	30933
fund, Ohio standardbred development fund, Ohio quarter horse fund,	30934
and state racing commission operating fund as prescribed in this	30935
section and division (A) of section 3769.087 of the Revised Code;	30936
except that the state racing commission operating fund shall not	30937
receive more than two million five hundred thousand dollars in any	30938
calendar year. The tax commissioner shall thereafter use and	30939
apply the balance of the money paid as a tax by any permit holder	30940
to cover any shortage in the accounts of such funds resulting from	30941
an insufficient payment as a tax by any other permit holder. The	30942
moneys received by the tax commissioner shall be deposited weekly	30943
and paid by the tax commissioner into the funds to cover the total	30944
aggregate amount due from all permit holders to the funds, as	30945
calculated under this section and division (A) of section 3769.087	30946
of the Revised Code, as applicable. If, after the payment tointo	30947
the PASSPORT fund, sufficient funds are not available from the tax	30948
deposited by the tax commissioner to pay the required amount	30949
amounts into the Ohio fairs fund, Ohio standardbred development	30950
fund, Ohio thoroughbred race fund, Ohio quarter horse fund, and	30951
the state racing commission operating fund, the tax commissioner	30952
shall prorate on a proportional basis the amount paid to each of	30953
the funds. Any shortage to the funds as a result of a proration	30954
shall be applied against future deposits for the same calendar	30955
year when funds are available. After this application, the tax	30956
commissioner shall pay any remaining money paid as a tax by all	30957
permit holders into the PASSPORT fund. If the Ohio fairs fund does	30958
not receive two million five hundred thousand dollars in calendar	30959
year 1997 or 1998, the tax commissioner shall pay into the Ohio	30960
fairs fund, on a prorated basis, money that would have been paid	30961
into the Ohio thoroughbred race fund, Ohio standardbred	30962
development fund, Ohio quarter horse development fund, and state	30963
racing commission operating fund and the portion that was retained	30964
by the tracks the previous calendar year as a reduction provided	30965
for in division (J) of this section and section 3769.20 of the	30966
Revised Code until the previous year's deficiency is met. Each	30967
track that has an existing reduction shall increase its reduction	30968
credit balance by the amount determined by the tax commissioner	30969
that is needed to meet its prorated portion of the Ohio fairs fund	30970
deficiency. The credit balance increase shall be paid to the tax	30971
commissioner as a tax. This division does not apply to permit	30972
holders conducting racing at the course of an agricultural	30973
exposition or fair as described in division (K) of this section.	30974

Sec. 3769.085.  There is hereby created in the state treasury	30975
the Ohio standardbred development fund, to consist of moneys paid	30976
into it pursuant to section 3769.08 of the Revised Code and any	30977
fees assessed for or on behalf of the Ohio sires stakes races. All	30978
fees so assessed shall be exempt from the requirements of	30979
divisions (D) and (M) of section 3769.08 of the Revised Code. All	30980
investment earnings on the cash balance in the fund shall be	30981
credited to the fund. Moneys to the credit of the Ohio	30982
standardbred development fund shall be distributed on order of the	30983
state racing commission with the approval of the Ohio standardbred	30984
development commission.	30985

The development commission shall consist of three members,	30986
all to be residents of this state knowledgeable in breeding and	30987
racing, to be appointed by the governor with the advice and	30988
consent of the senate. One member shall be a standardbred	30989
breeder, and one shall be a standardbred owner. Of the initial	30990
appointments, one member shall be appointed for a term ending June	30991
30, 1977, and two members shall be appointed for terms ending June	30992
30, 1979. Thereafter, appointments for other than unexpired terms	30993
shall be for four years. Terms shall begin the first day of July	30994
and end the thirtieth day of June. Any member appointed to fill a	30995
vacancy occurring prior to the expiration of the term for which	30996
the member's predecessor was appointed shall hold office for the	30997
remainder of suchthat term. Any member shall continue in office	30998
subsequent to the expiration date of the member's term until a	30999
successor takes office. Members shall receive no compensation,	31000
except they shall be paid actual and necessary expenses from the	31001
Ohio standardbred development fund. The state racing commission	31002
shall also be reimbursed for actual expense approved by the	31003
development commission. The development commission may elect one	31004
member to serve as secretary.	31005

Upon application not later than the first day of December	31006
from the harness tracks conducting races with pari-mutuel	31007
wagering, other than agricultural expositions and fairs, the	31008
development commission shall, after a hearing and not later than	31009
the twentieth day of January, allocate and approve all available	31010
moneys for colt races for two-year-old and three-year-old colts	31011
and fillies, both trotting and pacing. Separate races for fillies	31012
shall be provided at each age and gait. At least five races and a	31013
championship race shall be scheduled for each of the eight	31014
categories of age, sex, and gait. The allocations shall take into	31015
account the time of year that racing colts is feasible, the equity	31016
and continuity of the proposed dates for racing the events, and	31017
the amounts to be added by the tracks, looking to the maximum	31018
benefit for those participating in the races. Representatives of	31019
the tracks and the Ohio harness horsemens association shall be	31020
given an opportunity to be heard before the allocations are made.	31021
No races shall be contested earlier than the first day of May or	31022
later than the first day of November; all permit holders operating	31023
extended pari-mutuel meetings between suchthose dates shall be	31024
entitled to at least three races. No funds for a race shall be	31025
allocated to and paid to a permit holder by the development	31026
commission unless the permit holder adds at least twenty-five per	31027
cent to the amount allocated by the development commission, and	31028
not less than five thousand dollars to each race.	31029

Colts and fillies eligible to the races shall be only those	31030
sired by a standardbred stallion that was registered with the	31031
state racing commission and stood in Ohiothe state the entire	31032
breeding season of the year the colt or filly was conceived and	31033
fillies foaled before November 1, 1979, that are not so qualified	31034
but wholly owned by a resident or residents of Ohiothe state on	31035
the first day of January of the year that such filly would be	31036
eligible to race as a two-year-old and also wholly owned by a	31037
resident or residents of Ohiothe state on the date the race is	31038
contested.	31039

If the development commission concludes that sufficient funds	31040
are available to add aged races without reducing purse levels of	31041
the colt and filly races, the development commission may allocate	31042
funds to four-year-old and five-year-old races of each sex and	31043
gait with Ohio eligibility required as set forth in this section.	31044

The state racing commission may allocate an amount not to	31045
exceed five per cent of the total Ohio standardbred development	31046
fund available in any one calendar year to research projects	31047
directed toward improving the breeding, raising, racing, and	31048
health and soundness of horses in the state and toward education	31049
or promotion of the industry.	31050

Sec. 3769.087.  (A) In addition to the commission of	31051
eighteen per cent retained by each permit holder as provided in	31052
section 3769.08 of the Revised Code, each permit holder shall	31053
retain an additional amount equal to four per cent of the total of	31054
all moneys wagered on each racing day on all wagering pools other	31055
than win, place, and show, of which amount retained an amount	31056
equal to three per cent of the total of all moneys wagered on each	31057
racing day on suchthose pools shall be paid by check, draft, or	31058
money order to the tax commissioner, as a tax. Subject to the	31059
restrictions contained in divisions (B), (C), and (M) of section	31060
3769.08 of the Revised Code, from such additional moneys paid to	31061
the tax commissioner:	31062

(1) Four-sixths shall be PASSPORT allocated to fund	31063
distribution as provided in division (M) of section 3769.08 of the	31064
Revised Code;.	31065

(2) One-twelfth shall be paid into the Ohio fairs fund	31066
created by section 3769.082 of the Revised Code;.	31067

(3) One-twelfth of the additional moneys paid to the tax	31068
commissioner by thoroughbred racing permit holders shall be paid	31069
into the Ohio thoroughbred race fund created by section 3769.083	31070
of the Revised Code;.	31071

(4) One-twelfth of the additional moneys paid to the tax	31072
commissioner by harness horse racing permit holders shall be paid	31073
to the Ohio standardbred development fund created by section	31074
3769.085 of the Revised Code;.	31075

(5) One-twelfth of the additional moneys paid to the tax	31076
commissioner by quarter horse racing permit holders shall be paid	31077
to the Ohio quarter horse development fund created by section	31078
3769.086 of the Revised Code;.	31079

(6) One-sixth shall be paid into the state racing commission	31080
operating fund created by section 3769.03 of the Revised Code.	31081

The remaining one per cent that is retained of the total of	31082
all moneys wagered on each racing day on all pools other than win,	31083
place, and show, shall be retained by racing permit holders, and,	31084
except as otherwise provided in section 3769.089 of the Revised	31085
Code, racing permit holders shall use one-half for purse money and	31086
retain one-half.	31087

(B) In addition to the commission of eighteen per cent	31088
retained by each permit holder as provided in section 3769.08 of	31089
the Revised Code and the additional amount retained by each permit	31090
holder as provided in division (A) of this section, each permit	31091
holder mayshall retain, upon notification to the state racing	31092
commission, an additional amount equal to not less than two	31093
one-half of one per cent but not more than three per cent of the	31094
total of all moneys wagered on each racing day on all wagering	31095
pools designated by the permit holder that require three or more	31096
runner selections to complete the wager. If a permit holder	31097
retains an additional amount under this division that equals or	31098
exceeds two per cent of the total of all moneys wagered on a	31099
racing day on the wagering pools designated under this division,	31100
the permit holder shall pay by check, draft, or money order to the	31101
tax commissioner, as a tax, an amount equal to two per cent of the	31102
total of all moneys wagered on that racing day on those designated	31103
wagering pools. The tax commissioner shall deposit the amount of	31104
the tax received under this division in the PASSPORT fund. Any	31105
amount that is retained but not paid under this division to the	31106
tax commissioner as a taxother than win, place, and show. From	31107
the additional amount retained under this division, each permit	31108
holder shall retain an amount equal to one-quarter of one per cent	31109
of the total of all moneys wagered on each racing day on all pools	31110
other than win, place, and show and shall pay that amount by	31111
check, draft, or money order to the tax commissioner, as a tax.	31112
The tax commissioner shall pay the amount of the tax received	31113
under this division to the state racing commission operating fund	31114
created by section 3769.03 of the Revised Code.	31115

The remaining one-quarter of one per cent that is retained	31116
from the total of all moneys wagered on each racing day on all	31117
pools other than win, place, and show shall be retained by the	31118
permit holder, and the permit holder shall use one-half for purse	31119
money and retain one-half.	31120

Sec. 3769.20.  (A) To encourage the renovation of existing	31121
racing facilities for the benefit of the public, breeders, and	31122
horse owners and to increase the revenue to the state from the	31123
increase in pari-mutuel wagering resulting from such improvement,	31124
the taxes paid by a permit holder to the state, in excess of the	31125
amount paid tointo the PASSPORT fund, shall be reduced by one per	31126
cent of the total amount wagered for those permit holders who	31127
carry out a major capital improvement project. The percentage of	31128
the reduction that may be taken each racing day shall equal	31129
seventy-five per cent of the taxamount of the taxes levied under	31130
divisions (B) and (C) of section 3769.08, section 3769.087, and	31131
division (F)(2) of section 3769.26 of the Revised Code, as	31132
applicable, divided by the calculated amount each fund should	31133
receive under divisions (B) and (C) of section 3769.08, section	31134
3769.087, and division (F)(2) of section 3769.26 of the Revised	31135
Code and the reduction provided for in this section. If the	31136
resulting percentage is less than one, that percentage shall be	31137
multiplied by the amount of the reduction provided for in this	31138
section. Otherwise, the permit holder shall receive the full	31139
reduction provided for in this section. The amount of the	31140
allowable reduction not received shall be carried forward and	31141
added to any other reduction balance and applied against future	31142
tax liability. After any reductions expire, any reduction carried	31143
forward shall be treated as a reduction as provided for in this	31144
section. If the amount of allowable abatementreduction exceeds	31145
the amount of taxes derived from a permit holder, the amount of	31146
the allowable abatementreduction not used may be carried forward	31147
and applied against future tax liability. If	31148

If more than one permit holder is authorized to conduct	31149
racing at the facility that is being improved, the cost of the	31150
major capital improvement project shall be allocated between or	31151
among all the permit holders in the ratio that each permit	31152
holder's number of racing days bears to the total number of racing	31153
days conducted at the facility. Such	31154

A reduction for a major capital improvement project shall	31155
start from the day racing is first conducted following the date on	31156
which the major capital improvement project is completed and the	31157
construction cost has been certifiedapproved by the state racing	31158
commission, except as otherwise provided in division (E) of this	31159
section, and shall continue until the total tax reduction equals	31160
the cost of the major capital improvement project plus debt	31161
service applicable to the project. In no event, however, shall	31162
any tax reduction, excluding any reduction balances, be permitted	31163
under this section after December 31, 2014. The total tax	31164
reduction because of the major capital improvement project shall	31165
not during any one year exceed for all permit holders using any	31166
one track, one per cent of the total amount wagered. The racing	31167
commission shall notify the tax commissioner when the diminution	31168
reduction of tax begins and when it ends.	31169

(B) Each fiscal year, the racing commission shall submit a	31170
report to the tax commissioner, the office of budget and	31171
management, and the legislative budget office of the legislative	31172
service commission. The report shall identify each capital	31173
improvement project undertaken under this section and in progress	31174
at each race track, indicate the total cost of each such project,	31175
state the tax reduction that resulted from each such project	31176
during the immediately preceding fiscal year, estimate the tax	31177
reduction that will result from each such project during the	31178
current fiscal year, state the total tax reduction that resulted	31179
from all such projects at all race tracks during the immediately	31180
preceding fiscal year, and estimate the total tax reduction that	31181
will result from all such projects at all race tracks during the	31182
current fiscal year.	31183

(C) The tax reduction granted pursuant to this section shall	31184
be in addition to any tax reductions for capital improvements and	31185
new race tracks provided for in section 3769.08 of the Revised	31186
Code and approved by the racing commission prior to March 29,	31187
1988.	31188

(D) In order to qualify for the reduction in tax, a permit	31189
holder shall apply to the racing commission in such form as the	31190
commission may require and shall provide full details of the major	31191
capital improvement project, including plans and specifications, a	31192
schedule for the project's construction and completion, and a	31193
breakdown of proposed costs. In addition, the permit holder shall	31194
have commenced construction of the major capital improvement	31195
project or shall have had the application for the project approved	31196
by the racing commission prior to March 29, 1988. The racing	31197
commission shall not approve an application unless the permit	31198
holder shows that a contract for the major capital improvement	31199
project has been let under an unrestricted competitive bidding	31200
procedure, unless the contract is exempted by the controlling	31201
board because of its unusual nature. In determining whether to	31202
approve an application, the racing commission shall consider	31203
whether the major capital improvement project will promote the	31204
safety, convenience, and comfort of the racing public and horse	31205
owners and generally tend toward the improvement of racing in this	31206
state.	31207

(E) If the major capital improvement project is approved by	31208
the racing commission and construction has started, the tax	31209
adjustmentreduction may be authorized by the commission upon	31210
presentation of copies of paid bills in excess of five hundred	31211
thousand dollars. After the initial authorization, the permit	31212
holder shall present copies of paid bills in the amount of not	31213
less than five hundred thousand dollars. If the permit holder is	31214
in substantial compliance with the schedule for construction and	31215
completion of the major capital improvement project, the racing	31216
commission may authorize the continuance of the tax adjustment	31217
reduction upon the presentation of suchthe additional paid bills	31218
in increments of five hundred thousand dollars. The racing	31219
commission may terminate the tax adjustmentreduction if a permit	31220
holder fails to complete the major capital improvement project or	31221
fails to comply substantially with the schedule for construction	31222
and completion of the major capital improvement project. If the	31223
time for completion of the major capital improvement project is	31224
delayed by acts of God, strikes, or the unavailability of labor or	31225
materials, the time for completion as set forth in the schedule	31226
shall be extended by the period of the delay. If a permit holder	31227
fails to complete the major capital improvement project, the	31228
racing commission shall order the permit holder to repay to the	31229
state the total amount of tax reduced, unless the permit holder	31230
has spent at least six million dollars on the project. The normal	31231
tax paid by the permit holder under section 3769.08 of the Revised	31232
Code shall be increased by one per cent of the total amount	31233
wagered until the total amount of the additional tax collected	31234
equals the total amount of tax reduced. Any action taken by the	31235
racing commission pursuant to this section in terminating the tax	31236
adjustment or requiring repayment of the amount of tax reduced	31237
shall be subject to Chapter 119. of the Revised Code.	31238

(F) As used in this section, "major capital improvement	31239
project" means the renovation, reconstruction, or remodeling,	31240
costing at least six million dollars, of a race track facility,	31241
including, but not limited to, the construction of barns used	31242
exclusively for that race track facility, backstretch facilities	31243
for horsemen, paddock facilities, pari-mutuel and totalizator	31244
equipment and appurtenances to that equipment purchased by the	31245
track, new access roads, new parking areas, the complete	31246
reconstruction, reshaping, and leveling of the race trackracing	31247
surface and appurtenances, grandstand enclosure, installation of	31248
permanent new heating or air conditioning, roof replacement, and	31249
installations of a permanent nature forming a part of the track	31250
structure.	31251

(G) The cost and expenses to which the tax reduction granted	31252
under this section applies shall be determined by generally	31253
accepted accounting principles and be verified by an audit of the	31254
permit holder's records, upon completion of the major capital	31255
improvement project, either by the racing commission or by an	31256
independent certified public accountant selected by the permit	31257
holder and approved by the commission.	31258

(H) This section and section 3769.201 of the Revised Code	31259
govern any tax reduction granted to a permit holder for the cost	31260
to the permit holder of any cleanup, repair, or improvement	31261
required as a result of damage caused by the 1997 Ohio river flood	31262
to the place, track, or enclosure for which the permit is issued.	31263

Sec. 3770.06.  (A) There is hereby created the state lottery	31264
gross revenue fund, which shall be in the custody of the treasurer	31265
of state but shall not be part of the state treasury. All gross	31266
revenues received from sales of lottery tickets, fines, fees, and	31267
related proceeds shall be deposited into the fund. The treasurer	31268
of state shall invest any portion of the fund not needed for	31269
immediate use in the same manner as, and subject to all provisions	31270
of law with respect to the investment of, state funds. The	31271
treasurer of state shall disburse money from the fund on order of	31272
the director of the state lottery commission or the director's	31273
designee. All revenues of the state lottery gross revenue fund	31274
that are not paid to holders of winning lottery tickets, that are	31275
not required to meet short-term prize liabilities, that are not	31276
paid to lottery sales agents in the form of agent bonuses,	31277
commissions, or reimbursements, and that are not paid to financial	31278
institutions to reimburse suchthose institutions for sales agent	31279
nonsufficient funds shall be transferred to the state lottery	31280
fund, which is hereby created in the state treasury. All	31281
investment earnings of the fund shall be credited to the fund.	31282
Moneys shall be disbursed from the state lottery fund pursuant to	31283
vouchers approved by the director of the state lottery commission.	31284
Total disbursements for monetary prize awards to holders of	31285
winning lottery tickets and purchases of goods and services	31286
awarded as prizes to holders of winning lottery tickets shall be	31287
of an amount equal to at least fifty per cent of the total revenue	31288
accruing from the sale of lottery tickets.	31289

(B) Pursuant to Section 6 of Article XV, Ohio Constitution,	31290
there is hereby established in the state treasury the lottery	31291
profits education fund. Whenever, in the judgment of the director	31292
of budget and management, the amount to the credit of the state	31293
lottery fund is in excess of that needed to meet the maturing	31294
obligations of the commission and as working capital for its	31295
further operations, the director shall transfer the excess to the	31296
lottery profits education fund, provided that the amount to be	31297
transferred into the lottery profits education fund shall equal no	31298
less than thirty per cent of the total revenue accruing from the	31299
sale of lottery tickets. Investment earnings of the lottery	31300
profits education fund shall be credited to the fund. There shall	31301
also be credited to the fund any repayments of moneys loaned from	31302
the educational excellence investment fund. The lottery profits	31303
education fund shall be used solely for the support of elementary,	31304
secondary, vocational, and special education programs as	31305
determined in appropriations made by the general assembly, or as	31306
provided in applicable bond proceedings for the payment of debt	31307
service on obligations issued to pay costs of capital facilities,	31308
including those for a system of common schools throughout the	31309
state pursuant to section 2n of Article VIII, Ohio Constitution.	31310
When determining the availability of money in the lottery profits	31311
education fund, the director of budget and management may consider	31312
all balances and estimated revenues of the fund.	31313

From the amounts that the director of budget and management	31314
transfers in any fiscal year from the state lottery fund to the	31315
lottery profits education fund, the director shall transfer the	31316
initial ten million dollars of suchthose amounts from the lottery	31317
profits education fund to the school building program bond service	31318
fund created in division (Q) of section 3318.26 of the Revised	31319
Code to be pledged for the purpose of paying bond service charges	31320
as defined in division (C) of section 3318.21 of the Revised Code	31321
on one or more issuances of obligations, which obligations are	31322
issued to provide moneys for the school building program	31323
assistance fund created in section 3318.25 of the Revised Code.	31324

(C) There is hereby established in the state treasury the	31325
deferred prizes trust fund. With the approval of the director of	31326
budget and management, an amount sufficient to fund annuity prizes	31327
shall be transferred from the state lottery fund and credited to	31328
the trust fund. The treasurer of state shall credit all earnings	31329
arising from investments purchased under this division to the	31330
fund. Within sixty days after the end of each fiscal year, the	31331
director of budget and management shall certify the amount of	31332
investment earnings necessary to have been credited to the trust	31333
fund during the fiscal year just ending to provide for continued	31334
funding of deferred prizes. Any earnings credited in excess of	31335
this certified amount shall be transferred to the lottery profits	31336
education fund. To provide all or a part of the amounts necessary	31337
to fund deferred prizes awarded by the commission, the treasurer	31338
of state, in consultation with the commission, may invest moneys	31339
contained in the deferred prizes trust fund in obligations of the	31340
type permitted for the investment of state funds but whose	31341
maturities are thirty years or less. Investments of the deferred	31342
prizes trust fund are not subject to the provisions of division	31343
(A)(10) of section 135.143 of the Revised Code limiting to five	31344
per cent the amount of the state's total average portfolio that	31345
may be invested in debt interests and limiting to one-half of one	31346
per cent the amount that may be invested in debt interests of a	31347
single issuer.	31348

All purchases made under this division shall be effected on a	31349
delivery versus payment method and shall be in the custody of the	31350
treasurer of state.	31351

The treasurer of state may retain an investment advisor, if	31352
necessary. The commission shall pay any costs incurred by the	31353
treasurer of state in retaining an investment advisor.	31354

(D) The auditor of state shall conduct annual audits of all	31355
funds and suchany other audits as the auditor of state or the	31356
general assembly considers necessary. The auditor of state may	31357
examine all records, files, and other documents of the commission,	31358
and such records of lottery sales agents asthat pertain to their	31359
activities as agents, for purposes of conducting authorized	31360
audits.	31361

The state lottery commission shall establish an internal	31362
audit program before the beginning of each fiscal year, subject to	31363
the approval of the auditor of state. At the end of each fiscal	31364
year, the commission shall prepare and submit an annual report to	31365
the auditor of state for the auditor of state's review and	31366
approval, specifying the internal audit work completed by the end	31367
of that fiscal year and reporting on compliance with the annual	31368
internal audit program. The form and content of the report shall	31369
be prescribed by the auditor of state under division (C) of	31370
section 117.20 of the Revised Code.	31371

(E) Whenever, in the judgment of the director of budget and	31372
management, an amount of net state lottery proceeds is necessary	31373
to be applied to the payment of debt service on obligations, all	31374
as defined in sections 151.01 and 151.03 of the Revised Code, the	31375
director shall transfer that amount directly from the state	31376
lottery fund or from the lottery profits education fund to the	31377
bond service fund defined in those sections. The provisions of	31378
this division (E) of this section are subject to any prior pledges	31379
or obligation of those amounts to the payment of bond service	31380
charges as defined in division (C) of section 3318.21 of the	31381
Revised Code, as referred to in division (B) of this section.	31382

Sec. 3773.56.  The Ohio athletic commission may appoint an	31383
executive director and employ such persons as are necessary to	31384
administer sections 3773.31 to 3773.57 and Chapter 4771. of the	31385
Revised Code and fix their compensation. Such executive director	31386
and employees shall serve in the unclassified status and at the	31387
pleasure of the commission.	31388

All receipts received by the commission under sections	31389
3773.31 to 3773.57 and Chapter 4771. of the Revised Code shall be	31390
deposited in the occupational licensing and regulatory fund. All	31391
vouchers of the commission shall be approved by the chairperson of	31392
the commission.	31393

Sec. 3793.04.  The department of alcohol and drug addiction	31394
services shall develop, administer, and revise as necessary a	31395
comprehensive statewide alcohol and drug addiction services plan	31396
for the implementation of this chapter. The plan shall emphasize	31397
abstinence from the use of alcohol and drugs of abuse as the	31398
primary goal of alcohol and drug addiction services. The council	31399
on alcohol and drug addiction services shall advise the department	31400
in the development and implementation of the plan.	31401

The plan shall provide for the allocation of state and	31402
federal funds for service furnished by alcohol and drug addiction	31403
programs under contract with boards of alcohol, drug addiction,	31404
and mental health services and for distribution of the funds to	31405
such boards. The plan shall specify the methodology that the	31406
department will use for determining how funds will be allocated	31407
and distributed. A portion of the funds shall be allocated on the	31408
basis of the ratio of the population of each alcohol, drug	31409
addiction, and mental health service district to the total	31410
population of the state as. The portion of the funds allocated on	31411
that basis for a fiscal year shall be not less than the average of	31412
the amount that was allocated on that basis the three previous	31413
fiscal years. The ratio shall be determined from the most recent	31414
federal census or the most recent official estimate made by the	31415
United States census bureau, whichever is more recent.	31416

The plan shall ensure that alcohol and drug addiction	31417
services of a high quality are accessible to, and responsive to	31418
the needs of, all persons, especially those who are members of	31419
underserved groups, including, but not limited to, African	31420
Americans, Hispanics, native Americans, Asians, juvenile and adult	31421
offenders, women, and persons with special services needs due to	31422
age or disability. The plan shall include a program to promote	31423
and protect the rights of those who receive services.	31424

To aid in formulating the plan and in evaluating the	31425
effectiveness and results of alcohol and drug addiction services,	31426
the department, in consultation with the department of mental	31427
health, shall establish and maintain an information system. The	31428
department of alcohol and drug addiction services shall specify	31429
the information that must be provided by boards of alcohol, drug	31430
addiction, and mental health services and by alcohol and drug	31431
addiction programs for inclusion in the system. The department	31432
shall not collect any information for the purpose of identifying	31433
by name any person who receives a service through a board, except	31434
as required by the state or federal law to validate appropriate	31435
reimbursement.	31436

In consultation with boards, programs, and persons receiving	31437
services, the department shall establish guidelines for the use of	31438
state and federal funds and for the boards' development of plans	31439
for services required by sections 340.033 and 3793.05 of the	31440
Revised Code.	31441

In any fiscal year, the department shall spend, or allocate	31442
to boards, for methadone maintenance programs or any similar	31443
programs not more than eight per cent of the total amount	31444
appropriated to the department for the fiscal year.	31445

Sec. 3902.23.  Beginning one hundred eighty days after rules	31446
adopted under section 3902.22 of the Revised Code take effect, no	31447
third-party payer shall fail to use the standard claim form and	31448
proof of loss prescribed in those rules, except as provided in	31449
section 3729.15 of the Revised Code.	31450

Sec. 3923.28.  (A) Every policy of group sickness and	31451
accident insurance providing hospital, surgical, or medical	31452
expense coverage for other than specific diseases or accidents	31453
only, and delivered, issued for delivery, or renewed in this state	31454
on or after January 1, 1979, and that provides coverage for mental	31455
or emotional disorders, shall provide benefits for services on an	31456
outpatient basis for each eligible person under the policy who	31457
resides in this state for mental or emotional disorders, or for	31458
evaluations, that are at least equal to five hundred fifty dollars	31459
in any calendar year or twelve-month period. The services shall	31460
be legally performed by or under the clinical supervision of a	31461
licensed physician or licensed psychologist, whether performed in	31462
an office, in a hospital, or in a community mental health facility	31463
so long as the hospital or community mental health facility is	31464
approved by the joint commission on accreditation of healthcare	31465
organizations, the council on accreditation for children and	31466
family services, the rehabilitation accreditation commission, or,	31467
until two years after the effective date of this amendment,	31468
certified by the department of mental health as being in	31469
compliance with standards established under division (I)(H) of	31470
section 5119.01 of the Revised Code.	31471

(B) For purposes of this section "community mental health	31472
facility" means a facility approved by a regional health planning	31473
agency or a facility providing services under a board of alcohol,	31474
drug addiction, and mental health services established under	31475
Chapter 340. of the Revised Code, except that where a board	31476
provides direct community mental health service, the approval of	31477
such a board, as to the adequacy of a specific program of such	31478
services that it provides as a community mental health facility	31479
shall be by the director of mental health.	31480

(C) Outpatient benefits offered under division (A) of this	31481
section shall be subject to reasonable contract limitations and	31482
may be subject to reasonable deductibles and co-insurance costs.	31483
Persons entitled to such benefit under more than one service or	31484
insurance contract may be limited to a single	31485
five-hundred-fifty-dollar outpatient benefit for services under	31486
all contracts.	31487

(D)(C) In order to qualify for participation under division	31488
(A) of this section, every facility specified in such division	31489
shall have in effect a plan for utilization review and a plan for	31490
peer review and every person specified in such division shall have	31491
in effect a plan for peer review. Such plans shall have the	31492
purpose of ensuring high quality patient care and effective and	31493
efficient utilization of available health facilities and services.	31494

(E)(D) Nothing in this section shall be construed to require	31495
an insurer to pay benefits which are greater than usual,	31496
customary, and reasonable.	31497

(F)(E)(1) Services performed under the clinical supervision	31498
of a licensed physician or licensed psychologist, in order to be	31499
reimbursable under the coverage required in division (A) of this	31500
section, shall meet both of the following requirements:	31501

(a) The services shall be performed in accordance with a	31502
treatment plan that describes the expected duration, frequency,	31503
and type of services to be performed;	31504

(b) The plan shall be reviewed and approved by a licensed	31505
physician or licensed psychologist every three months.	31506

(2) Payment of benefits for services reimbursable under	31507
division (F)(E)(1) of this section shall not be restricted to	31508
services described in the treatment plan or conditioned upon	31509
standards of clinical supervision that are more restrictive than	31510
standards of a licensed physician or licensed psychologist, which	31511
at least equal the requirements of division (F)(E)(1) of this	31512
section.	31513

Sec. 3923.29.  (A) Every policy of group sickness and	31514
accident insurance providing hospital, surgical, or medical	31515
expense coverage for other than specific diseases or accidents	31516
only, and delivered, issued for delivery, or renewed in this state	31517
on or after January 1, 1979, shall provide for each eligible	31518
person under the policy who resides in this state, outpatient,	31519
inpatient, and intermediate primary care benefits for alcoholism	31520
that are at least equal to five hundred fifty dollars in any	31521
calendar year or twelve month period. The services shall be	31522
legally performed by or under the clinical supervision of a	31523
licensed physician or a licensed psychologist, whether performed	31524
in an office, in a hospital, in a community mental health	31525
facility, or in an alcoholism treatment facility so long as the	31526
hospital, community mental health facility, or alcoholism	31527
treatment facility is approved by the joint commission on	31528
accreditation of hospitals or certified by the department of	31529
health.	31530

(B) For purposes of this section "community mental health	31531
facility" means a facility as defined in section 3923.28 of the	31532
Revised Code.	31533

(C) The benefits mandated by division (A) of this section	31534
shall be subject to reasonable contract limitations and may be	31535
subject to reasonable deductibles and co-insurance costs. Persons	31536
entitled to such benefit under more than one service or insurance	31537
contract may be limited to a single five hundred fifty dollar	31538
benefit for services under all contracts.	31539

(D)(C) For an eligible person, who receives treatment for	31540
alcoholism from an approved or certified alcoholism treatment	31541
facility, to remain entitled to the benefits mandated by division	31542
(A) of this section, a licensed physician or a licensed	31543
psychologist shall every three months certify that such person	31544
needs to continue utilizing such treatment.	31545

(E)(D) In order to qualify for participation under division	31546
(A) of this section, every facility specified in such division	31547
shall have in effect a plan for utilization review and a plan for	31548
peer review and every person specified in such division shall have	31549
in effect a plan for peer review. Such plans shall have the	31550
purpose of ensuring high quality patient care and effective and	31551
efficient utilization of available health facilities and services.	31552
Such person or facility shall also have in effect a program of	31553
rehabilitation or a program of rehabilitation and detoxification.	31554

(F)(E) Nothing in this section shall be construed to require	31555
an insurer to pay benefits which are greater than usual,	31556
customary, and reasonable.	31557

Sec. 3923.30.  Every person, the state and any of its	31558
instrumentalities, any county, township, school district, or other	31559
political subdivisions and any of its instrumentalities, and any	31560
municipal corporation and any of its instrumentalities, which	31561
provides payment for health care benefits for any of its employees	31562
resident in this state, which benefits are not provided by	31563
contract with an insurer qualified to provide sickness and	31564
accident insurance, or a health insuring corporation, shall	31565
include the following benefits in its plan of health care benefits	31566
commencing on or after January 1, 1979:	31567

(A) If such plan of health care benefits provides payment	31568
for the treatment of mental or nervous disorders, then such plan	31569
shall provide benefits for services on an outpatient basis for	31570
each eligible employee and dependent for mental or emotional	31571
disorders, or for evaluations, that are at least equal to the	31572
following:	31573

(1) Payments not less than five hundred fifty dollars in a	31574
twelve-month period, for services legally performed by or under	31575
the clinical supervision of a licensed physician or a licensed	31576
psychologist, whether performed in an office, in a hospital, or in	31577
a community mental health facility so long as the hospital or	31578
community mental health facility is approved by the joint	31579
commission on accreditation of hospitalshealthcare organizations,	31580
the council on accreditation for children and family services, the	31581
rehabilitation accreditation commission, or, until two years after	31582
the effective date of this amendment, certified by the department	31583
of mental health as being in compliance with standards established	31584
under division (I)(H) of section 5119.01 of the Revised Code;	31585

(2) Such benefit shall be subject to reasonable limitations,	31586
and may be subject to reasonable deductibles and co-insurance	31587
costs.	31588

(3) In order to qualify for participation under this	31589
division, every facility specified in this division shall have in	31590
effect a plan for utilization review and a plan for peer review	31591
and every person specified in this division shall have in effect a	31592
plan for peer review. Such plans shall have the purpose of	31593
ensuring high quality patient care and effective and efficient	31594
utilization of available health facilities and services.	31595

(4) Such payment for benefits shall not be greater than	31596
usual, customary, and reasonable.	31597

(5) For purposes of this division, "community mental health	31598
facility" means a facility as defined in section 3923.28 of the	31599
Revised Code.	31600

(6)(a) Services performed under the clinical supervision of	31601
a licensed physician or licensed psychologist, in order to be	31602
reimbursable under the coverage required in division (A) of this	31603
section, shall meet both of the following requirements:	31604

(i) The services shall be performed in accordance with a	31605
treatment plan that describes the expected duration, frequency,	31606
and type of services to be performed;	31607

(ii) The plan shall be reviewed and approved by a licensed	31608
physician or licensed psychologist every three months.	31609

(b) Payment of benefits for services reimbursable under	31610
division (A)(6)(5)(a) of the section shall not be restricted to	31611
services described in the treatment plan or conditioned upon	31612
standards of a licensed physician or licensed psychologist, which	31613
at least equal the requirements of division (A)(6)(5)(a) of this	31614
section.	31615

(B) Payment for benefits for alcoholism treatment for	31616
outpatient, inpatient, and intermediate primary care for each	31617
eligible employee and dependent that are at least equal to the	31618
following:	31619

(1) Payments not less than five hundred fifty dollars in a	31620
twelve-month period for services legally performed by or under the	31621
clinical supervision of a licensed physician or licensed	31622
psychologist, whether performed in an office, or in a hospital or	31623
a community mental health facility or alcoholism treatment	31624
facility so long as the hospital, community mental health	31625
facility, or alcoholism treatment facility is approved by the	31626
joint commission on accreditation of hospitals or certified by the	31627
department of health;	31628

(2) The benefits provided under this division shall be	31629
subject to reasonable limitations and may be subject to reasonable	31630
deductibles and co-insurance costs.	31631

(3) A licensed physician or licensed psychologist shall	31632
every three months certify a patient's need for continued services	31633
performed by such facilities.	31634

(4) In order to qualify for participation under this	31635
division, every facility specified in this division shall have in	31636
effect a plan for utilization review and a plan for peer review	31637
and every person specified in this division shall have in effect a	31638
plan for peer review. Such plans shall have the purpose of	31639
ensuring high quality patient care and efficient utilization of	31640
available health facilities and services. Such person or	31641
facilities shall also have in effect a program of rehabilitation	31642
or a program of rehabilitation and detoxification.	31643

(5) Nothing in this section shall be construed to require	31644
reimbursement for benefits which is greater than usual, customary,	31645
and reasonable.	31646

Sec. 4105.17.  (A) The fee for any inspection, or attempted	31647
inspection that, due to no fault of a general inspector or the	31648
division of industrial compliance, is not successfully completed,	31649
by a general inspector of an elevator required to be inspected	31650
under this chapter is thirty dollars plus five dollars for each	31651
floor where the elevator stops. The superintendent of the	31652
division of industrial compliance may assess a fee of thirtyone	31653
hundred twenty-five dollars plus five dollars for each floor where	31654
an elevator stops for the reinspection of an elevator when a	31655
previous attempt to inspect that elevator has been unsuccessful	31656
through no fault of a general inspector or the division of	31657
industrial compliance. The fee for issuing or renewing a	31658
certificate of operation under section 4105.15 of the Revised Code	31659
is thirty-five dollars.	31660

(B) All other fees to be charged for any examination given	31661
or other service performed by the division of industrial	31662
compliance pursuant to this chapter shall be prescribed by the	31663
board of building standards established by section 3781.07 of the	31664
Revised Code. The fees shall be reasonably related to the costs	31665
of such examination or other service.	31666

(C) The board of building standards, subject to the approval	31667
of the controlling board, may establish fees in excess of the fees	31668
provided in division (A) of this section, provided that the fees	31669
do not exceed the amounts established in division (A) of this	31670
section by more than fifty per cent. Any moneys collected under	31671
this section shall be paid into the state treasury to the credit	31672
of the industrial compliance operating fund created in section	31673
121.084 of the Revised Code.	31674

(D) Any person who fails to pay an inspection fee required	31675
for any inspection conducted by the division pursuant to this	31676
chapter within forty-five days after the inspection is conducted	31677
shall pay a late payment fee equal to twenty-five per cent of the	31678
inspection fee.	31679

(E) In addition to the fee assessed in division (A) of this	31680
section, the board of building standards shall assess a fee of	31681
three dollars and twenty-five cents for each certificate of	31682
operation or renewal thereof issued under division (A) of this	31683
section and for each permit issued under section 4105.16 of the	31684
Revised Code. The board shall adopt rules, in accordance with	31685
Chapter 119. of the Revised Code, specifying the manner by which	31686
the superintendent of the division of industrial compliance shall	31687
collect and remit to the board the fees assessed under this	31688
division and requiring that remittance of the fees be made at	31689
least quarterly.	31690

Sec. 4115.10.  (A) No person, firm, corporation, or public	31691
authority that constructs a public improvement with its own	31692
forces, the total overall project cost of which is fairly	31693
estimated to be more than the amounts set forth in division (B)(1)	31694
or (2) of section 4115.03 of the Revised Code, adjusted biennially	31695
by the director of commerce pursuant to section 4115.034 of the	31696
Revised Code, shall violate the wage provisions of sections	31697
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	31698
require any employee to work for less than the rate of wages so	31699
fixed, or violate the provisions of section 4115.07 of the Revised	31700
Code. Any employee upon any public improvement, except an	31701
employee to whom or on behalf of whom restitution is made pursuant	31702
to division (C) of section 4115.13 of the Revised Code, who is	31703
paid less than the fixed rate of wages applicable thereto may	31704
recover from such person, firm, corporation, or public authority	31705
that constructs a public improvement with its own forces the	31706
difference between the fixed rate of wages and the amount paid to	31707
the employee and in addition thereto a sum equal to twenty-five	31708
per cent of that difference. The person, firm, corporation, or	31709
public authority who fails to pay the rate of wages so fixed also	31710
shall pay a penalty to the director of seventy-five per cent of	31711
the difference between the fixed rate of wages and the amount paid	31712
to the employees on the public improvement. The director shall	31713
deposit all moneys received from penalties paid to the director	31714
pursuant to this section into the penalty enforcement fund, which	31715
is hereby created. The penalty enforcement fund shall be in the	31716
custody of the treasurer of state but shall not be part of the	31717
state treasury. The director shall use the fund for the	31718
enforcement of sections 4115.03 to 4115.16 of the Revised Code.	31719
The employee may file suit for recovery within sixty days of the	31720
director's determination of a violation of sections 4115.03 to	31721
4115.16 of the Revised Code or is barred from further action under	31722
this division. Where the employee prevails in a suit, the	31723
employer shall pay the costs and reasonable attorney's fees	31724
allowed by the court.	31725

(B) Any employee upon any public improvement who is paid	31726
less than the prevailing rate of wages applicable thereto may file	31727
a complaint in writing with the director upon a form furnished by	31728
the director. At the written request of any employee paid less	31729
than the prevailing rate of wages applicable, the director shall	31730
take an assignment of a claim in trust for the assigning employee	31731
and bring any legal action necessary to collect the claim. The	31732
employer shall pay the costs and reasonable attorney's fees	31733
allowed by the court if the employer is found in violation of	31734
sections 4115.03 to 4115.16 of the Revised Code.	31735

(C) If after investigation pursuant to section 4115.13 of	31736
the Revised Code, the director determines there is a violation of	31737
sections 4115.03 to 4115.16 of the Revised Code and a period of	31738
sixty days has elapsed from the date of the determination, and if:	31739

(1) No employee has brought suit pursuant to division (A) of	31740
this section;	31741

(2) No employee has requested that the director take an	31742
assignment of a wage claim pursuant to division (B) of this	31743
section;	31744

The director shall bring any legal action necessary to	31745
collect any amounts owed to employees and the bureaudirector. The	31746
director shall pay over to the affected employees the amounts	31747
collected to which the affected employees are entitled under	31748
division (A) of this section. In any action in which the director	31749
prevails, the employer shall pay the costs and reasonable	31750
attorney's fees allowed by the court.	31751

(D) Where persons are employed and their rate of wages has	31752
been determined as provided in section 4115.04 of the Revised	31753
Code, no person, either for self or any other person, shall	31754
request, demand, or receive, either before or after the person is	31755
engaged, that the person so engaged pay back, return, donate,	31756
contribute, or give any part or all of the person's wages, salary,	31757
or thing of value, to any person, upon the statement,	31758
representation, or understanding that failure to comply with such	31759
request or demand will prevent the procuring or retaining of	31760
employment, and no person shall, directly or indirectly, aid,	31761
request, or authorize any other person to violate this section.	31762
This division does not apply to any agent or representative of a	31763
duly constituted labor organization acting in the collection of	31764
dues or assessments of such organization.	31765

(E) The director shall enforce sections 4115.03 to 4115.16	31766
of the Revised Code.	31767

(F) For the purpose of supplementing existing resources and	31768
to assist in enforcing division (E) of this section, the director	31769
may contract with a person registered as a public accountant under	31770
Chapter 4701. of the Revised Code to conduct an audit of a person,	31771
firm, corporation, or public authority.	31772

Sec. 4117.102. The state employment relations board shall	31773
compile a list of the school districts in the state that have	31774
filed with the board agreements entered into with teacher employee	31775
organizations under this chapter. The board shall annually update	31776
the list to reflect, for each district, for the current fiscal	31777
year, the starting salary in the district for teachers with no	31778
prior teaching experience who hold bachelors degrees. The board	31779
shall send a copy of each annually updated list to the state board	31780
of education.	31781

Sec. 4121.44.  (A) The administrator of workers'	31782
compensation shall oversee the implementation of the Ohio workers'	31783
compensation qualified health plan system as established under	31784
section 4121.442 of the Revised Code.	31785

(B) The administrator shall direct the implementation of the	31786
health partnership program administered by the bureau as set forth	31787
in section 4121.441 of the Revised Code. To implement the health	31788
partnership program, the bureau:	31789

(1) Shall certify one or more external vendors, which shall	31790
be known as "managed care organizations," to provide medical	31791
management and cost containment services in the health partnership	31792
program for a period of two years beginning on the date of	31793
certification, consistent with the standards established under	31794
this section;	31795

(2) May recertify external vendors for additional periods of	31796
two years; and	31797

(3) May integrate the certified vendors with bureau staff	31798
and existing bureau services for purposes of operation and	31799
training to allow the bureau to assume operation of the health	31800
partnership program at the conclusion of the certification periods	31801
set forth in division (B)(1) or (2) of this section.	31802

(C) Any vendor selected shall demonstrate all of the	31803
following:	31804

(1) Arrangements and reimbursement agreements with a	31805
substantial number of the medical, professional and pharmacy	31806
providers currently being utilized by claimants.	31807

(2) Ability to accept a common format of medical bill data	31808
in an electronic fashion from any provider who wishes to submit	31809
medical bill data in that form.	31810

(3) A computer system able to handle the volume of medical	31811
bills and willingness to customize that system to the bureau's	31812
needs and to be operated by the vendor's staff, bureau staff, or	31813
some combination of both staffs.	31814

(4) A prescription drug system where pharmacies on a	31815
statewide basis have access to the eligibility and pricing, at a	31816
discounted rate, of all prescription drugs.	31817

(5) A tracking system to record all telephone calls from	31818
claimants and providers regarding the status of submitted medical	31819
bills so as to be able to track each inquiry.	31820

(6) Data processing capacity to absorb all of the bureau's	31821
medical bill processing or at least that part of the processing	31822
which the bureau arranges to delegate.	31823

(7) Capacity to store, retrieve, array, simulate, and model	31824
in a relational mode all of the detailed medical bill data so that	31825
analysis can be performed in a variety of ways and so that the	31826
bureau and its governing authority can make informed decisions.	31827

(8) Wide variety of software programs which translate	31828
medical terminology into standard codes, and which reveal if a	31829
provider is manipulating the procedures codes, commonly called	31830
"unbundling."	31831

(9) Necessary professional staff to conduct, at a minimum,	31832
authorizations for treatment, medical necessity, utilization	31833
review, concurrent review, post-utilization review, and have the	31834
attendant computer system which supports such activity and	31835
measures the outcomes and the savings.	31836

(10) Management experience and flexibility to be able to	31837
react quickly to the needs of the bureau in the case of required	31838
change in federal or state requirements.	31839

(D)(1) Information contained in a vendor's application for	31840
certification in the health partnership program, and other	31841
information furnished to the bureau by a vendor for purposes of	31842
obtaining certification or to comply with performance and	31843
financial auditing requirements established by the adminstrator,	31844
is for the exclusive use and information of the bureau in the	31845
discharge of its official duties, and shall not be open to the	31846
public or be used in any court in any proceeding pending therein,	31847
unless the bureau is a party to the action or proceeding, but the	31848
information may be tabulated and published by the bureau in	31849
statistical form for the use and information of other state	31850
departments and the public. No employee of the bureau, except as	31851
otherwise authorized by the administrator, shall divulge any	31852
information secured by the employee while in the employ of the	31853
bureau in respect to a vendor's application for certification or	31854
in respect to the business or other trade processes of any vendor	31855
to any person other than the administrator or to the employee's	31856
superior.	31857

(2) Notwithstanding the restrictions imposed by division	31858
(D)(1) of this section, the governor, members of select or	31859
standing committees of the senate or house of representatives, the	31860
auditor of state, the attorney general, or their designees,	31861
pursuant to the authority granted in this chapter and Chapter	31862
4123. of the Revised Code, may examine any vendor application or	31863
other information furnished to the bureau by the vendor. None of	31864
those individuals shall divulge any information secured in the	31865
exercise of that authority in respect to a vendor's application	31866
for certification or in respect to the business or other trade	31867
processes of any vendor to any person.	31868

(E) On and after January 1, 2001, a vendor shall not be any	31869
insurance company holding a certificate of authority issued	31870
pursuant to Title XXXIX of the Revised Code or any health insuring	31871
corporation holding a certificate of authority under Chapter 1751.	31872
of the Revised Code.	31873

(F) The administrator may limit freedom of choice of health	31874
care provider or supplier by requiring, beginning with the period	31875
set forth in division (B)(1) or (2) of this section, that	31876
claimants shall pay an appropriate out-of-plan copayment for	31877
selecting a medical provider not within the health partnership	31878
program as provided for in this section.	31879

(G) The administrator, six months prior to the expiration of	31880
the bureau's certification or recertification of the vendor or	31881
vendors as set forth in division (B)(1) or (2) of this section,	31882
may certify and provide evidence to the governor, the speaker of	31883
the house of representatives, and the president of the senate that	31884
the existing bureau staff is able to match or exceed the	31885
performance and outcomes of the external vendor or vendors and	31886
that the bureau should be permitted to internally administer the	31887
health partnership program upon the expiration of the	31888
certification or recertification as set forth in division (B)(1)	31889
or (2) of this section.	31890

(H) The administrator shall establish and operate a bureau	31891
of workers' compensation health care data program. The	31892
administrator may contract with the Ohio health care data center	31893
for such purposes. The administrator shall develop reporting	31894
requirements from all employees, employers and medical providers,	31895
medical vendors, and plans that participate in the workers'	31896
compensation system. The administrator shall do all of the	31897
following:	31898

(1) Utilize the collected data to measure and perform	31899
comparison analyses of costs, quality, appropriateness of medical	31900
care, and effectiveness of medical care delivered by all	31901
components of the workers' compensation system.	31902

(2) Compile data to support activities of the selected	31903
vendor or vendors and to measure the outcomes and savings of the	31904
health partnership program.	31905

(3) Publish and report compiled data to the governor, the	31906
speaker of the house of representatives, and the president of the	31907
senate on the first day of each January and July, the measures of	31908
outcomes and savings of the health partnership program and the	31909
qualified health plan system. The administrator shall protect the	31910
confidentiality of all proprietary pricing data.	31911

(I) Any rehabilitation facility the bureau operates is	31912
eligible for inclusion in the Ohio workers' compensation qualified	31913
health plan system or the health partnership program under the	31914
same terms as other providers within health care plans or the	31915
program.	31916

(J) In areas outside the state or within the state where no	31917
qualified health plan or an inadequate number of providers within	31918
the health partnership program exist, the administrator shall	31919
permit employees to use a nonplan or nonprogram health care	31920
provider and shall pay the provider for the services or supplies	31921
provided to or on behalf of an employee for an injury or	31922
occupational disease that is compensable under this chapter or	31923
Chapter 4123., 4127., or 4131. of the Revised Code on a fee	31924
schedule the administrator adopts.	31925

(K) No certified health care provider shall charge, assess,	31926
or otherwise attempt to collect from an employee, employer, a	31927
managed care organization, or the bureau any amount for covered	31928
services or supplies that is in excess of the allowed amount paid	31929
by a managed care organization, the bureau, or a qualified health	31930
plan.	31931

(L) The administrator shall permit any employer or group of	31932
employers who agree to abide by the rules adopted under this	31933
section and sections 4121.441 and 4121.442 of the Revised Code to	31934
provide services or supplies to or on behalf of an employee for an	31935
injury or occupational disease that is compensable under this	31936
chapter or Chapter 4123., 4127., or 4131. of the Revised Code	31937
through qualified health plans of the Ohio workers' compensation	31938
qualified health plan system pursuant to section 4121.442 of the	31939
Revised Code or through the health partnership program pursuant to	31940
section 4121.441 of the Revised Code. No amount paid under the	31941
qualified health plan system pursuant to section 4121.442 of the	31942
Revised Code by an employer who is a state fund employer shall be	31943
charged to the employer's experience or otherwise be used in	31944
merit-rating or determining the risk of that employer for the	31945
purpose of the payment of premiums under this chapter, and if the	31946
employer is a self-insuring employer, the employer shall not	31947
include that amount in the paid compensation the employer reports	31948
under section 4123.35 of the Revised Code.	31949

Sec. 4123.27.  Information contained in the annual statement	31950
provided for in section 4123.26 of the Revised Code, and such	31951
other information as may be furnished to the bureau of workers'	31952
compensation by employers in pursuance of that section, is for the	31953
exclusive use and information of the bureau in the discharge of	31954
its official duties, and shall not be open to the public nor be	31955
used in any court in any action or proceeding pending therein	31956
unless the bureau is a party to the action or proceeding; but the	31957
information contained in the statement may be tabulated and	31958
published by the bureau in statistical form for the use and	31959
information of other state departments and the public. No person	31960
in the employ of the bureau, except those who are authorized by	31961
the administrator of workers' compensation, shall divulge any	31962
information secured by the person while in the employ of the	31963
bureau in respect to the transactions, property, claim files,	31964
records, or papers of the bureau or in respect to the business or	31965
mechanical, chemical, or other industrial process of any company,	31966
firm, corporation, person, association, partnership, or public	31967
utility to any person other than the administrator or to the	31968
superior of such employee of the bureau.	31969

Notwithstanding the restrictions imposed by this section, the	31970
governor, select or standing committees of the general assembly,	31971
the auditor of state, the attorney general, or their designees,	31972
pursuant to the authority granted in this chapter and Chapter	31973
4121. of the Revised Code, may examine any records, claim files,	31974
or papers in possession of the industrial commission or the	31975
bureau. They also are bound by the privilege that attaches to	31976
these papers.	31977

The administrator shall report to the director of job and	31978
family services or to the county director of job and family	31979
services the name, address, and social security number or other	31980
identification number of any person receiving workers'	31981
compensation whose name or social security number or other	31982
identification number is the same as that of a person required by	31983
a court or child support enforcement agency to provide support	31984
payments to a recipient or participant of public assistance, and	31985
whose name is submitted to the administrator by the director under	31986
section 5101.36 of the Revised Code. The administrator also shall	31987
inform the director of the amount of workers' compensation paid to	31988
the person during such period as the director specifies.	31989

Within fourteen days after receiving from the director of job	31990
and family services a list of the names and social security	31991
numbers of recipients or participants of public assistance	31992
pursuant to section 5101.181 of the Revised Code, the	31993
administrator shall inform the auditor of state of the name,	31994
current or most recent address, and social security number of each	31995
person receiving workers' compensation pursuant to this chapter	31996
whose name and social security number are the same as that of a	31997
person whose name or social security number was submitted by the	31998
director. The administrator also shall inform the auditor of	31999
state of the amount of workers' compensation paid to the person	32000
during such period as the director specifies.	32001

The bureau and its employees, except for purposes of	32002
furnishing the auditor of state with information required by this	32003
section, shall preserve the confidentiality of recipients or	32004
participants of public assistance in compliance with division (A)	32005
of section 5101.181 of the Revised Code.	32006

For the purposes of this section, "public assistance" means	32007
medical assistance provided through the medical assistance program	32008
established under section 5111.01 of the Revised Code, Ohio works	32009
first provided under Chapter 5107. of the Revised Code,	32010
prevention, retention, and contingency assistancebenefits and	32011
services provided under Chapter 5108. of the Revised Code, or	32012
disability assistance provided under Chapter 5115. of the Revised	32013
Code.	32014

Sec. 4301.12.  The division of liquor control shall provide	32015
for the custody, safekeeping, and deposit of all moneys, checks,	32016
and drafts received by it or any of its employees or agents prior	32017
to paying them to the treasurer of state as provided by section	32018
113.08 of the Revised Code.	32019

A sum equal to three dollars and thirty-eight cents for each	32020
gallon of spirituous liquor sold by the division during the period	32021
covered by the payment shall be paid into the state treasury to	32022
the credit of the general revenue fund. All moneys received from	32023
permit fees shall be paid to the credit of the undivided liquor	32024
permit fund established by section 4301.30 of the Revised Code.	32025

Except as otherwise provided by law, all moneys collected	32026
under Chapters 4301. and 4303. of the Revised Code shall be paid	32027
by the division into the state treasury to the credit of the	32028
liquor control fund, which is hereby created. Amounts in the	32029
liquor control fund may be used to pay the operating expenses of	32030
the liquor control commission.	32031

Whenever, in the judgment of the director of budget and	32032
management, the amount in the custody of the treasurer of state to	32033
the credit of the liquor control fund is in excess of that needed	32034
to meet the maturing obligations of the division, as working	32035
capital for its further operations and, to pay the operating	32036
expenses of the commission, and as required for the alcohol	32037
testing program under section 3701.143 of the Revised Code, the	32038
director shall transfer the excess to the state treasury to the	32039
credit of the general revenue fund.	32040

Sec. 4301.17.  (A) Subject to local option as provided in	32041
sections 4301.32 to 4301.40 of the Revised Code, five state liquor	32042
stores or agencies may be established in each county. One	32043
additional store may be established in any county for each thirty	32044
thousand of population of suchthat county or major fraction	32045
thereof in excess of the first forty thousand, according to the	32046
last preceding federal census. A person engaged in a mercantile	32047
business may act as the agent for the division of liquor control	32048
for the sale of spirituous liquor in a municipal corporation, in	32049
the unincorporated area of a township of not less than two	32050
thousand population, or in an area designated and approved as a	32051
resort area under section 4303.262 of the Revised Code, provided	32052
that not more than one agency contract shall be awarded in the	32053
unincorporated area of a county for each fifty thousand population	32054
of the county. The division shall fix the compensation for such	32055
an agent in suchthe manner as it deemsconsiders best, but such	32056
the compensation shall not exceed seven per cent of the gross	32057
sales made by suchthe agent in any one year.	32058

Except as otherwise provided in this section, no mercantile	32059
business that sells beer or intoxicating liquor for consumption on	32060
the premises under a permit issued by the division shall operate	32061
an agency store at suchthe premises or at any adjacent premises.	32062
An agency to which a D-1 permit has been issued may offer for sale	32063
tasting samples of beer, an agency to which a D-2 permit has been	32064
issued may offer for sale tasting samples of wine and mixed	32065
beverages, and an agency to which a D-5 permit has been issued may	32066
offer for sale tasting samples of beer, wine, and mixed beverages,	32067
but not spirituous liquor. A tasting sample shall not be sold for	32068
the purpose of general consumption. As used in this section,	32069
"tasting sample" means a small amount of beer, wine, or mixed	32070
beverages that is provided in not more than four servings of not	32071
more than two ounces each to an authorized purchaser and that	32072
allows the purchaser to determine, by tasting only, the quality	32073
and character of the beverage.	32074

(B) When an agency contract is proposed or when an existing	32075
agency contract is assigned, before entering into any such	32076
contract or consenting to any assignment, the division shall	32077
notify the legislative authority of the municipal corporation in	32078
which the agency store is to be located, or the board of county	32079
commissioners and the board of township trustees of the county and	32080
the township in which the agency store is to be located if the	32081
agency store is to be located outside the corporate limits of a	32082
municipal corporation, of the proposed contract or assignment, and	32083
an opportunity shall be provided officials or employees of the	32084
municipal corporation or county and township for a complete	32085
hearing upon the advisability of entering into the agency contract	32086
or consenting to the assignment. When the division sends notice	32087
to the legislative authority of the political subdivision, the	32088
department shall notify, by certified mail or by personal service,	32089
the chief peace officer of the political subdivision, who may	32090
appear and testify, either in person or through a representative,	32091
at any hearing held on the advisability of entering into the	32092
agency contract or consenting to the assignment.	32093

On or after July 21, 1986, ifIf the proposed agency store	32094
would be located within five hundred feet of a school, church,	32095
library, public playground, or township park, the division shall	32096
not enter into an agency contract until it has provided notice of	32097
the proposed contract to the authorities in control of the school,	32098
church, library, public playground, or township park and has	32099
provided such officialsthose authorities with an opportunity for	32100
a complete hearing upon the advisability of entering into the	32101
contract. If an agency store so located is operating under an	32102
agency contract, the division may consent to the assignment of	32103
that contract to operate an agency store at the same location,	32104
provided thatbut the division shall not consent to an assignment	32105
until it has notified the authorities in control of the school,	32106
church, library, public playground, or township park and has	32107
provided such officialsthose authorities with an opportunity for	32108
a complete hearing upon the advisability of consenting to the	32109
assignment.	32110

Any hearing provided for in this division shall be held in	32111
the central office of the division, except that upon written	32112
request of the legislative authority of the municipal corporation,	32113
the board of county commissioners, or board of township trustees,	32114
the hearing shall be held in the county seat of the county where	32115
the proposed agency store is to be located.	32116

(C) All agency contracts entered into by the division	32117
pursuant to this section shall be in writing and shall contain a	32118
clause providing for the termination of the contract at will by	32119
the division upon its giving ninety days' notice in writing to	32120
suchthe agent of its intention to do so. Any agency contract may	32121
include a clause requiring the agent to report to the appropriate	32122
law enforcement agency the name and address of any individual	32123
under twenty-one years of age who attempts to make an illegal	32124
purchase.	32125

An agent may engage in the selling of beer, mixed beverages,	32126
and wine pursuant to permits issued to the agent under Chapter	32127
4303. of the Revised Code.	32128

The division shall issue a C-1 and C-2 permit to each agent	32129
who prior to November 1, 1994, had not been issued both of these	32130
permits, notwithstanding the population quota restrictions	32131
contained in section 4303.29 of the Revised Code or in any rule of	32132
the liquor control commission and notwithstanding the requirements	32133
of section 4303.31 of the Revised Code. The location of a C-1 or	32134
C-2 permit issued to such an agent shall not be transferred. The	32135
division shall revoke any C-1 or C-2 permit issued to an agent	32136
under this paragraph if the agent no longer operates an agency	32137
store.	32138

No person shall operate, or have any interest, directly or	32139
indirectly, in more than foureight state agencies in any one	32140
county or more than eightsixteen state agencies in the state for	32141
the sale of spirituous liquor. For purposes of this section, a	32142
person has an interest in a state agency if the person is a	32143
partner, member, officer, or director of, or a shareholder owning	32144
ten per cent or more of the capital stock of, any legal entity	32145
with which the department has entered into an agency contract.	32146

The division may enter into agreements with the department of	32147
development to implement a minority loan program to provide	32148
low-interest loans to minority business enterprises, as defined in	32149
section 122.71 of the Revised Code, that are awarded liquor agency	32150
contracts or assignments.	32151

(D) If the division closes a state liquor store and replaces	32152
that store with an agency store, any employees of the division	32153
employed at that state liquor store who lose their jobs at that	32154
store as a result shall be given preference by the agent who	32155
operates the agency store in filling any vacancies that occur	32156
among the agent's employees, if suchthat preference does not	32157
conflict with the agent's obligations pursuant to a collective	32158
bargaining agreement.	32159

If the division closes a state liquor store and replaces the	32160
store with an agency store, any employees of the division employed	32161
at the state liquor store who lose their jobs at that store as a	32162
result may displace other employees as provided in sections	32163
124.321 to 124.328 of the Revised Code. If an employee cannot	32164
displace other employees and is laid off, the employee shall be	32165
reinstated in another job as provided in sections 124.321 to	32166
124.328 of the Revised Code, except that the employee's rights of	32167
reinstatement in a job at a state liquor store shall continue for	32168
a period of two years after the date of the employee's layoff and	32169
shall apply to jobs at state liquor stores located in the	32170
employee's layoff jurisdiction and any layoff jurisdiction	32171
adjacent to the employee's layoff jurisdiction.	32172

(E) The division shall require every such agent to give bond	32173
with surety to the satisfaction of the division, in suchthe	32174
amount as the division fixes, conditioned for the faithful	32175
performance of the agent's duties as prescribed by the division.	32176

Sec. 4301.24.  No manufacturer shall aid or assist the holder	32177
of any permit for sale at wholesale, and no manufacturer or	32178
wholesale distributor shall aid or assist the holder of any permit	32179
for sale at retail, by gift or loan of any money or property of	32180
any description or other valuable thing, or by giving premiums or	32181
rebates. No holder of any such permit shall accept the same,	32182
provided that the manufacturer or wholesale distributor may	32183
furnish to a retail permittee the inside signs or advertising and	32184
the tap signs or devices authorized by divisions (F) and (G) of	32185
section 4301.22 of the Revised Code.	32186

No manufacturer shall have any financial interest, directly	32187
or indirectly, by stock ownership, or through interlocking	32188
directors in a corporation, or otherwise, in the establishment,	32189
maintenance, or promotion in the business of any wholesale	32190
distributor. No retail permit holder shall have any interest,	32191
directly or indirectly, in the operation of, or any ownership in,	32192
the business of any wholesale distributor or manufacturer.	32193

No manufacturer or wholesale distributor shall, except as	32194
authorized by section 4303.021 of the Revised Code, have any	32195
financial interest, directly or indirectly, by stock ownership, or	32196
through interlocking directors in a corporation, or otherwise, in	32197
the establishment, maintenance, or promotion of the business of	32198
any retail dealer; nor shall any manufacturer or wholesale	32199
distributor or any stockholder thereofof a manufacturer or	32200
wholesale distributor acquire, by ownership in fee, leasehold,	32201
mortgage, or otherwise, directly or indirectly, any interest in	32202
the premises whereonon which the business of any other person	32203
engaged in the business of trafficking in beer or intoxicating	32204
liquor is conducted. All contracts, covenants, conditions, and	32205
limitations whereby any person engaged or proposing to engage in	32206
the sale of beer or intoxicating liquors promises to confine the	32207
person's sales of a particular kind or quality of beer or	32208
intoxicating liquor to one or more products, or the products of a	32209
specified manufacturer or wholesale distributor, or to give	32210
preference to suchthose products, shall to the extent of such	32211
that promise be void. The making of sucha promise in any such	32212
form shall be cause for the revocation or suspension of any permit	32213
issued to any party. This section does not prevent the holder of	32214
an A permit from securing and holding a wholesale distributor's	32215
permit or permits and operating as a wholesale distributor.	32216

No manufacturer shall sell or offer to sell to any wholesale	32217
distributor or retail permit holder, and no wholesale distributor	32218
shall sell or offer to sell to any retail permit holder, and no	32219
wholesale distributor or retail permit holder shall purchase or	32220
receive from any manufacturer or wholesale distributor, any malt	32221
or brewed beverages or wine manufactured in the United States	32222
except for cash. No right of action shall exist to collect any	32223
claims for credit extended contrary to this section. This section	32224
does not prohibit a licensee from crediting to a purchaser the	32225
actual prices charged for packages or containers returned by the	32226
original purchaser as a credit on any sale or from refunding to	32227
any purchaser the amount paid by suchthat purchaser for	32228
containers or as a deposit on containers when title is retained by	32229
the vendor, if suchthose containers or packages have been	32230
returned to the manufacturer or distributor. This section does	32231
not prohibit a manufacturer from extending usual and customary	32232
credit for malt or brewed beverages or wine manufactured in the	32233
United States and sold to customers who live or maintain places of	32234
business outside this state when the beverages so sold are	32235
actually transported and delivered to points outside this state.	32236
No wholesale or retail permit shall be issued to an applicant	32237
unless suchthe applicant has paid in full all accounts for beer	32238
and malt beverages or wine, manufactured in the United States,	32239
outstanding as of September 6, 1939. No beer or malt beverages or	32240
wine manufactured in the United States shall be imported into the	32241
state unless the samebeer or malt beverages or wine has been paid	32242
for in cash, and no consent to import any such beer or malt	32243
beverages or wine manufactured in the United States shall be	32244
issued by the division of liquor control until the A-2, B-1, or	32245
B-5 permit holder establishes to the satisfaction of the division	32246
that the samebeer or malt beverages or wine has been paid for in	32247
cash.	32248

This section does not prevent a manufacturer from securing	32249
and holding any financial interest, directly or indirectly, by	32250
stock ownership or through interlocking directors in a	32251
corporation, or otherwise, in the establishment, maintenance, or	32252
promotion of the business or premises of any C or D permit holder,	32253
provided that the following conditions are met:	32254

(A) Either the manufacturer or one of its parent companies	32255
is listed on a national securities exchange.	32256

(B) All purchases of alcoholic beverages by the C or D	32257
permit holder are made from wholesale distributors in this state	32258
or agency stores licensed by the division of liquor control.	32259

(C) If the C or D permit holder sells brands of alcoholic	32260
beverages that are produced or distributed by the manufacturer	32261
that holds the financial interest, the C or D permit holder also	32262
sells other competing brands of alcoholic beverages produced by	32263
other manufacturers, no preference is given to the products of the	32264
manufacturer, and there is no exclusion, in whole or in part, of	32265
products sold or offered for sale by other manufacturers,	32266
suppliers, or importers of alcoholic beverages that constitutes a	32267
substantial impairment of commerce.	32268

(D) The primary purpose of the C or D permit premises is a	32269
purpose other than to sell alcoholic beverages, and the sale of	32270
other goods and services exceeds fifty per cent of the total gross	32271
receipts of the C or D permit holder at its premises.	32272

This section does not prevent a manufacturer from giving	32273
financial assistance to the holder of a B permit for the purpose	32274
of the holder purchasing an ownership interest in the business,	32275
existing inventory and equipment, or property of another B permit	32276
holder, including, but not limited to, participation in a limited	32277
liability partnership, limited liability company, or any other	32278
legal entity authorized to do business in this state. This section	32279
does not permit a manufacturer to give financial assistance to the	32280
holder of a B permit to purchase inventory or equipment used in	32281
the daily operation of a B permit holder.	32282

Sec. 4301.422.  (A) Any person who makes sales of beer,	32283
cider, wine, or mixed beverages to persons for resale at retail in	32284
a county in which a tax has been enacted pursuant to section	32285
4301.421 or 4301.424 of the Revised Code, and any manufacturer,	32286
bottler, importer, or other person who makes sales at retail in	32287
the county upon which the tax has not been paid, is liable for the	32288
tax. Each person liable for the tax shall register with the tax	32289
commissioner on a form prescribed by the commissioner and provide	32290
whatever information the commissioner considers necessary.	32291

(B) Each person liable for the tax shall file a return and	32292
pay the tax to the treasurer of statetax commissioner by the last	32293
day of the month following the month in which the sale occurred.	32294
The return is considered to be filed when received by the	32295
treasurer of statetax commissioner. The return shall be	32296
prescribed by the commissioner, and no person filing such a return	32297
shall fail to provide the information specified on the return. If	32298
the return is filed and the amount of tax shown on the return to	32299
be due is paid on or before the date the return is required to be	32300
filed, the person required to file the return shall receive an	32301
administrative fee of two and one-half per cent of that person's	32302
total tax liability under section 4301.421 of the Revised Code for	32303
the purpose of offsetting additional costs incurred in collecting	32304
and remitting the tax. Any person required to file a return who	32305
fails to file timely may be required to forfeit and pay into the	32306
state treasury an amount not exceeding fifty dollars or ten per	32307
cent of the tax due, whichever is greater, as revenue arising from	32308
the tax. That amount may be collected by assessment in the manner	32309
specified in sections 4305.13 and 4305.131 of the Revised Code.	32310

(C) A tax levied pursuant to section 4301.421 or 4301.424 of	32311
the Revised Code shall be administered by the tax commissioner.	32312
The commissioner shall have all powers and authority incident to	32313
such administration, including examination of records, audit,	32314
refund, assessment, and seizure and forfeiture of untaxed	32315
beverages. The procedures, rights, privileges, limitations,	32316
prohibitions, responsibilities, and duties specified in sections	32317
4301.48 to 4301.52, 4305.13, 4305.131, and 4307.01 to 4307.12 of	32318
the Revised Code apply in the administration of the tax.	32319

(D) Each person required to pay the tax levied pursuant to	32320
section 4301.421 or 4301.424 of the Revised Code who sells beer,	32321
cider, wine, or mixed beverages for resale at retail within a	32322
county in which the tax is levied shall clearly mark on all	32323
invoices, billings, and similar documents the amount of tax and	32324
the name of the county in which the tax is levied.	32325

(E) Each person required to pay the tax levied by section	32326
4301.421 or 4301.424 of the Revised Code shall maintain complete	32327
records of all sales for at least three years. The records shall	32328
be open to inspection by the tax commissioner.	32329

(F) All money collected by the tax commissioner under this	32330
section shall be paid to the treasurer of state as revenue arising	32331
from the tax imposed by section 4301.421 or 4301.424 of the	32332
Revised Code.	32333

Sec. 4301.43.  (A) As used in sections 4301.43 to 4301.50 of	32334
the Revised Code:	32335

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	32336
fluid ounces.	32337

(2) "Sale" or "sell" includes exchange, barter, gift,	32338
distribution, and, except with respect to A-4 permit holders,	32339
offer for sale.	32340

(B) For the purposes of providing revenues for the support	32341
of the state and encouraging the grape industries in the state, a	32342
tax is hereby levied on the sale or distribution of wine in Ohio,	32343
except for known sacramental purposes, at the rate of thirty cents	32344
per wine gallon for wine containing not less than four per cent of	32345
alcohol by volume and not more than fourteen per cent of alcohol	32346
by volume, ninety-eight cents per wine gallon for wine containing	32347
more than fourteen per cent but not more than twenty-one per cent	32348
of alcohol by volume, one dollar and eight cents per wine gallon	32349
for vermouth, and one dollar and forty-eight cents per wine gallon	32350
for sparkling and carbonated wine and champagne, the tax to be	32351
paid by the holders of A-2 and B-5 permits or by any other person	32352
selling or distributing wine upon which no tax has been paid. From	32353
the tax paid under this section on wine, vermouth, and sparkling	32354
and carbonated wine and champagne, the treasurer of state shall	32355
credit to the Ohio grape industries fund created under section	32356
924.54 of the Revised Code a sum equal to one cent per gallon for	32357
each gallon upon which the tax is paid.	32358

(C) For the purpose of providing revenues for the support of	32359
the state, there is hereby levied a tax on prepared and bottled	32360
highballs, cocktails, cordials, and other mixed beverages at the	32361
rate of one dollar and twenty cents per wine gallon to be paid by	32362
holders of A-4 permits or by any other person selling or	32363
distributing those products upon which no tax has been paid. Only	32364
one sale of the same article shall be used in computing the amount	32365
of tax due. The tax on mixed beverages to be paid by holders of	32366
A-4 permits under this section shall not attach until the	32367
ownership of the mixed beverage is transferred for valuable	32368
consideration to a wholesaler or retailer, and no payment of the	32369
tax shall be required prior to that time.	32370

(D) During the period from June 30, 1995, untilof July 1,	32371
2001, through June 30, 2003, from the tax paid under this section	32372
on wine, vermouth, and sparkling and carbonated wine and	32373
champagne, the treasurer of state shall credit to the Ohio grape	32374
industries fund created under section 924.54 of the Revised Code a	32375
sum equal to two cents per gallon upon which the tax is paid. The	32376
amount credited under this division is in addition to the amount	32377
credited to the Ohio grape industries fund under division (B) of	32378
this section.	32379

(E) For the purpose of providing revenues for the support of	32380
the state, there is hereby levied a tax on cider at the rate of	32381
twenty-four cents per wine gallon to be paid by the holders of A-2	32382
and B-5 permits or by any other person selling or distributing	32383
cider upon which no tax has been paid. Only one sale of the same	32384
article shall be used in computing the amount of the tax due.	32385

Sec. 4303.33.  (A) Every A-1 permit holder in this state,	32386
every bottler, importer, wholesale dealer, broker, producer, or	32387
manufacturer of beer outside this state and within the United	32388
States, and every B-1 permit holder and importer importing beer	32389
from any manufacturer, bottler, person, or group of persons	32390
however organized outside the United States for sale or	32391
distribution for sale in this state, on or before the eighteenth	32392
day of each month, shall make and file with the treasurer of state	32393
tax commissioner upon a form prescribed by the tax commissioner an	32394
advance tax payment in an amount estimated to equal the taxpayer's	32395
tax liability for the month in which the advance tax payment is	32396
made. If the advance tax payment credits claimed on the report are	32397
for advance tax payments received by the treasurer of statetax	32398
commissioner on or before the eighteenth day of the month covered	32399
by the report, the taxpayer is entitled to an additional credit of	32400
three per cent of the advance tax payment and a discount of three	32401
per cent shall be allowed the taxpayer at the time of filing the	32402
report if filed as provided in division (B) of this section on any	32403
amount by which the tax liability reflected in the report exceeds	32404
the advance tax payment estimate by not more than ten per cent.	32405
The additional three per cent credit and three per cent discount	32406
shall be in consideration for advancing the payment of the tax and	32407
other services performed by the permit holder and other taxpayers	32408
in the collection of the tax. The treasurer of state shall stamp	32409
or otherwise mark thereon the date the advance tax payment was	32410
received by the treasurer and the amount of the advance tax	32411
payment, and shall transmit that information to the tax	32412
commissioner.	32413

"Advance tax payment credit" means credit for payments made	32414
by an A-1 or B-1 permit holder and any other persons during the	32415
period covered by a report which was made in anticipation of the	32416
tax liability required to be reported on that report.	32417

"Tax liability" as used in division (A) of this section means	32418
the total gross tax liability of an A-1 or B-1 permit holder and	32419
any other persons for the period covered by a report before any	32420
allowance for credits and discount.	32421

(B) Every A-1 permit holder in this state, every bottler,	32422
importer, wholesale dealer, broker, producer, or manufacturer of	32423
beer outside this state and within the United States, and every	32424
B-1 permit holder importing beer from any manufacturer, bottler,	32425
person, or group of persons however organized outside the United	32426
States, on or before the tenth day of each month, shall make and	32427
file a report for the preceding month upon a form prescribed by	32428
the tax commissioner which report shall show the amount of beer	32429
produced, sold, and distributed for sale in this state by the A-1	32430
permit holder, sold and distributed for sale in this state by each	32431
manufacturer, bottler, importer, wholesale dealer, or broker	32432
outside this state and within the United States, and the amount of	32433
beer imported into this state from outside the United States and	32434
sold and distributed for sale in this state by the B-1 permit	32435
holder or importer.	32436

The report shall be filed by mailing it to the treasurer of	32437
statetax commissioner, together with payment of the tax levied by	32438
sections 4301.42 and 4305.01 of the Revised Code shown to be due	32439
on the report after deduction of advance payment credits and any	32440
additional credits or discounts provided for under this section.	32441
The treasurer of state shall stamp or otherwise mark on each	32442
report the date it was received by the treasurer, the amount of	32443
the tax payment accompanying the report, and shall transmit the	32444
report to the tax commissioner.	32445

(C) Every A-2 and A-4, B-2, B-3, B-4, and B-5 permit holder	32446
in this state, on or before the eighteenth day of each month,	32447
shall make and file a report with the treasurer of statetax	32448
commissioner upon a form prescribed by the tax commissioner which	32449
report shall show, on the report of each A-2 and A-4 permit holder	32450
the amount of wine, cider, and mixed beverages produced and sold,	32451
or sold in this state by each such A-2 and A-4 permit holder for	32452
the next preceding calendar month and such other information as	32453
the tax commissioner requires, and on the report of each such B-2,	32454
B-3, B-4, and B-5 permit holder the amount of wine, cider, and	32455
mixed beverages purchased from an importer, broker, wholesale	32456
dealer, producer, or manufacturer located outside this state and	32457
sold and distributed in this state by such B-2, B-3, B-4, and B-5	32458
permit holder, for the next preceding calendar month and such	32459
other information as the tax commissioner requires.	32460

Every such A-2, A-4, B-2, B-3, B-4, and B-5 permit holder in	32461
this state shall remit with the report the tax levied by sections	32462
4301.43 and, if applicable, 4301.432 of the Revised Code less a	32463
discount thereon of three per cent of the total tax so levied and	32464
paid, provided the return is filed together with remittance of the	32465
amount of tax shown to be due thereon, within the time prescribed.	32466
The treasurer of state shall stamp or otherwise mark on all	32467
reports the date it was received by the treasurer and the amount	32468
of tax payment accompanying all reports and shall transmit the	32469
return to the commissioner. Any permit holder or other persons	32470
who fail to file a report under this section, for each day the	32471
person so fails, may be required to forfeit and pay into the state	32472
treasury the sum of one dollar as revenue arising from the tax	32473
imposed by sections 4301.42, 4301.43, 4301.432, and 4305.01 of the	32474
Revised Code, and that sum may be collected by assessment in the	32475
manner provided in section 4305.13 of the Revised Code.	32476

(D) Every B-1 permit holder and importer in this state	32477
importing beer from any manufacturer, bottler, person, or group of	32478
persons however organized, outside the United States, if required	32479
by the tax commissioner shall post a bond payable to the state in	32480
such form and amount as the commissioner prescribes with surety to	32481
the satisfaction of the tax commissioner, conditioned upon the	32482
payment to the treasurer of statetax commissioner of taxes levied	32483
by sections 4301.42 and 4305.01 of the Revised Code.	32484

(E) No such wine, beer, cider, or mixed beverages sold or	32485
distributed in this state shall be taxed more than once under	32486
sections 4301.42, 4301.43, and 4305.01 of the Revised Code.	32487

(F) As used in this section:

32488

(1) "Cider" has the same meaning as in section 4301.01 of the	32489
Revised Code.	32490

(2) "Wine" has the same meaning as in section 4301.01 of the	32491
Revised Code, except that "wine" does not include cider.	32492

(G) All money collected by the tax commissioner under this	32493
section shall be paid to the treasurer of state as revenue arising	32494
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	32495
4305.01 of the Revised Code.	32496

Sec. 4303.331.  No permit holder shall purchase and import	32497
into this state any beer from any manufacturer, bottler, importer,	32498
wholesale dealer, or broker outside this state and within the	32499
United States unless and until such manufacturer, bottler,	32500
importer, wholesale dealer, or broker registers with the tax	32501
commissioner and supplies such information as the commissioner may	32502
require.	32503

The commissioner may by rule require any registrant to file	32504
with the commissioner a bond payable to the state in such form and	32505
amount as the commissioner prescribes with surety to the	32506
satisfaction of the tax commissioner conditioned upon the making	32507
of the report to be made to the treasurer of statetax	32508
commissioner and the payment to the treasurer of statetax	32509
commissioner of taxes levied by sections 4301.42 and 4305.01 of	32510
the Revised Code, all as provided in section 4303.33 of the	32511
Revised Code.	32512

Any such manufacturer, bottler, importer, wholesale dealer,	32513
or broker shall, as a part of such registration, make the	32514
secretary of state hisits agent for the service of process or	32515
notice of any assessment, action, or proceedings instituted in the	32516
state against such person under sections 4303.33, 4301.42, and	32517
4305.01 of the Revised Code.	32518

Such process or notice shall be served, by the officer to	32519
whom it is directed or by the tax commissioner, or by the sheriff	32520
of Franklin county, who may be deputized for such purpose by the	32521
officer to whom the service is directed, upon the secretary of	32522
state by leaving at the office of the secretary of state, at least	32523
fifteen days before the return day of such process or notice, a	32524
true and attested copy thereof, and by sending to the defendant by	32525
certified mail, postage prepaid, a like and true attested copy,	32526
with an endorsement thereon of the service upon the secretary of	32527
state, addressed to such defendant at the address listed in the	32528
registration or at the defendant's last known address.	32529

Any B-1 permit holder who purchases beer from any	32530
manufacturer, bottler, importer, wholesale dealer, or broker	32531
outside this state and within the United States who has not	32532
registered with the tax commissioner and filed a bond as provided	32533
in this section shall be liable for any tax due on any beer	32534
purchased from such unregistered manufacturer, bottler, importer,	32535
wholesale dealer, or broker and shall be subject to any penalties	32536
provided in Chapters 4301., 4303., 4305., and 4307. of the Revised	32537
Code.	32538

Any B-1 permit holder who purchases beer from any	32539
manufacturer, bottler, importer, wholesale dealer, or broker	32540
outside this state and within the United States who has complied	32541
with this section shall not be liable for any tax due to the state	32542
on any beer purchased from any such manufacturer, bottler,	32543
importer, wholesale dealer, or broker.	32544

All money collected by the tax commissioner under this	32545
section shall be paid to the treasurer of state as revenue arising	32546
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	32547
4305.01 of the Revised Code.	32548

Sec. 4503.034. (A) Notwithstanding sections 4503.10,	32549
4503.102, 4503.12, 4503.182, 4505.061, 4506.08, 4507.24, 4507.50,	32550
4507.52, 4519.03, 4519.10, 4519.56, and 4519.69 of the Revised	32551
Code:	32552

(1) Each deputy registrar shall be allowed the increased fee	32553
otherwise allowed in those sections and commencing on January 1,	32554
2003, for performing the services specified in those sections only	32555
if the deputy registrars achieve a statewide satisfaction rate of	32556
at least ninety per cent on the survey conducted by the registrar	32557
of motor vehicles under this section. If the deputy registrars	32558
fail to achieve a statewide satisfaction rate of at least ninety	32559
per cent on the survey, the fee for performing the services	32560
specified in those sections shall remain at the rate in effect for	32561
the immediately preceding year.	32562

(2) Each deputy registrar shall be allowed the increased fee	32563
otherwise allowed in those sections and commencing on January 1,	32564
2004, for performing the services specified in those sections only	32565
if the deputy registrars achieve a statewide satisfaction rate of	32566
at least ninety per cent on the survey conducted by the registrar	32567
under this section. If the deputy registrars fail to achieve a	32568
statewide satisfaction rate of at least ninety per cent on the	32569
survey, the fee for performing the services specified in those	32570
sections shall remain at the rate in effect for the immediately	32571
preceding year.	32572

(B) The registrar shall develop and conduct a survey	32573
evaluating public satisfaction with the conduct of services by	32574
deputy registrars under sections 4503.10, 4503.102, 4503.12,	32575
4503.182, 4505.061, 4506.08, 4507.24, 4507.50, 4507.52, 4519.03,	32576
4519.10, 4519.56, and 4519.69 of the Revised Code. In developing	32577
the survey, the registrar also shall establish standards that	32578
shall enable a deputy registrar to achieve a ninety per cent	32579
satisfaction rating. The ninety per cent satisfaction rate	32580
required under divisions (A)(1) and (2) of this section as a	32581
condition to increasing the service fees shall be determined on a	32582
statewide basis and not on an individual basis. The registrar	32583
shall conduct the survey in 2002 to determine the satisfaction	32584
rating for purposes of division (A)(1) of this section and shall	32585
conduct the survey again in 2003 to determine the satisfaction	32586
rating for purposes of division (A)(2) of this section.	32587

Sec. 4503.10.  (A) The owner of every snowmobile,	32588
off-highway motorcycle, and all-purpose vehicle required to be	32589
registered under section 4519.02 of the Revised Code shall file an	32590
application for registration under section 4519.03 of the Revised	32591
Code. The owner of a motor vehicle, other than a snowmobile,	32592
off-highway motorcycle, or all-purpose vehicle, that is not	32593
designed and constructed by the manufacturer for operation on a	32594
street or highway may not register it under this chapter except	32595
upon certification of inspection pursuant to section 4513.02 of	32596
the Revised Code by the sheriff or chief of police of the	32597
municipal or township police with jurisdiction over the political	32598
subdivision in which the owner of the motor vehicle resides.	32599
Except as provided in section 4503.103 of the Revised Code, every	32600
owner of every other motor vehicle not previously described in	32601
this section and every person mentioned as owner in the last	32602
certificate of title of a motor vehicle that is operated or driven	32603
upon the public roads or highways shall cause to be filed each	32604
year, by mail or otherwise, in the office of the registrar of	32605
motor vehicles or a deputy registrar, a written or electronic	32606
application or a preprinted registration renewal notice issued	32607
under section 4503.102 of the Revised Code, the form of which	32608
shall be prescribed by the registrar, for registration for the	32609
following registration year, which shall begin on the first day of	32610
January of every calendar year and end on the thirty-first day of	32611
December in the same year. Applications for registration and	32612
registration renewal notices shall be filed at the times	32613
established by the registrar pursuant to section 4503.101 of the	32614
Revised Code. A motor vehicle owner also may elect to renew a	32615
motor vehicle registration by electronic means using electronic	32616
signature in accordance with rules adopted by the registrar.	32617
Except as provided in division (J) of this section, applications	32618
for registration shall be made on blanks furnished by the	32619
registrar for that purpose, containing the following information:	32620

(1) A brief description of the motor vehicle to be	32621
registered, including the name of the manufacturer, the factory	32622
number of the vehicle, the year's model, and, in the case of	32623
commercial cars, the gross weight of the vehicle fully equipped	32624
computed in the manner prescribed in section 4503.08 of the	32625
Revised Code;	32626

(2) The name and residence address of the owner, and the	32627
township and municipal corporation in which the owner resides;	32628

(3) The district of registration, which shall be determined	32629
as follows:	32630

(a) In case the motor vehicle to be registered is used for	32631
hire or principally in connection with any established business or	32632
branch business, conducted at a particular place, the district of	32633
registration is the municipal corporation in which that place is	32634
located or, if not located in any municipal corporation, the	32635
county and township in which that place is located.	32636

(b) In case the vehicle is not so used, the district of	32637
registration is the municipal corporation or county in which the	32638
owner resides at the time of making the application.	32639

(4) Whether the motor vehicle is a new or used motor	32640
vehicle;	32641

(5) The date of purchase of the motor vehicle;

32642

(6) Whether the fees required to be paid for the	32643
registration or transfer of the motor vehicle, during the	32644
preceding registration year and during the preceding period of the	32645
current registration year, have been paid. Each application for	32646
registration shall be signed by the owner, either manually or by	32647
electronic signature, or pursuant to obtaining a limited power of	32648
attorney authorized by the registrar for registration, or other	32649
document authorizing such signature. If the owner elects to renew	32650
the motor vehicle registration with the registrar by electronic	32651
means, the owner's manual signature is not required.	32652

(7) The owner's social security number, if assigned, or,	32653
where a motor vehicle to be registered is used for hire or	32654
principally in connection with any established business, the	32655
owner's federal taxpayer identification number.	32656

(B) Each time the applicant first registers a motor vehicle	32657
in the applicant's name, the applicant shall present for	32658
inspection a certificate of title or a memorandum certificate	32659
showing title to the motor vehicle to be registered in the	32660
applicant. When a motor vehicle inspection and maintenance	32661
program is in effect under section 3704.14 of the Revised Code and	32662
rules adopted under it, each application for registration for a	32663
vehicle required to be inspected under that section and those	32664
rules shall be accompanied by an inspection certificate for the	32665
motor vehicle issued in accordance with that section. The	32666
application shall be refused if any of the following applies:	32667

(1) The application is not in proper form.

32668

(2) The application is prohibited from being accepted by	32669
division (D) of section 2935.27, division (A) of section 2937.221,	32670
division (A) of section 4503.13, division (B) of section 4507.168,	32671
or division (B)(1) of section 4521.10 of the Revised Code.	32672

(3) A certificate of title or memorandum certificate of	32673
title does not accompany the application.	32674

(4) All registration and transfer fees for the motor	32675
vehicle, for the preceding year or the preceding period of the	32676
current registration year, have not been paid.	32677

(5) The owner or lessee does not have an inspection	32678
certificate for the motor vehicle as provided in section 3704.14	32679
of the Revised Code, and rules adopted under it, if that section	32680
is applicable.	32681

This section does not require the payment of license or	32682
registration taxes on a motor vehicle for any preceding year, or	32683
for any preceding period of a year, if the motor vehicle was not	32684
taxable for that preceding year or period under sections 4503.02,	32685
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	32686
Revised Code. When a certificate of registration is issued upon	32687
the first registration of a motor vehicle by or on behalf of the	32688
owner, the official issuing the certificate shall indicate the	32689
issuance with a stamp on the certificate of title or memorandum	32690
certificate and on the inspection certificate for the motor	32691
vehicle, if any. The official also shall indicate, by a stamp or	32692
by such other means as the registrar prescribes, on the	32693
registration certificate issued upon the first registration of a	32694
motor vehicle by or on behalf of the owner the odometer reading of	32695
the motor vehicle as shown in the odometer statement included in	32696
or attached to the certificate of title. Upon each subsequent	32697
registration of the motor vehicle by or on behalf of the same	32698
owner, the official also shall so indicate the odometer reading of	32699
the motor vehicle as shown on the immediately preceding	32700
certificate of registration.	32701

The registrar shall include in the permanent registration	32702
record of any vehicle required to be inspected under section	32703
3704.14 of the Revised Code the inspection certificate number from	32704
the inspection certificate that is presented at the time of	32705
registration of the vehicle as required under this division.	32706

(C) In addition, a charge of twenty-five cents shall be made	32707
for each reflectorized safety license plate issued, and a single	32708
charge of twenty-five cents shall be made for each county	32709
identification sticker or each set of county identification	32710
stickers issued, as the case may be, to cover the cost of	32711
producing the license plates and stickers, including material,	32712
manufacturing, and administrative costs. Those fees shall be in	32713
addition to the license tax. If the total cost of producing the	32714
plates is less than twenty-five cents per plate, or if the total	32715
cost of producing the stickers is less than twenty-five cents per	32716
sticker or per set issued, any excess moneys accruing from the	32717
fees shall be distributed in the same manner as provided by	32718
section 4501.04 of the Revised Code for the distribution of	32719
license tax moneys. If the total cost of producing the plates	32720
exceeds twenty-five cents per plate, or if the total cost of	32721
producing the stickers exceeds twenty-five cents per sticker or	32722
per set issued, the difference shall be paid from the license tax	32723
moneys collected pursuant to section 4503.02 of the Revised Code.	32724

(D) Each deputy registrar shall be allowed a fee of two	32725
dollars and twenty-fiveseventy-five cents commencing on July 1,	32726
2001, three dollars and twenty-five cents commencing on January 1,	32727
2003, and three dollars and fifty cents commencing on January 1,	32728
2004, for each application for registration and registration	32729
renewal notice the deputy registrar receives, which shall be for	32730
the purpose of compensating the deputy registrar for the deputy	32731
registrar's services, and such office and rental expenses, as may	32732
be necessary for the proper discharge of the deputy registrar's	32733
duties in the receiving of applications and renewal notices and	32734
the issuing of licenses.	32735

(E) Upon the certification of the registrar, the county	32736
sheriff or local police officials shall recover license plates	32737
erroneously or fraudulently issued.	32738

(F) Each deputy registrar, upon receipt of any application	32739
for registration or registration renewal notice, together with the	32740
license fee and any local motor vehicle license tax levied	32741
pursuant to Chapter 4504. of the Revised Code, shall transmit that	32742
fee and tax, if any, in the manner provided in this section,	32743
together with the original and duplicate copy of the application,	32744
to the registrar. The registrar, subject to the approval of the	32745
director of public safety, may deposit the funds collected by	32746
those deputies in a local bank or depository to the credit of the	32747
"state of Ohio, bureau of motor vehicles." Where a local bank or	32748
depository has been designated by the registrar, each deputy	32749
registrar shall deposit all moneys collected by the deputy	32750
registrar into that bank or depository not more than one business	32751
day after their collection and shall make reports to the registrar	32752
of the amounts so deposited, together with any other information,	32753
some of which may be prescribed by the treasurer of state, as the	32754
registrar may require and as prescribed by the registrar by rule.	32755
The registrar, within three days after receipt of notification of	32756
the deposit of funds by a deputy registrar in a local bank or	32757
depository, shall draw on that account in favor of the treasurer	32758
of state. The registrar, subject to the approval of the director	32759
and the treasurer of state, may make reasonable rules necessary	32760
for the prompt transmittal of fees and for safeguarding the	32761
interests of the state and of counties, townships, municipal	32762
corporations, and transportation improvement districts levying	32763
local motor vehicle license taxes. The registrar may pay service	32764
charges usually collected by banks and depositories for such	32765
service. If deputy registrars are located in communities where	32766
banking facilities are not available, they shall transmit the fees	32767
forthwith, by money order or otherwise, as the registrar, by rule	32768
approved by the director and the treasurer of state, may	32769
prescribe. The registrar may pay the usual and customary fees for	32770
such service.	32771

(G) This section does not prevent any person from making an	32772
application for a motor vehicle license directly to the registrar	32773
by mail, by electronic means, or in person at any of the	32774
registrar's offices, upon payment of a service fee of two dollars	32775
and twenty-fiveseventy-five cents commencing on July 1, 2001,	32776
three dollars and twenty-five cents commencing on January 1, 2003,	32777
and three dollars and fifty cents commencing on January 1, 2004,	32778
for each application.	32779

(H) No person shall make a false statement as to the	32780
district of registration in an application required by division	32781
(A) of this section. Violation of this division is falsification	32782
under section 2921.13 of the Revised Code and punishable as	32783
specified in that section.	32784

(I)(1) Where applicable, the requirements of division (B) of	32785
this section relating to the presentation of an inspection	32786
certificate issued under section 3704.14 of the Revised Code and	32787
rules adopted under it for a motor vehicle, the refusal of a	32788
license for failure to present an inspection certificate, and the	32789
stamping of the inspection certificate by the official issuing the	32790
certificate of registration apply to the registration of and	32791
issuance of license plates for a motor vehicle under sections	32792
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	32793
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	32794
4503.47, and 4503.51 of the Revised Code.	32795

(2)(a) The registrar shall adopt rules ensuring that each	32796
owner registering a motor vehicle in a county where a motor	32797
vehicle inspection and maintenance program is in effect under	32798
section 3704.14 of the Revised Code and rules adopted under it	32799
receives information about the requirements established in that	32800
section and those rules and about the need in those counties to	32801
present an inspection certificate with an application for	32802
registration or preregistration.	32803

(b) Upon request, the registrar shall provide the director	32804
of environmental protection, or any person that has been awarded a	32805
contract under division (D) of section 3704.14 of the Revised	32806
Code, an on-line computer data link to registration information	32807
for all passenger cars, noncommercial motor vehicles, and	32808
commercial cars that are subject to that section. The registrar	32809
also shall provide to the director of environmental protection a	32810
magnetic data tape containing registration information regarding	32811
passenger cars, noncommercial motor vehicles, and commercial cars	32812
for which a multi-year registration is in effect under section	32813
4503.103 of the Revised Code or rules adopted under it, including,	32814
without limitation, the date of issuance of the multi-year	32815
registration, the registration deadline established under rules	32816
adopted under section 4503.101 of the Revised Code that was	32817
applicable in the year in which the multi-year registration was	32818
issued, and the registration deadline for renewal of the	32819
multi-year registration.	32820

(J) Application for registration under the international	32821
registration plan, as set forth in sections 4503.60 to 4503.66 of	32822
the Revised Code, shall be made to the registrar on forms	32823
furnished by the registrar. In accordance with international	32824
registration plan guidelines and pursuant to rules adopted by the	32825
registrar, the forms shall include the following:	32826

(1) A uniform mileage schedule;

32827

(2) The gross vehicle weight of the vehicle or combined	32828
gross vehicle weight of the combination vehicle as declared by the	32829
registrant;	32830

(3) Any other information the registrar requires by rule.

32831

Sec. 4503.102.  (A) The registrar of motor vehicles shall	32832
adopt rules to establish a centralized system of motor vehicle	32833
registration renewal by mail or by electronic means. Any person	32834
owning a motor vehicle that was registered in the person's name	32835
during the preceding registration year shall renew the	32836
registration of the motor vehicle not more than ninety days prior	32837
to the expiration date of the registration either by mail or by	32838
electronic means through the centralized system of registration	32839
established under this section, or in person at any office of the	32840
registrar or at a deputy registrar's office.	32841

(B)(1) No less than forty-five days prior to the expiration	32842
date of any motor vehicle registration, the registrar shall mail a	32843
renewal notice to the person in whose name the motor vehicle is	32844
registered. The renewal notice shall clearly state that the	32845
registration of the motor vehicle may be renewed by mail or	32846
electronic means through the centralized system of registration or	32847
in person at any office of the registrar or at a deputy	32848
registrar's office and shall be preprinted with information	32849
including, but not limited to, the owner's name and residence	32850
address as shown in the records of the bureau of motor vehicles, a	32851
brief description of the motor vehicle to be registered, notice of	32852
the license taxes and fees due on the motor vehicle, the toll-free	32853
telephone number of the registrar as required under division	32854
(D)(1) of section 4503.031 of the Revised Code, and any additional	32855
information the registrar may require by rule. The renewal notice	32856
shall be sent by regular mail to the owner's last known address as	32857
shown in the records of the bureau of motor vehicles.	32858

(2) If the application for renewal of the registration of a	32859
motor vehicle is prohibited from being accepted by the registrar	32860
or a deputy registrar by division (D) of section 2935.27, division	32861
(A) of section 2937.221, division (A) of section 4503.13, division	32862
(B) of section 4507.168, or division (B)(1) of section 4521.10 of	32863
the Revised Code, the registrar is not required to send a renewal	32864
notice to the vehicle owner or vehicle lessee.	32865

(C) The owner of the motor vehicle shall verify the	32866
information contained in the notice, sign it either manually or by	32867
electronic means, and return it, either by mail or electronic	32868
means, or the owner may take it in person to any office of the	32869
registrar or of a deputy registrar, together with a financial	32870
transaction device number, when permitted by rule of the	32871
registrar, check, or money order in the amount of the registration	32872
taxes and fees payable on the motor vehicle and a mail fee of two	32873
dollars and twenty-fiveseventy-five cents commencing on July 1,	32874
2001, three dollars and twenty-five cents commencing on January 1,	32875
2003, and three dollars and fifty cents commencing on January 1,	32876
2004, plus postage as indicated on the notice, if the registration	32877
is renewed by mail, and an inspection certificate for the motor	32878
vehicle as provided in section 3704.14 of the Revised Code. If	32879
the motor vehicle owner chooses to renew the motor vehicle	32880
registration by electronic means, the owner shall proceed in	32881
accordance with the rules the registrar adopts.	32882

(D) If all registration and transfer fees for the motor	32883
vehicle for the preceding year or the preceding period of the	32884
current registration year have not been paid, if division (D) of	32885
section 2935.27, division (A) of section 2937.221, division (A) of	32886
section 4503.13, division (B) of section 4507.168, or division	32887
(B)(1) of section 4521.10 of the Revised Code prohibits acceptance	32888
of the renewal notice, or if the owner or lessee does not have an	32889
inspection certificate for the motor vehicle as provided in	32890
section 3704.14 of the Revised Code, if that section is	32891
applicable, the license shall be refused, and the registrar or	32892
deputy registrar shall so notify the owner. This section does not	32893
require the payment of license or registration taxes on a motor	32894
vehicle for any preceding year, or for any preceding period of a	32895
year, if the motor vehicle was not taxable for that preceding year	32896
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or	32897
4503.16 or Chapter 4504. of the Revised Code.	32898

(E)(1) Failure to receive a renewal notice does not relieve	32899
a motor vehicle owner from the responsibility to renew the	32900
registration for the motor vehicle. Any person who has a motor	32901
vehicle registered in this state and who does not receive a	32902
renewal notice as provided in division (B) of this section prior	32903
to the expiration date of the registration shall request an	32904
application for registration from the registrar or a deputy	32905
registrar and sign the application manually or by electronic means	32906
and submit the application and pay any applicable license taxes	32907
and fees to the registrar or deputy registrar.	32908

(2) If the owner of a motor vehicle submits an application	32909
for registration and the registrar is prohibited by division (D)	32910
of section 2935.27, division (A) of section 2937.221, division (A)	32911
of section 4503.13, division (B) of section 4507.168, or division	32912
(B)(1) of section 4521.10 of the Revised Code from accepting the	32913
application, the registrar shall return the application and the	32914
payment to the owner. If the owner of a motor vehicle submits a	32915
registration renewal application to the registrar by electronic	32916
means and the registrar is prohibited from accepting the	32917
application as provided in this division, the registrar shall	32918
notify the owner of this fact and deny the application and return	32919
the payment or give a credit on the financial transaction device	32920
account of the owner in the manner the registrar prescribes by	32921
rule adopted pursuant to division (A) of this section.	32922

(F) Every deputy registrar shall post in a prominent place	32923
at the deputy's office a notice informing the public of the mail	32924
registration system required by this section and also shall post a	32925
notice that every owner of a motor vehicle and every chauffeur	32926
holding a certificate of registration is required to notify the	32927
registrar in writing of any change of residence within ten days	32928
after the change occurs. The notice shall be in such form as the	32929
registrar prescribes by rule.	32930

(G) The two dollars and twenty-fiveseventy-five cents fee	32931
collected from July 1, 2001, through December 31, 2002, the three	32932
dollars and twenty-five cents fee collected from January 1, 2003,	32933
through December 31, 2003, and the three dollars and fifty cents	32934
fee collected after January 1, 2004, plus postage and any	32935
financial transaction device surcharge collected by the registrar	32936
for registration by mail, shall be paid to the credit of the state	32937
bureau of motor vehicles fund established by section 4501.25 of	32938
the Revised Code.	32939

(H) Pursuant to section 113.40 of the Revised Code, the	32940
registrar may implement a program permitting payment of motor	32941
vehicle registration taxes and fees, driver's license and	32942
commercial driver's license fees, and any other taxes, fees,	32943
penalties, or charges imposed or levied by the state by means of a	32944
financial transaction device. The registrar may adopt rules as	32945
necessary for this purpose.	32946

(I) For persons who reside in counties where tailpipe	32947
emissions inspections are required under the motor vehicle	32948
inspection and maintenance program, the notice required by	32949
division (B) of this section shall also include the toll-free	32950
telephone number maintained by the Ohio environmental protection	32951
agency to provide information concerning the locations of	32952
emissions testing centers.	32953

Sec. 4503.12.  Upon the transfer of ownership of a motor	32954
vehicle, the registration of the motor vehicle expires and the	32955
original owner immediately shall remove the license plates from	32956
the motor vehicle, except that:	32957

(A) If a statutory merger or consolidation results in the	32958
transfer of ownership of a motor vehicle from a constituent	32959
corporation to the surviving corporation, or if the incorporation	32960
of a proprietorship or partnership results in the transfer of	32961
ownership of a motor vehicle from the proprietorship or	32962
partnership to the corporation, the registration shall be	32963
continued upon the filing by the surviving or new corporation,	32964
within thirty days of such transfer, of an application for an	32965
amended certificate of registration, unless such registration is	32966
prohibited by division (D) of section 2935.27, division (A) of	32967
section 2937.221, division (B) of section 4507.168, or division	32968
(B)(1) of section 4521.10 of the Revised Code. The application	32969
shall be accompanied by a service fee of two dollars and	32970
twenty-fiveseventy-five cents commencing on July 1, 2001, three	32971
dollars and twenty-five cents commencing on January 1, 2003, and	32972
three dollars and fifty cents commencing on January 1, 2004, a	32973
transfer fee of one dollar, and the original certificate of	32974
registration. Upon a proper filing, the registrar of motor	32975
vehicles shall issue an amended certificate of registration in the	32976
name of the new owner.	32977

(B) If the death of the owner of a motor vehicle results in	32978
the transfer of ownership of the motor vehicle to the surviving	32979
spouse of the owner or if a motor vehicle is owned by two persons	32980
under joint ownership with right of survivorship established under	32981
section 2106.17 of the Revised Code and one of those persons dies,	32982
the registration shall be continued upon the filing by the	32983
surviving spouse of an application for an amended certificate of	32984
registration, unless such registration is prohibited by division	32985
(D) of section 2935.27, division (A) of section 2937.221, division	32986
(A) of section 4503.13, division (B) of section 4507.168, or	32987
division (B)(1) of section 4521.10 of the Revised Code. The	32988
application shall be accompanied by a service fee of two dollars	32989
and twenty-fiveseventy-five cents commencing on July 1, 2001,	32990
three dollars and twenty-five cents commencing on January 1, 2003,	32991
and three dollars and fifty cents commencing on January 1, 2004, a	32992
transfer fee of one dollar, the original certificate of	32993
registration, and, in relation to a motor vehicle that is owned by	32994
two persons under joint ownership with right of survivorship	32995
established under section 2106.17 of the Revised Code, by a copy	32996
of the certificate of title that specifies that the vehicle is	32997
owned under joint ownership with right of survivorship. Upon a	32998
proper filing, the registrar shall issue an amended certificate of	32999
registration in the name of the surviving spouse.	33000

(C) If the original owner of a motor vehicle that has been	33001
transferred makes application for the registration of another	33002
motor vehicle at any time during the remainder of the registration	33003
period for which the transferred motor vehicle was registered, the	33004
owner, unless such registration is prohibited by division (D) of	33005
section 2935.27, division (A) of section 2937.221, division (A) of	33006
section 4503.13, division (E) of section 4503.234, division (B) of	33007
section 4507.168, or division (B)(1) of section 4521.10 of the	33008
Revised Code, may file an application for transfer of the	33009
registration and, where applicable, the license plates,	33010
accompanied by a service fee of two dollars and twenty-five	33011
seventy-five cents commencing on July 1, 2001, three dollars and	33012
twenty-five cents commencing on January 1, 2003, and three dollars	33013
and fifty cents commencing on January 1, 2004, a transfer fee of	33014
one dollar, and the original certificate of registration. The	33015
transfer of the registration and, where applicable, the license	33016
plates from the motor vehicle for which they originally were	33017
issued to a succeeding motor vehicle purchased by the same person	33018
in whose name the original registration and license plates were	33019
issued shall be done within a period not to exceed thirty days.	33020
During that thirty-day period, the license plates from the motor	33021
vehicle for which they originally were issued may be displayed on	33022
the succeeding motor vehicle, and the succeeding motor vehicle may	33023
be operated on the public roads and highways in this state.	33024

At the time of application for transfer, the registrar shall	33025
compute and collect the amount of tax due on the succeeding motor	33026
vehicle, based upon the amount that would be due on a new	33027
registration as of the date on which the transfer is made less a	33028
credit for the unused portion of the original registration	33029
beginning on that date. If the credit exceeds the amount of tax	33030
due on the new registration, no refund shall be made. In	33031
computing the amount of tax due and credits to be allowed under	33032
this division, the provisions of division (B)(1)(a) and (b) of	33033
section 4503.11 of the Revised Code shall apply. As to passenger	33034
cars, noncommercial vehicles, motor homes, and motorcycles,	33035
transfers within or between these classes of motor vehicles only	33036
shall be allowed. If the succeeding motor vehicle is of a	33037
different class than the motor vehicle for which the registration	33038
originally was issued, new license plates also shall be issued	33039
upon the surrender of the license plates originally issued and	33040
payment of the fees provided in divisions (C) and (D) of section	33041
4503.10 of the Revised Code.	33042

(D) The owner of a commercial car having a gross vehicle	33043
weight or combined gross vehicle weight of more than ten thousand	33044
pounds may transfer the registration of that commercial car to	33045
another commercial car the owner owns without transferring	33046
ownership of the first commercial car, unless registration of the	33047
second commercial car is prohibited by division (D) of section	33048
2935.27, division (A) of section 2937.221, division (A) of section	33049
4503.13, division (B) of section 4507.168, or division (B)(1) of	33050
section 4521.10 of the Revised Code. At any time during the	33051
remainder of the registration period for which the first	33052
commercial car was registered, the owner may file an application	33053
for the transfer of the registration and, where applicable, the	33054
license plates, accompanied by a service fee of two dollars and	33055
twenty-fiveseventy-five cents commencing on July 1, 2001, three	33056
dollars and twenty-five cents commencing on January 1, 2003, and	33057
three dollars and fifty cents commencing on January 1, 2004, a	33058
transfer fee of one dollar, and the certificate of registration of	33059
the first commercial car. The amount of any tax due or credit to	33060
be allowed for a transfer of registration under this division	33061
shall be computed in accordance with division (C) of this section.	33062

No commercial car to which a registration is transferred	33063
under this division shall be operated on a public road or highway	33064
in this state until after the transfer of registration is	33065
completed in accordance with this division.	33066

(E) Upon application to the registrar or a deputy registrar,	33067
a person who owns or leases a motor vehicle may transfer special	33068
license plates assigned to that vehicle to any other vehicle that	33069
the person owns or leases or that is owned or leased by the	33070
person's spouse. The application shall be accompanied by a	33071
service fee of two dollars and twenty-fiveseventy-five cents	33072
commencing on July 1, 2001, three dollars and twenty-five cents	33073
commencing on January 1, 2003, and three dollars and fifty cents	33074
commencing on January 1, 2004, a transfer fee of one dollar, and	33075
the original certificate of registration. As appropriate, the	33076
application also shall be accompanied by a power of attorney for	33077
the registration of a leased vehicle and a written statement	33078
releasing the special plates to the applicant. Upon a proper	33079
filing, the registrar or deputy registrar shall assign the special	33080
license plates to the motor vehicle owned or leased by the	33081
applicant and issue a new certificate of registration for that	33082
motor vehicle.	33083

As used in division (E) of this section, "special license	33084
plates" means either of the following:	33085

(1) Any license plates for which the person to whom the	33086
license plates are issued must pay an additional fee in excess of	33087
the fees prescribed in section 4503.04 of the Revised Code,	33088
Chapter 4504. of the Revised Code, and the service fee prescribed	33089
in division (D) or (G) of section 4503.10 of the Revised Code;	33090

(2) License plates issued under section 4503.44 of the	33091
Revised Code.	33092

Sec. 4503.182.  (A) A purchaser of a motor vehicle, upon	33093
application and proof of purchase of the vehicle, may be issued a	33094
temporary license placard or windshield sticker for the motor	33095
vehicle.	33096

The purchaser of a vehicle applying for a temporary license	33097
placard or windshield sticker under this section shall execute an	33098
affidavit stating that the purchaser has not been issued	33099
previously during the current registration year a license plate	33100
that could legally be transferred to such vehicle.	33101

Placards or windshield stickers shall be issued only for the	33102
applicant's use of the vehicle to enable the applicant to legally	33103
operate the motor vehicle while proper title, license plates, and	33104
a certificate of registration are being obtained, and shall be	33105
displayed on no other motor vehicle.	33106

Placards or windshield stickers issued under this section are	33107
valid for a period of thirty days from date of issuance and are	33108
not transferable or renewable.	33109

The fee for such placards or windshield stickers is two	33110
dollars plus a fee of two dollars and twenty-fiveseventy-five	33111
cents commencing on July 1, 2001, three dollars and twenty-five	33112
cents commencing on January 1, 2003, and three dollars and fifty	33113
cents commencing on January 1, 2004, for each such placard issued	33114
by a deputy registrar.	33115

(B) The registrar of motor vehicles may issue to a motorized	33116
bicycle dealer or a licensed motor vehicle dealer temporary	33117
license placards to be issued to purchasers for use on vehicles	33118
sold by the licensed dealer, in accordance with rules prescribed	33119
by the registrar. The dealer shall notify the registrar within	33120
forty-eight hours of proof of issuance on a form prescribed by the	33121
registrar.	33122

The fee for each such placard issued by the registrar to a	33123
licensed motor vehicle dealer is two dollars plus a fee of two	33124
dollars and twenty-fiveseventy-five cents commencing on July 1,	33125
2001, three dollars and twenty-five cents commencing on January 1,	33126
2003, and three dollars and fifty cents commencing on January 1,	33127
2004.	33128

(C) The registrar of motor vehicles, at the registrar's	33129
discretion, may issue a temporary license placard. Such a placard	33130
may be issued in the case of extreme hardship encountered by a	33131
citizen from this state or another state who has attempted to	33132
comply with all registration laws, but for extreme circumstances	33133
is unable to properly register the citizen's vehicle.	33134

(D) The registrar shall adopt rules, in accordance with	33135
division (B) of section 111.15 of the Revised Code, to specify the	33136
procedures for reporting the information from applications for	33137
temporary license placards and windshield stickers and for	33138
providing the information from these applications to law	33139
enforcement agencies.	33140

(E) Temporary license placards issued under this section	33141
shall bear a distinctive combination of seven letters, numerals,	33142
or letters and numerals, and shall incorporate a security feature	33143
that, to the greatest degree possible, prevents tampering with any	33144
of the information that is entered upon a placard when it is	33145
issued.	33146

(F) As used in this section, "motorized bicycle dealer"	33147
means any person engaged in the business of selling at retail,	33148
displaying, offering for sale, or dealing in motorized bicycles	33149
who is not subject to section 4503.09 of the Revised Code.	33150

Sec. 4504.05.  The moneys received from a county motor	33151
vehicle license tax shall be allocated and distributed as follows:	33152

(A) First, for payment of the costs and expenses incurred by	33153
the county in the enforcement and administration of the tax;	33154

(B) The remainder of such moneys shall be credited to funds	33155
as follows:	33156

(1) With respect to county motor vehicle tax moneys received	33157
under section 4504.02 of the Revised Code, that part of the total	33158
amount which is in the same proportion to the total as the number	33159
of motor vehicles registered in the municipal corporations in the	33160
county that did not levy a municipal motor vehicle license tax	33161
immediately prior to the adoption of the county motor vehicle	33162
license tax is to the total number of motor vehicles registered in	33163
the county in the most recent registration year, shall be placed	33164
in a separate fund to be allocated and distributed as provided in	33165
section 4504.04 of the Revised Code.	33166

The remaining portion shall be placed in the county motor	33167
vehicle license and gasoline tax fund and shall be allocated and	33168
disbursed only for the purposes specified in section 4504.02 of	33169
the Revised Code, other than paying all or part of the costs and	33170
expenses of municipal corporations in constructing,	33171
reconstructing, improving, maintaining, and repairing highways,	33172
roads, and streets designated as necessary and conducive to the	33173
orderly and efficient flow of traffic within and through the	33174
county pursuant to section 4504.03 of the Revised Code.	33175

(2) With respect to county motor vehicle tax moneys received	33176
under section 4504.15 of the Revised Code:	33177

(a) That arising from motor vehicles the district of	33178
registration of which is a municipal corporation within the county	33179
that is not levying the tax authorized by section 4504.17 of the	33180
Revised Code shall be allocated fifty per cent to the county and	33181
fifty per cent to such municipal corporation in an amount equal to	33182
the amount of the tax per motor vehicle registered during the	33183
preceding month in that part of the municipal corporation located	33184
within the county. Moneys allocated to a municipal corporation	33185
under this section shall be paid directly into the treasury of the	33186
municipal corporation as provided in section 4501.042 of the	33187
Revised Code and used only for the purposes described in section	33188
4504.06 of the Revised Code. The first distribution shall be made	33189
to a municipal corporation under this division in the second month	33190
after the county motor vehicle license tax is imposed under	33191
section 4504.15 of the Revised Code.	33192

(b) That arising from motor vehicles the district of	33193
registration of which is in an unincorporated area of the county	33194
shall be allocated seventy per cent to the county and thirty per	33195
cent to the townships in which the owners of the motor vehicles	33196
reside in an amount equal to the amount of the tax per motor	33197
vehicle owned by such a resident in each such township and	33198
registered during the preceding month in the county. The moneys	33199
allocated to townships shall be paid into the treasuries of the	33200
townships and shall be used only for the purposes described in	33201
section 4504.18 of the Revised Code. The first distribution shall	33202
be made under this division in the second month after the county	33203
motor vehicle license tax is imposed under section 4504.15 of the	33204
Revised Code.	33205

(3) With respect to county motor vehicle tax moneys received	33206
under section 4504.16 of the Revised Code:	33207

(a) That arising from motor vehicles the district of	33208
registration of which is a municipal corporation within the county	33209
that is not levying the tax authorized by section 4504.171 of the	33210
Revised Code shall be allocated to the county;	33211

(b) That arising from motor vehicles the district of	33212
registration of which is in an unincorporated area of the county	33213
shall be allocated seventy per cent to the county and thirty per	33214
cent to the townships in which the owners of the motor vehicles	33215
reside in an amount equal to the amount of the tax per motor	33216
vehicle owned by such a resident in each such township and	33217
registered during the preceding month in the county unless the	33218
allocation is modified under section 4504.051 of the Revised Code.	33219
The moneys allocated to townships shall be paid into the	33220
treasuries of the townships and shall be used only for the	33221
purposes described in section 4504.18 of the Revised Code. The	33222
first distribution shall be made under this division in the second	33223
month after the county motor vehicle license tax is imposed under	33224
section 4504.16 of the Revised Code.	33225

Sec. 4504.051. (A) The county motor vehicle tax moneys	33226
received under section 4504.16 of the Revised Code that arise from	33227
motor vehicles the district of registration of which is in an	33228
unincorporated area of the county may be allocated according to	33229
either of the following proceedings rather than according to the	33230
allocation established under division (B)(3)(b) of section 4504.05	33231
of the Revised Code:	33232

(1)(a) Each year, a board of township trustees may pass a	33233
resolution requesting an increase in the percentage of moneys	33234
allocated to the township under division (B)(3)(b) of section	33235
4504.05 of the Revised Code. Upon passage, the board shall	33236
forward the resolution to the board of county commissioners.	33237

(b) After receipt of a resolution under division (A)(1)(a)	33238
of this section, the board of county commissioners shall consider	33239
and, prior to the first day of October, may pass a resolution	33240
increasing the percentage of moneys otherwise allocated to the	33241
township under division (B)(3)(b) of section 4504.05 of the	33242
Revised Code.	33243

(2) Each year, a board of county commissioners may propose	33244
increasing or decreasing the percentage of moneys otherwise	33245
allocated to a township under division (B)(3)(b) of section	33246
4504.05 of the Revised Code, but only if the board of county	33247
commissioners has obtained a resolution from the board of township	33248
trustees consenting to the percentage of the increase or decrease.	33249
The board of county commissioners, prior to the first day of	33250
October, then may pass a resolution increasing or decreasing the	33251
percentage of money allocated to a township, but only by the	33252
percentage to which the board of township trustees consented.	33253

(B) If a board of county commissioners passes a resolution	33254
under division (A)(1)(b) or (2) of this section, it promptly shall	33255
forward a copy of the resolution to the board of trustees of the	33256
involved township, the county engineer, and the county treasurer.	33257

(C) The county treasurer shall make the first distribution	33258
under any new allocation established by a resolution passed by the	33259
board of county commissioners under division (A)(1)(b) or (2) of	33260
this section in January of the year next following the date on	33261
which the resolution is passed. The moneys allocated to townships	33262
under this section shall be paid into the treasuries of the	33263
townships and shall be used only for the purposes described in	33264
section 4504.18 of the Revised Code.	33265

(D) A resolution passed by a board of county commissioners	33266
under division (A)(1)(b) or (2) of this section is valid only for	33267
the county fiscal year next following the date on which the	33268
resolution is passed.	33269

Sec. 4505.061.  If the application for a certificate of title	33270
refers to a motor vehicle last previously registered in another	33271
state, the application shall be accompanied by a physical	33272
inspection certificate issued by the department of public safety	33273
verifying the make, body type, model, and manufacturer's vehicle	33274
identification number of the motor vehicle for which the	33275
certificate of title is desired. The physical inspection	33276
certificate shall be in such form as is designated by the	33277
registrar of motor vehicles. The physical inspection of the motor	33278
vehicle shall be made at a deputy registrar's office, or at an	33279
established place of business operated by a licensed motor vehicle	33280
dealer. Additionally, the physical inspection of a salvage	33281
vehicle owned by an insurance company may be made at an	33282
established place of business operated by a salvage motor vehicle	33283
dealer licensed under Chapter 4738. of the Revised Code. The	33284
deputy registrar, the motor vehicle dealer, or the salvage motor	33285
vehicle dealer may charge a maximum fee of one dollar and fifty	33286
two dollars and seventy-five cents commencing on July 1, 2001,	33287
three dollars and twenty-five cents commencing on January 1, 2003,	33288
and three dollars and fifty cents commencing on January 1, 2004,	33289
for conducting the physical inspection.	33290

The clerk of the court of common pleas shall charge a fee of	33291
one dollar and fifty cents for the processing of each physical	33292
inspection certificate. The clerk shall retain fifty cents of the	33293
one dollar and fifty cents so charged and shall pay the remaining	33294
one dollar to the registrar by monthly returns, which shall be	33295
forwarded to the registrar not later than the fifth day of the	33296
month next succeeding that in which the certificate is received by	33297
the clerk. The registrar shall pay such remaining sums into the	33298
state bureau of motor vehicles fund established by section 4501.25	33299
of the Revised Code.	33300

Sec. 4506.08.  (A) Each application for a commercial	33301
driver's license temporary instruction permit shall be accompanied	33302
by a fee of ten dollars; except as provided in division (B) of	33303
this section, each application for a commercial driver's license,	33304
restricted commercial driver's license, or renewal of such a	33305
license shall be accompanied by a fee of twenty-five dollars; and	33306
each application for a duplicate commercial driver's license shall	33307
be accompanied by a fee of ten dollars. In addition, the	33308
registrar of motor vehicles or deputy registrar may collect and	33309
retain an additional fee of no more than two dollars and	33310
twenty-fiveseventy-five cents commencing on July 1, 2001, three	33311
dollars and twenty-five cents commencing on January 1, 2003, and	33312
three dollars and fifty cents commencing on January 1, 2004, for	33313
each application for a commercial driver's license temporary	33314
instruction permit, commercial driver's license, renewal of a	33315
commercial driver's license, or duplicate commercial driver's	33316
license received by the registrar or deputy. No fee shall be	33317
charged for the annual issuance of a waiver for farm-related	33318
service industries pursuant to section 4506.24 of the Revised	33319
Code.	33320

Each deputy registrar shall transmit the fees collected to	33321
the registrar at the time and in the manner prescribed by the	33322
registrar by rule. The registrar shall pay the fees into the	33323
state highway safety fund established in section 4501.06 of the	33324
Revised Code.	33325

(B) Information regarding the driving record of any person	33326
holding a commercial driver's license issued by this state shall	33327
be furnished by the registrar, upon request and payment of a fee	33328
of three dollars, to the employer or prospective employer of such	33329
a person and to any insurer.	33330

Sec. 4507.23.  (A) Except as provided in division (H) of	33331
this section, each application for a temporary instruction permit	33332
and examination shall be accompanied by a fee of four dollars.	33333

(B) Except as provided in division (H) of this section, each	33334
application for a driver's license made by a person who previously	33335
held such a license and whose license has expired not more than	33336
two years prior to the date of application, and who is required	33337
under this chapter to give an actual demonstration of the person's	33338
ability to drive, shall be accompanied by a fee of three dollars	33339
in addition to any other fees.	33340

(C) Except as provided in divisions (E) and (H) of this	33341
section, each application for a driver's license, or motorcycle	33342
operator's endorsement, or renewal of a driver's license shall be	33343
accompanied by a fee of six dollars. Except as provided in	33344
division (H) of this section, each application for a duplicate	33345
driver's license shall be accompanied by a fee of two dollars and	33346
fifty cents. The duplicate driver's licenses issued under this	33347
section shall be distributed by the deputy registrar in accordance	33348
with rules adopted by the registrar of motor vehicles.	33349

(D) Except as provided in division (H) of this section, each	33350
application for a motorized bicycle license or duplicate thereof	33351
shall be accompanied by a fee of two dollars and fifty cents.	33352

(E) Except as provided in division (H) of this section, each	33353
application for a driver's license or renewal of a driver's	33354
license that will be issued to a person who is less than	33355
twenty-one years of age shall be accompanied by whichever of the	33356
following fees is applicable:	33357

(1) If the person is sixteen years of age or older, but less	33358
than seventeen years of age, a fee of seven dollars and	33359
twenty-five cents;	33360

(2) If the person is seventeen years of age or older, but	33361
less than eighteen years of age, a fee of six dollars;	33362

(3) If the person is eighteen years of age or older, but	33363
less than nineteen years of age, a fee of four dollars and	33364
seventy-five cents;	33365

(4) If the person is nineteen years of age or older, but	33366
less than twenty years of age, a fee of three dollars and fifty	33367
cents;	33368

(5) If the person is twenty years of age or older, but less	33369
than twenty-one years of age, a fee of two dollars and twenty-five	33370
cents.	33371

(F) Neither the registrar nor any deputy registrar shall	33372
charge a fee in excess of one dollar and fifty cents for	33373
laminating a driver's license or, motorized bicycle license, or	33374
temporary instruction permit identification cards as required by	33375
sections 4507.13 and 4511.521 of the Revised Code. A deputy	33376
registrar laminating a driver's license or, motorized bicycle	33377
license, or temporary instruction permit identification cards	33378
shall retain the entire amount of the fee charged for lamination,	33379
less the actual cost to the registrar of the laminating materials	33380
used for that lamination, as specified in the contract executed by	33381
the bureau for the laminating materials and laminating equipment.	33382
The deputy registrar shall forward the amount of the cost of the	33383
laminating materials to the registrar for deposit as provided in	33384
this section.	33385

(G) At the time and in the manner provided by section	33386
4503.10 of the Revised Code, the deputy registrar shall transmit	33387
the fees collected under divisions (A), (B), (C), (D), and (E),	33388
and those portions of the fees specified in and collected under	33389
division (F) of this section to the registrar. The registrar	33390
shall pay two dollars and fifty cents of each fee collected under	33391
divisions (A), (B), (C), (D), and (E)(1) to (4) of this section,	33392
and the entire fee collected under division (E)(5) of this	33393
section, into the state highway safety fund established in section	33394
4501.06 of the Revised Code, and such fees shall be used for the	33395
sole purpose of supporting driver licensing activities. The	33396
remaining fees collected by the registrar under this section shall	33397
be paid into the state bureau of motor vehicles fund established	33398
in section 4501.25 of the Revised Code.	33399

(H) A disabled veteran who has a service-connected	33400
disability rated at one hundred per cent by the veterans'	33401
administration may apply to the registrar or a deputy registrar	33402
for the issuance to that veteran, without the payment of any fee	33403
prescribed in this section, of any of the following items:	33404

(1) A temporary instruction permit and examination;

33405

(2) A new, renewal, or duplicate driver's or commercial	33406
driver's license;	33407

(3) A motorcycle operator's endorsement;

33408

(4) A motorized bicycle license or duplicate thereof;

33409

(5) Lamination of a driver's license or, motorized bicycle	33410
license, or temporary instruction permit identification card as	33411
provided in division (F) of this section, if the circumstances	33412
specified in division (H)(5) of this section are met.	33413

If the driver's license or, motorized bicycle license, or	33414
temporary instruction permit identification card of a disabled	33415
veteran described in division (H) of this section is laminated by	33416
a deputy registrar who is acting as a deputy registrar pursuant to	33417
a contract with the registrar that is in effect on the effective	33418
date of this amendmentOctober 14, 1997, the disabled veteran	33419
shall be required to pay the deputy registrar the lamination fee	33420
provided in division (F) of this section. If the driver's license	33421
or, motorized bicycle license, or temporary instruction permit	33422
identification card of such a disabled veteran is laminated by a	33423
deputy registrar who is acting as a deputy registrar pursuant to a	33424
contract with the registrar that is executed after the effective	33425
date of this amendmentOctober 14, 1997, the disabled veteran is	33426
not required to pay the deputy registrar the lamination fee	33427
provided in division (F) of this section.	33428

A disabled veteran whose driver's license or, motorized	33429
bicycle license, or temporary instruction permit identification	33430
card is laminated by the registrar is not required to pay the	33431
registrar any lamination fee.	33432

An application made under division (H) of this section shall	33433
be accompanied by such documentary evidence of disability as the	33434
registrar may require by rule.	33435

Sec. 4507.24.  (A) Except as provided in division (B) of	33436
this section, each deputy registrar may collect a fee not to	33437
exceed the following:	33438

(1) Three dollars and twenty-fiveseventy-five cents	33439
commencing on July 1, 2001, four dollars and twenty-five cents	33440
commencing on January 1, 2003, and four dollars and fifty cents	33441
commencing on January 1, 2004, for each application for renewal of	33442
a driver's license received by the deputy registrar, when the	33443
applicant is required to submit to a screening of the applicant's	33444
vision under section 4507.12 of the Revised Code;	33445

(2) Two dollars and twenty-fiveseventy-five cents commencing	33446
on July 1, 2001, three dollars and twenty-five cents commencing on	33447
January 1, 2003, and three dollars and fifty cents commencing on	33448
January 1, 2004, for each application for a driver's license, or	33449
motorized bicycle license, or for renewal of such a license,	33450
received by the deputy registrar, when the applicant is not	33451
required to submit to a screening of the applicant's vision under	33452
section 4507.12 of the Revised Code.	33453

(B) The fees prescribed by division (A) of this section	33454
shall be in addition to the fee for a temporary instruction permit	33455
and examination, a driver's license, a motorized bicycle license,	33456
or duplicates thereof, and shall compensate the deputy registrar	33457
for the deputy registrar's services, for office and rental	33458
expense, and for costs as provided in division (C) of this	33459
section, as are necessary for the proper discharge of the deputy	33460
registrar's duties under sections 4507.01 to 4507.39 of the	33461
Revised Code.	33462

A disabled veteran who has a service-connected disability	33463
rated at one hundred per cent by the veterans' administration is	33464
required to pay the applicable fee prescribed in division (A) of	33465
this section if the disabled veteran submits an application for a	33466
driver's license or motorized bicycle license or a renewal of	33467
either of these licenses to a deputy registrar who is acting as a	33468
deputy registrar pursuant to a contract with the registrar that is	33469
in effect on the effective date of this amendment. The disabled	33470
veteran also is required to submit with the disabled veteran's	33471
application such documentary evidence of disability as the	33472
registrar may require by rule.	33473

A disabled veteran who submits an application described in	33474
this division is not required to pay either of the fees prescribed	33475
in division (A) of this section if the disabled veteran submits	33476
the application to a deputy registrar who is acting as a deputy	33477
registrar pursuant to a contract with the registrar that is	33478
executed after the effective date of this amendment. The disabled	33479
veteran still is required to submit with the disabled veteran's	33480
application such documentary evidence of disability as the	33481
registrar may require by rule.	33482

A disabled veteran who submits an application described in	33483
this division directly to the registrar is not required to pay	33484
either of the fees prescribed in division (A) of this section if	33485
the disabled veteran submits with the disabled veteran's	33486
application such documentary evidence of disability as the	33487
registrar may require by rule.	33488

(C) Each deputy registrar shall transmit to the registrar of	33489
motor vehicles, at such time and in such manner as the registrar	33490
shall require by rule, an amount of each fee collected under	33491
division (A)(1) of this section as shall be determined by the	33492
registrar. The registrar shall pay all such moneys so received	33493
into the state bureau of motor vehicles fund created in section	33494
4501.25 of the Revised Code.	33495

Sec. 4507.50.  (A) The registrar of motor vehicles or a	33496
deputy registrar, upon receipt of an application filed in	33497
compliance with section 4507.51 of the Revised Code by any person	33498
who is a resident or a temporary resident of this state and,	33499
except as otherwise provided in this section, is not licensed as	33500
an operator of a motor vehicle in this state or another licensing	33501
jurisdiction, and, except as provided in division (B) of this	33502
section, upon receipt of a fee of three dollars and fifty cents,	33503
shall issue an identification card to that person.	33504

Any person who is a resident or temporary resident of this	33505
state whose Ohio driver's or commercial driver's license has been	33506
suspended or revoked, upon application in compliance with section	33507
4507.51 of the Revised Code and, except as provided in division	33508
(B) ifof this section, payment of a fee of three dollars and	33509
fifty cents, may be issued a temporary identification card. The	33510
temporary identification card shall be identical to an	33511
identification card, except that it shall be printed on its face	33512
with a statement that the card is valid during the effective dates	33513
of the suspension or revocation of the cardholder's license, or	33514
until the birthday of the cardholder in the fourth year after the	33515
date on which it is issued, whichever is shorter. The cardholder	33516
shall surrender the identification card to the registrar or any	33517
deputy registrar before the cardholder's driver's or commercial	33518
driver's license is restored or reissued.	33519

Except as provided in division (B) of this section, the	33520
deputy registrar shall be allowed a fee of two dollars and	33521
twenty-fiveseventy-five cents commencing on July 1, 2001, three	33522
dollars and twenty-five cents commencing on January 1, 2003, and	33523
three dollars and fifty cents commencing on January 1, 2004, for	33524
each identification card issued under this section. The fee	33525
allowed to the deputy registrar shall be in addition to the fee	33526
for issuing an identification card.	33527

Neither the registrar nor any deputy registrar shall charge a	33528
fee in excess of one dollar and fifty cents for laminating an	33529
identification card or temporary identification card. A deputy	33530
registrar laminating such a card shall retain the entire amount of	33531
the fee charged for lamination, less the actual cost to the	33532
registrar of the laminating materials used for that lamination, as	33533
specified in the contract executed by the bureau for the	33534
laminating materials and laminating equipment. The deputy	33535
registrar shall forward the amount of the cost of the laminating	33536
materials to the registrar for deposit as provided in this	33537
section.	33538

The fee collected for issuing an identification card under	33539
this section, except the fee allowed to the deputy registrar,	33540
shall be paid into the state treasury to the credit of the state	33541
bureau of motor vehicles fund created in section 4501.25 of the	33542
Revised Code.	33543

(B) A disabled veteran who has a service-connected	33544
disability rated at one hundred per cent by the veterans'	33545
administration may apply to the registrar or a deputy registrar	33546
for the issuance to that veteran of an identification card or a	33547
temporary identification card under this section without payment	33548
of any fee prescribed in division (A) of this section, including	33549
any lamination fee.	33550

If the identification card or temporary identification card	33551
of a disabled veteran described in this division is laminated by a	33552
deputy registrar who is acting as a deputy registrar pursuant to a	33553
contract with the registrar that is in effect on the effective	33554
date of this amendment, the disabled veteran shall pay the deputy	33555
registrar the lamination fee prescribed in division (A) of this	33556
section. If the identification card or temporary identification	33557
card is laminated by a deputy registrar who is acting as a deputy	33558
registrar pursuant to a contract with the registrar that is	33559
executed after the effective date of this amendmentJuly 29, 1998,	33560
the disabled veteran is not required to pay the deputy registrar	33561
the lamination fee prescribed in division (A) of this section.	33562

A disabled veteran whose identification card or temporary	33563
identification card is laminated by the registrar is not required	33564
to pay the registrar any lamination fee.	33565

An application made under division (A) of this section shall	33566
be accompanied by such documentary evidence of disability as the	33567
registrar may require by rule.	33568

Sec. 4507.52.  Each identification card issued by the	33569
registrar of motor vehicles or a deputy registrar shall display a	33570
distinguishing number assigned to the cardholder, and shall	33571
display the following inscription:	33572

"STATE OF OHIO IDENTIFICATION CARD

33573

This card is not valid for the purpose of operating a motor	33574
vehicle. It is provided solely for the purpose of establishing	33575
the identity of the bearer described on the card, who currently is	33576
not licensed to operate a motor vehicle in the state of Ohio."	33577

The identification card shall display substantially the same	33578
information as contained in the application and as described in	33579
division (A)(1) of section 4507.51 of the Revised Code, including	33580
the cardholder's social security number unless the cardholder	33581
specifically requests that the cardholder's social security number	33582
not be displayed on the card. If federal law requires the	33583
cardholder's social security number to be displayed on the	33584
identification card, the social security number shall be displayed	33585
on the card notwithstanding a request to not display the number	33586
pursuant to this section. The identification card also shall	33587
display the color photograph of the cardholder. If the cardholder	33588
has executed a durable power of attorney for health care or a	33589
declaration governing the use or continuation, or the withholding	33590
or withdrawal, of life-sustaining treatment and has specified that	33591
the cardholder wishes the identification card to indicate that the	33592
cardholder has executed either type of instrument, the card also	33593
shall display any symbol chosen by the registrar to indicate that	33594
the cardholder has executed either type of instrument. The card	33595
shall be sealed in transparent plastic or similar material and	33596
shall be so designed as to prevent its reproduction or alteration	33597
without ready detection.	33598

The identification card for persons under twenty-one years of	33599
age shall have characteristics prescribed by the registrar	33600
distinguishing it from that issued to a person who is twenty-one	33601
years of age or older, except that an identification card issued	33602
to a person who applies no more than thirty days before the	33603
applicant's twenty-first birthday shall have the characteristics	33604
of an identification card issued to a person who is twenty-one	33605
years of age or older.	33606

Every identification card issued to a resident of this state	33607
shall expire, unless canceled or surrendered earlier, on the	33608
birthday of the cardholder in the fourth year after the date on	33609
which it is issued. Every identification card issued to a	33610
temporary resident shall expire in accordance with rules adopted	33611
by the registrar and is nonrenewable, but may be replaced with a	33612
new identification card upon the applicant's compliance with all	33613
applicable requirements. A cardholder may renew the cardholder's	33614
identification card within ninety days prior to the day on which	33615
it expires by filing an application and paying the prescribed fee	33616
in accordance with section 4507.50 of the Revised Code.	33617

If a cardholder applies for a driver's or commercial driver's	33618
license in this state or another licensing jurisdiction, the	33619
cardholder shall surrender the cardholder's identification card to	33620
the registrar or any deputy registrar before the license is	33621
issued.	33622

If a card is lost, destroyed, or mutilated, the person to	33623
whom the card was issued may obtain a duplicate by doing both of	33624
the following:	33625

(A) Furnishing suitable proof of the loss, destruction, or	33626
mutilation to the registrar or a deputy registrar;	33627

(B) Filing an application and presenting documentary	33628
evidence under section 4507.51 of the Revised Code.	33629

Any person who loses a card and, after obtaining a duplicate,	33630
finds the original, immediately shall surrender the original to	33631
the registrar or a deputy registrar.	33632

A cardholder may obtain a replacement identification card	33633
that reflects any change of the cardholder's name by furnishing	33634
suitable proof of the change to the registrar or a deputy	33635
registrar and surrendering the cardholder's existing card.	33636

When a cardholder applies for a duplicate or obtains a	33637
replacement identification card, the cardholder shall pay a fee of	33638
two dollars and fifty cents. A deputy registrar shall be allowed	33639
an additional fee of twothree dollars and seventy-five cents	33640
commencing on July 1, 2001, three dollars and twenty-five cents	33641
commencing on January 1, 2003, and three dollars and fifty cents	33642
commencing on January 1, 2004, for issuing a duplicate or	33643
replacement identification card. A disabled veteran who is a	33644
cardholder and has a service-connected disability rated at one	33645
hundred per cent by the veterans' administration may apply to the	33646
registrar or a deputy registrar for the issuance of a duplicate or	33647
replacement identification card without payment of any fee	33648
prescribed in this section, and without payment of any lamination	33649
fee if the disabled veteran would not be required to pay a	33650
lamination fee in connection with the issuance of an	33651
identification card or temporary identification card as provided	33652
in division (B) of section 4507.50 of the Revised Code.	33653

A duplicate or replacement identification card shall expire	33654
on the same date as the card it replaces.	33655

The registrar shall cancel any card upon determining that the	33656
card was obtained unlawfully, issued in error, or was altered. The	33657
registrar also shall cancel any card that is surrendered to the	33658
registrar or to a deputy registrar after the holder has obtained a	33659
duplicate, replacement, or driver's or commercial driver's	33660
license.	33661

No agent of the state or its political subdivisions shall	33662
condition the granting of any benefit, service, right, or	33663
privilege upon the possession by any person of an identification	33664
card. Nothing in this section shall preclude any publicly	33665
operated or franchised transit system from using an identification	33666
card for the purpose of granting benefits or services of the	33667
system.	33668

No person shall be required to apply for, carry, or possess	33669
an identification card.	33670

(C) Except in regard to an identification card issued to a	33671
person who applies no more than thirty days before the applicant's	33672
twenty-first birthday, neither the registrar nor any deputy	33673
registrar shall issue an identification card to a person under	33674
twenty-one years of age that does not have the characteristics	33675
prescribed by the registrar distinguishing it from the	33676
identification card issued to persons who are twenty-one years of	33677
age or older.	33678

Sec. 4511.81.  (A) When any child who is in either or both	33679
of the following categories is being transported in a motor	33680
vehicle, other than a taxicab or public safety vehicle as defined	33681
in section 4511.01 of the Revised Code, that is registered in this	33682
state and is required by the United States department of	33683
transportation to be equipped with seat belts at the time of	33684
manufacture or assembly, the operator of the motor vehicle shall	33685
have the child properly secured in accordance with the	33686
manufacturer's instructions in a child restraint system that meets	33687
federal motor vehicle safety standards:	33688

(1) A child who is less than four years of age;

33689

(2) A child who weighs less than forty pounds.

33690

(B) When any child who is in either or both of the following	33691
categories is being transported in a motor vehicle, other than a	33692
taxicab, that is registered in this state and is owned, leased, or	33693
otherwise under the control of a nursery school, kindergarten, or	33694
day-care center, the operator of the motor vehicle shall have the	33695
child properly secured in accordance with the manufacturer's	33696
instructions in a child restraint system that meets federal motor	33697
vehicle safety standards:	33698

(1) A child who is less than four years of age;

33699

(2) A child who weighs less than forty pounds.

33700

(C) The director of public safety shall adopt such rules as	33701
are necessary to carry out this section.	33702

(D) The failure of an operator of a motor vehicle to secure	33703
a child in a child restraint system as required by this section is	33704
not negligence imputable to the child, is not admissible as	33705
evidence in any civil action involving the rights of the child	33706
against any other person allegedly liable for injuries to the	33707
child, is not to be used as a basis for a criminal prosecution of	33708
the operator of the motor vehicle other than a prosecution for a	33709
violation of this section, and is not admissible as evidence in	33710
any criminal action involving the operator of the motor vehicle	33711
other than a prosecution for a violation of this section.	33712

(E) This section does not apply when an emergency exists	33713
that threatens the life of any person operating a motor vehicle	33714
and to whom this section otherwise would apply or the life of any	33715
child who otherwise would be required to be restrained under this	33716
section.	33717

(F) If a person who is not a resident of this state is	33718
charged with a violation of division (A) or (B) of this section	33719
and does not prove to the court, by a preponderance of the	33720
evidence, that the person's use or nonuse of a child restraint	33721
system was in accordance with the law of the state of which the	33722
person is a resident, the court shall impose the fine levied by	33723
division (H)(2) of section 4511.99 of the Revised Code.	33724

(G) There is hereby created in the state treasury the "child	33725
highway safety fund," consisting of fines imposed pursuant to	33726
divisions (H)(1) and (2) of section 4511.99 of the Revised Code	33727
for violations of divisions (A) and (B) of this section. The	33728
money in the fund shall be used by the department of health only	33729
to defray the cost of verifyingdesignating hospitals as pediatric	33730
trauma centers under section 3702.1613727.081 of the Revised Code	33731
and to establish and administer a child highway safety program.	33732
The purpose of the program shall be to educate the public about	33733
child restraint systems generally and the importance of their	33734
proper use. The program also shall include a process for	33735
providing child restraint systems to persons who meet the	33736
eligibility criteria established by the department, and a	33737
toll-free telephone number the public may utilize to obtain	33738
information about child restraint systems and their proper use.	33739

The director of health, in accordance with Chapter 119. of	33740
the Revised Code, shall adopt any rules necessary to carry out	33741
this section, including rules establishing the criteria a person	33742
must meet in order to receive a child restraint system under the	33743
department's child restraint system program; provided that rules	33744
relating to the verification of pediatric trauma centers shall not	33745
be adopted under this section.	33746

Sec. 4519.03.  (A) The owner of every snowmobile,	33747
off-highway motorcycle, and all-purpose vehicle required to be	33748
registered under section 4519.02 of the Revised Code shall file an	33749
application for registration with the registrar of motor vehicles	33750
or a deputy registrar, on blanks furnished by the registrar for	33751
that purpose and containing all of the following information:	33752

(1) A brief description of the snowmobile, off-highway	33753
motorcycle, or all-purpose vehicle, including the name of the	33754
manufacturer, the factory or model number, and the vehicle	33755
identification number;	33756

(2) The name, residence, and business address of the owner;

33757

(3) A statement that the snowmobile, off-highway motorcycle,	33758
or all-purpose vehicle is equipped as required by section 4519.20	33759
of the Revised Code, and any rule adopted thereunder. The	33760
statement shall include a check list of the required equipment	33761
items in such form as the registrar shall prescribe.	33762

The application shall be signed by the owner of the	33763
snowmobile, off-highway motorcycle, or all-purpose vehicle and	33764
shall be accompanied by a fee as provided in division (C) of	33765
section 4519.04 of the Revised Code.	33766

If the application is not in proper form, or if the vehicle	33767
for which registration is sought does not appear to be equipped as	33768
required by section 4519.20 of the Revised Code or any rule	33769
adopted thereunder, the registration shall be refused and no	33770
registration sticker shall be issued.	33771

(B) On and after the effective date of this amendmentJuly	33772
1, 1999, no certificate of registration or renewal of such a	33773
certificate shall be issued for an off-highway motorcycle or	33774
all-purpose vehicle required to be registered under section	33775
4519.02 of the Revised Code, and no certificate of registration	33776
issued under this chapter for an off-highway motorcycle or	33777
all-purpose vehicle that is sold or otherwise transferred shall be	33778
transferred to the new owner of the off-highway motorcycle or	33779
all-purpose vehicle as permitted by division (B) of section	33780
4519.05 of the Revised Code, unless a certificate of title has	33781
been issued under this chapter for the motorcycle or vehicle, and	33782
the owner or new owner, as the case may be, presents the	33783
certificate of title or a memorandum certificate of title for	33784
inspection at the time the owner or new owner first submits a	33785
registration application, registration renewal application, or	33786
registration transfer application for the motorcycle or vehicle on	33787
or after the effective date of this amendmentJuly1, 1999.	33788

(C) When the owner of an off-highway motorcycle or	33789
all-purpose vehicle first registers it in the owner's name, and a	33790
certificate of title has been issued for the motorcycle or	33791
vehicle, the owner shall present for inspection a certificate of	33792
title or memorandum certificate of title showing title to the	33793
off-highway motorcycle or all-purpose vehicle in the name of the	33794
owner. If, when the owner of such a motorcycle or vehicle first	33795
makes application to register it in the owner's name, the	33796
application is not in proper form or if the certificate of title	33797
or memorandum certificate of title does not accompany the	33798
registration, the registration shall be refused and neither a	33799
certificate of registration nor a registration sticker shall be	33800
issued. When a certificate of registration and registration	33801
sticker are issued upon the first registration of an off-highway	33802
motorcycle or all-purpose vehicle by or on behalf of the owner,	33803
the official issuing them shall indicate the issuance with a stamp	33804
on the certificate of title or memorandum certificate of title.	33805

(D) Each deputy registrar shall be allowed a fee of two	33806
dollars and twenty-fiveseventy-five cents commencing on July 1,	33807
2001, three dollars and twenty-five cents commencing on January 1,	33808
2003, and three dollars and fifty cents commencing on January 1,	33809
2004, for each application or renewal application received by the	33810
deputy registrar, which shall be for the purpose of compensating	33811
the deputy registrar for services, and office and rental expense,	33812
as may be necessary for the proper discharge of the deputy	33813
registrar's duties in the receiving of applications and the	33814
issuing of certificates of registration.	33815

Each deputy registrar, upon receipt of any application for	33816
registration, together with the registration fee, shall transmit	33817
the fee, together with the original and duplicate copy of the	33818
application, to the registrar in such manner and at such times as	33819
the registrar, subject to the approval of the director of public	33820
safety and the treasurer of state, shall prescribe by rule.	33821

Sec. 4519.10.  (A) The purchaser of an off-highway	33822
motorcycle or all-purpose vehicle, upon application and proof of	33823
purchase, may obtain a temporary license placard for it. The	33824
application for such a placard shall be signed by the purchaser of	33825
the off-highway motorcycle or all-purpose vehicle. The temporary	33826
license placard shall be issued only for the applicant's use of	33827
the off-highway motorcycle or all-purpose vehicle to enable the	33828
applicant to operate it legally while proper title and a	33829
registration sticker are being obtained and shall be displayed on	33830
no other off-highway motorcycle or all-purpose vehicle. A	33831
temporary license placard issued under this section shall be in a	33832
form prescribed by the registrar of motor vehicles, shall differ	33833
in some distinctive manner from a placard issued under section	33834
4503.182 of the Revised Code, shall be valid for a period of	33835
thirty days from the date of issuance, and shall not be	33836
transferable or renewable. The placard either shall consist of or	33837
be coated with such material as will enable it to remain legible	33838
and relatively intact despite the environmental conditions to	33839
which the placard is likely to be exposed during the thirty-day	33840
period for which it is valid. The purchaser of an off-highway	33841
motorcycle or all-purpose vehicle shall attach the temporary	33842
license placard to it, in a manner prescribed by rules the	33843
registrar shall adopt, so that the placard numerals or letters are	33844
clearly visible.	33845

The fee for a temporary license placard issued under this	33846
section shall be two dollars. If the placard is issued by a	33847
deputy registrar, the deputy registrar shall charge an additional	33848
fee of two dollars and twenty-fiveseventy-five cents commencing	33849
on July 1, 2001, three dollars and twenty-five cents commencing on	33850
January 1, 2003, and three dollars and fifty cents commencing on	33851
January 1, 2004, which the deputy registrar shall retain. The	33852
deputy registrar shall transmit each two-dollar fee received by	33853
the deputy registrar under this section to the registrar, who	33854
shall pay the two dollars to the treasurer of state for deposit	33855
into the state bureau of motor vehicles fund established by	33856
section 4501.25 of the Revised Code.	33857

(B) The registrar may issue temporary license placards to a	33858
dealer to be issued to purchasers for use on vehicles sold by the	33859
dealer, in accordance with rules prescribed by the registrar. The	33860
dealer shall notify the registrar within forty-eight hours of	33861
proof of issuance on a form prescribed by the registrar.	33862

The fee for each such placard issued by the registrar to a	33863
dealer shall be two dollars plus a fee of two dollars and	33864
twenty-five cents.	33865

Sec. 4519.56.  (A) An application for a certificate of title	33866
shall be sworn to before a notary public or other officer	33867
empowered to administer oaths by the lawful owner or purchaser of	33868
the off-highway motorcycle or all-purpose vehicle and shall	33869
contain at least the following information in a form and together	33870
with any other information the registrar of motor vehicles may	33871
require:	33872

(1) Name, address, and social security number or employer's	33873
tax identification number of the applicant;	33874

(2) Statement of how the off-highway motorcycle or	33875
all-purpose vehicle was acquired;	33876

(3) Name and address of the previous owner;

33877

(4) A statement of all liens, mortgages, or other	33878
encumbrances on the off-highway motorcycle or all-purpose vehicle,	33879
and the name and address of each holder thereof;	33880

(5) If there are no outstanding liens, mortgages, or other	33881
encumbrances, a statement of that fact;	33882

(6) A description of the off-highway motorcycle or	33883
all-purpose vehicle, including the make, year, series or model, if	33884
any, body type, and manufacturer's vehicle identification number.	33885

If the off-highway motorcycle or all-purpose vehicle contains	33886
a permanent identification number placed thereon by the	33887
manufacturer, this number shall be used as the vehicle	33888
identification number. Except as provided in division (B) of this	33889
section, if the application for a certificate of title refers to	33890
an off-highway motorcycle or all-purpose vehicle that contains	33891
such a permanent identification number, but for which no	33892
certificate of title has been issued previously by this state, the	33893
application shall be accompanied by a physical inspection	33894
certificate as described in that division.	33895

If there is no manufacturer's vehicle identification number	33896
or if the manufacturer's vehicle identification number has been	33897
removed or obliterated, the registrar, upon receipt of a	33898
prescribed application and proof of ownership, but prior to	33899
issuance of a certificate of title, shall assign a vehicle	33900
identification number for the off-highway motorcycle or	33901
all-purpose vehicle. This assigned vehicle identification number	33902
shall be permanently affixed to or imprinted upon the off-highway	33903
motorcycle or all-purpose vehicle by the state highway patrol. The	33904
state highway patrol shall assess a fee of fifty dollars for	33905
affixing the number to the off-highway motorcycle or all-purpose	33906
vehicle and shall deposit each such fee in the state highway	33907
safety fund established by section 4501.06 of the Revised Code.	33908

(B) Except in the case of a new off-highway motorcycle or	33909
all-purpose vehicle sold by a dealer licensed under Chapter 4517.	33910
of the Revised Code title to which is evidenced by a	33911
manufacturer's or importer's certificate, if the application for a	33912
certificate of title refers to an off-highway motorcycle or	33913
all-purpose vehicle that contains a permanent identification	33914
number placed thereon by the manufacturer, but for which no	33915
certificate of title previously has been issued by this state, the	33916
application shall be accompanied by a physical inspection	33917
certificate issued by the department of public safety verifying	33918
the make, year, series or model, if any, body type, and	33919
manufacturer's vehicle identification number of the off-highway	33920
motorcycle or all-purpose vehicle for which the certificate of	33921
title is desired. The physical inspection certificate shall be in	33922
such form as is designated by the registrar. The physical	33923
inspection shall be made at a deputy registrar's office or at an	33924
established place of business operated by a licensed motor vehicle	33925
dealer. The deputy registrar or motor vehicle dealer may charge a	33926
maximum fee of one dollar and fiftytwo dollars and seventy-five	33927
cents commencing on July 1, 2001, three dollars and twenty-five	33928
cents commencing on January 1, 2003, and three dollars and fifty	33929
cents commencing on January 1, 2004, for conducting the physical	33930
inspection.	33931

The clerk of the court of common pleas shall charge a fee of	33932
one dollar and fifty cents for the processing of each physical	33933
inspection certificate. The clerk shall retain fifty cents of the	33934
one dollar and fifty cents so charged and shall pay the remaining	33935
one dollar to the registrar by monthly returns, which shall be	33936
forwarded to the registrar not later than the fifth day of the	33937
month next succeeding that in which the certificate is received by	33938
the clerk. The registrar shall pay such remaining sums into the	33939
state bureau of motor vehicles fund established by section 4501.25	33940
of the Revised Code.	33941

Sec. 4519.69.  If the application for a certificate of title	33942
refers to an off-highway motorcycle or all-purpose vehicle last	33943
previously registered in another state, the application shall be	33944
accompanied by a physical inspection certificate issued by the	33945
department of public safety verifying the make, year, series or	33946
model, if any, body type, and manufacturer's identification number	33947
of the off-highway motorcycle or all-purpose vehicle for which the	33948
certificate of title is desired. The physical inspection	33949
certificate shall be in such form as is designated by the	33950
registrar of motor vehicles. The physical inspection of the	33951
off-highway motorcycle or all-purpose vehicle shall be made at a	33952
deputy registrar's office, or at an established place of business	33953
operated by a licensed motor vehicle dealer. Additionally, the	33954
physical inspection of a salvage off-highway motorcycle or	33955
all-purpose vehicle owned by an insurance company may be made at	33956
an established place of business operated by a salvage motor	33957
vehicle dealer licensed under Chapter 4738. of the Revised Code.	33958
The deputy registrar, the motor vehicle dealer, or the salvage	33959
motor vehicle dealer may charge a maximum fee of one dollar and	33960
fiftytwo dollars and seventy-five cents commencing on July 1,	33961
2001, three dollars and twenty-five cents commencing on January 1,	33962
2003, and three dollars and fifty cents commencing on January 1,	33963
2004, for conducting the physical inspection.	33964

The clerk of the court of common pleas shall charge a fee of	33965
one dollar and fifty cents for the processing of each physical	33966
inspection certificate. The clerk shall retain fifty cents of the	33967
one dollar and fifty cents so charged and shall pay the remaining	33968
one dollar to the registrar by monthly returns, which shall be	33969
forwarded to the registrar not later than the fifth day of the	33970
month next succeeding that in which the certificate is received by	33971
the clerk. The registrar shall pay such remaining sums into the	33972
state treasury to the credit of the state bureau of motor vehicles	33973
fund established in section 4501.25 of the Revised Code.	33974

Sec. 4701.10.  (A) The accountancy board, upon application,	33975
shall issue Ohio permits to practice public accounting to holders	33976
of the CPA certificate of certified public accountant issued under	33977
section 4701.06 or 4701.061 of the Revised Code and to persons	33978
registered under sections 4701.07 and 4701.09 of the Revised Code	33979
or the PA registration. Subject to division (D)(H)(1) of this	33980
section, there shall be a triennial Ohio permit fee in an amount	33981
to be determined by the board not to exceed one hundred fifty	33982
dollars. All Ohio permits shall expire on the last day of	33983
December of the year assigned by the board and, subject to	33984
division (D)(H)(1) of this section, shall be renewed triennially	33985
for a period of three years by certificate holders and registrants	33986
in good standing upon payment of a triennial renewal fee not to	33987
exceed one hundred fifty dollars. For the purpose of implementing	33988
this section and enforcing section 4701.11 of the Revised Code,	33989
the board may issue an Ohio permit for less than three years'	33990
duration. A prorated fee shall be determined by the board for	33991
that Ohio permit.	33992

(B) The accountancy board may issue Ohio registrations to	33993
holders of the CPA certificate and the PA registration who are not	33994
engaged in the practice of public accounting. Such persons shall	33995
not convey to the general public that they are actively engaged in	33996
the practice of public accounting in this state. Subject to	33997
division (H)(1) of this section, there shall be a triennial Ohio	33998
registration fee in an amount to be determined by the board but	33999
not exceeding fifty-five dollars. All Ohio registrations shall	34000
expire on the last day of December of the year assigned by the	34001
board and, subject to division (H)(1) of this section, shall be	34002
renewed triennially for a period of three years upon payment by	34003
certificate holders and registrants in good standing of a renewal	34004
fee not to exceed fifty-five dollars.	34005

(C) Any person who receives a CPA certificate and who	34006
applies for an initial Ohio permit or Ohio registration more than	34007
sixty days after issuance of the CPA certificate may, at the	34008
board's discretion, be subject to a late filing fee not exceeding	34009
one hundred dollars.	34010

(D) Any person to whom the board has issued an Ohio permit	34011
who is engaged in the practice of public accounting and who fails	34012
to renew the permit by the expiration date shall be subject to a	34013
late filing fee not exceeding one hundred dollars for each full	34014
month or part of a month after the expiration date in which such	34015
person did not possess a permit, up to a maximum of one thousand	34016
two hundred dollars. The board may waive or reduce the late	34017
filing fee for just cause upon receipt of a written request from	34018
such person.	34019

(E) Any person to whom the board has issued an Ohio permit	34020
or Ohio registration who is not engaged in the practice of public	34021
accounting and who fails to renew the permit or registration by	34022
the expiration date shall be subject to a late filing fee not	34023
exceeding fifty dollars for each full month or part of a month	34024
after the expiration date in which such person did not possess a	34025
permit or registration, up to a maximum of three hundred dollars.	34026
The board may waive or reduce the late filing fee for just cause	34027
upon receipt of a written request from such person.	34028

(F) Failure of anya CPA certificate holder or registrantPA	34029
registration holder to apply for a triennialeither an Ohio permit	34030
to practiceor an Ohio registration within three yearsone year	34031
from the expiration date of the Ohio permit to practiceor Ohio	34032
registration last obtained or renewed, or three yearsone year	34033
from the date upon which the CPA certificate holder or registrant	34034
was granted a CPA certificate or registration, shall result in	34035
suspension of the CPA certificate or PA registration until all	34036
fees required under divisions (D) and (E) of this section have	34037
been paid, unless the board determines the failure to have been	34038
due to excusable neglect. In that case, the renewal fee or the	34039
fee for the issuance or renewal of the original Ohio permit or	34040
Ohio registration, as the case may be, shall be the amount that	34041
the board shall determine, but not in excess of fifty dollars plus	34042
the fee for each triennial period or part of a period the	34043
certificate holder or registrant did not have either an Ohio	34044
permit or an Ohio registration.	34045

(B) All certificate holders and registrants who are not in	34046
the practice of public accounting in this state shall register	34047
with the board every three years at a fee, not to exceed	34048
fifty-five dollars, established by the board. Such persons shall	34049
not convey to the general public that they are actively engaged in	34050
the practice of public accounting in this state.	34051

(C)(G) The board shall suspend the certificate or	34052
registration of any person failing to obtain an Ohio permit in	34053
accordance with this section, except that the board by rule may	34054
exempt persons from the requirement of holding an Ohio permit or	34055
Ohio registration for specified reasons, including, but not	34056
limited to, retirement, health reasons, military service, foreign	34057
residency, or other just cause.	34058

(D)(H)(1) On and after January 1, 1995, theThe board, by	34059
rule adopted in accordance with Chapter 119. of the Revised Code,	34060
shall increase:	34061

(a) May provide for the issuance of Ohio permits and Ohio	34062
registrations for less than three years' duration at prorated	34063
fees;	34064

(b) Shall add a surcharge to the triennial Ohio permit and	34065
renewalOhio registration fee imposed pursuant to this section by	34066
of at least fifteen dollars but no more than thirty dollars for a	34067
three-year Ohio permit or Ohio registration, at least ten dollars	34068
but no more than twenty dollars for a two-year Ohio permit or Ohio	34069
registration, and at least five dollars but no more than ten	34070
dollars for a one-year Ohio permit or Ohio registration.	34071

(2) Beginning with the first quarter of 1995 and eachEach	34072
quarter thereafter, the board, for the purpose provided in section	34073
4743.05 of the Revised Code, shall certify to the director of	34074
budget and management the number of triennial Ohio permits and	34075
Ohio registrations issued or renewed under this chapter during the	34076
preceding quarter and the amount equal to that number times the	34077
amount by whichof the triennialsurcharge added to each Ohio	34078
permit and renewalOhio registration fee is increased by the board	34079
under division (D)(H)(1) of this section.	34080

Sec. 4701.16.  (A) After notice and hearing as provided in	34081
Chapter 119. of the Revised Code, the accountancy board may	34082
discipline as described in division (B) of this section a person	34083
holding an Ohio permit, an Ohio registration, a firm registration,	34084
a CPA certificate, or a PA registration or any other person whose	34085
activities are regulated by the board for any one or any	34086
combination of the following causes:	34087

(1) Fraud or deceit in obtaining a firm registration or in	34088
obtaining a CPA certificate, a PA registration, an Ohio permit, or	34089
an Ohio registration;	34090

(2) Dishonesty, fraud, or gross negligence in the practice	34091
of public accounting;	34092

(3) Violation of any of the provisions of section 4701.14 of	34093
the Revised Code;	34094

(4) Violation of a rule of professional conduct promulgated	34095
by the board under the authority granted by this chapter;	34096

(5) Conviction of a felony under the laws of any state or of	34097
the United States;	34098

(6) Conviction of any crime, an element of which is	34099
dishonesty or fraud, under the laws of any state or of the United	34100
States;	34101

(7) Cancellation, revocation, suspension, or refusal to	34102
renew authority to practice as a certified public accountant, a	34103
public accountant, or a public accounting firm by any other state,	34104
for any cause other than failure to pay registration fees in that	34105
other state;	34106

(8) Suspension or revocation of the right to practice before	34107
any state or federal agency;	34108

(9) Failure of a holder of a CPA certificate or PA	34109
registration to obtain an Ohio permit or an Ohio registration, or	34110
the failure of a public accounting firm to obtain a firm	34111
registration;	34112

(10) Conduct discreditable to the public accounting	34113
profession or to the holder of an Ohio permit, Ohio registration,	34114
or foreign certificate;	34115

(11) Failure of a public accounting firm to comply with	34116
section 4701.04 of the Revised Code.	34117

(B) For any of the reasons specified in division (A) of this	34118
section, the board may do any of the following:	34119

(1) Revoke, suspend, or refuse to renew any CPA certificate	34120
or PA registration or any Ohio permit, Ohio registration, or firm	34121
registration;	34122

(2) Disqualify a person who is not a holder of an Ohio	34123
permit or a foreign certificate from owning an equity interest in	34124
a public accounting firm or qualified firm;	34125

(3) Publicly censure a registered firm or a holder of a CPA	34126
certificate, a PA registration, an Ohio permit, or an Ohio	34127
registration;	34128

(4) Levy against a registered firm or a holder of a CPA	34129
certificate, a PA registration, an Ohio permit, or an Ohio	34130
registration a penalty or fine not to exceed onefive thousand	34131
dollars for each offense. Any fine shall be reasonable and in	34132
relation to the severity of the offense.	34133

(5) In the case of violations of division (A)(2) or (4) of	34134
this section, require completion of remedial continuing education	34135
programs prescribed by the board in addition to those required by	34136
section 4701.11 of the Revised Code;	34137

(6) In the case of violations of division (A)(2) or (4) of	34138
this section, require the holder of a CPA certificate, PA	34139
registration, or firm registration to submit to a peer review by a	34140
professional committee designated by the board, which committee	34141
shall report to the board concerning that holder's compliance with	34142
generally accepted accounting principles, generally accepted	34143
auditing standards, or other generally accepted technical	34144
standards;	34145

(7) Revoke or suspend the privileges to offer or render	34146
attest services in this state or to use a CPA title or designation	34147
in this state of an individual who holds a foreign certificate.	34148

(C) If the board levies a fine against or suspends the	34149
certificate of a person or registration of a person or firm for a	34150
violation of division (A)(2) or (4) of this section, it may waive	34151
all or any portion of the fine or suspension if the holder of the	34152
CPA certificate, PA registration, or firm registration complies	34153
fully with division (B)(5) or (6) of this section.	34154

Sec. 4707.01.  As used in sections 4707.01 to 4707.22 and	34155
4707.99 of the Revised Code:	34156

(A) "Auction" means a sale of real or personal property,	34157
goods, or chattels by means of verbal exchange or physical gesture	34158
between an auctioneer or apprentice auctioneer and members of his	34159
the audience, the exchanges and gestures consisting of a series of	34160
invitations for offers made by the auctioneer and offers by	34161
members of the audience, with the right to acceptance of offers	34162
with the auctioneer or apprentice auctioneer.	34163

(B) "Auctioneer" means any person who engages, or who by	34164
advertising or otherwise holds himselfself out as being able to	34165
engage, in the calling for, recognition of, and the acceptance of,	34166
offers for the purchase of real or personal property, goods, or	34167
chattels at auction either directly or through the use of other	34168
licensed auctioneers or apprentice auctioneers.	34169

(C) "Apprentice auctioneer" means any individual who is	34170
sponsored by an auctioneer to deal or engage in any activities	34171
mentioned in division (A) of this section.	34172

(D) "Auction company" means any person, excluding licensed	34173
auctioneers, who does business solely in histhe auctioneer's	34174
individual name, who sells, either directly or through agents,	34175
real or personal property, goods, or chattels at auction, or who	34176
arranges, sponsors, manages, conducts, or advertises auctions and	34177
who was licensed as an auction company by the department of	34178
commerceagriculture as of May 1, 1991. An auction company does	34179
not mean either of the following:	34180

(1) A sale barn or livestock auction market that is used	34181
exclusively for the auctioneering of livestock and is licensed by	34182
the department of agriculture under Chapter 943. of the Revised	34183
Code;	34184

(2) A business that is licensed by the bureau of motor	34185
vehicles under Chapter 4517. of the Revised Code and is	34186
exclusively engaged in the auction sale of motor vehicles to	34187
dealers licensed by either the bureau of motor vehicles or a	34188
bureau of motor vehicles of another jurisdiction or its	34189
equivalent.	34190

(E) "Special auctioneer" means any person who is licensed as	34191
an auction company by the department of commerceagriculture as of	34192
May 1, 1991, and currently is subject to section 4707.071 of the	34193
Revised Code.	34194

Sec. 4707.011.  The department of commerceagriculture shall	34195
administer this chapter through the division of real estate and	34196
professional licensing and the superintendent of real estate and	34197
professional licensing.	34198

Sec. 4707.02.  No person shall act as an auctioneer,	34199
apprentice auctioneer, or special auctioneer within this state	34200
without a license issued by the department of commerce	34201
agriculture. No auction shall be conducted in this state except	34202
by an auctioneer licensed by the department.	34203

The department shall not issue or renew a license if the	34204
applicant or licensee has been convicted of a felony or crime	34205
involving fraud in this or another state at any time during the	34206
ten years immediately preceding application or renewal.	34207

This section does not apply to:

34208

(A) Sales at auction conducted by or under the direction of	34209
any public authority, or sales required by law to be at auction	34210
other than sales pursuant to a judicial order or decree;	34211

(B) The owner of any real or personal property desiring to	34212
sell the property at auction, provided that the property was not	34213
acquired for the purpose of resale.	34214

Sec. 4707.03.  A state auctioneers commission shall be	34215
created within the department of commerceagriculture as follows:	34216

(A) The governor, with the advice and consent of the senate,	34217
shall appoint a commission consisting of three members, each of	34218
whom immediately prior to the date of his appointment has been a	34219
resident of this state for five years, and whose vocation for a	34220
period of at least five years has been that of an auctioneer.	34221
Terms of office shall be for three years, commencing on the tenth	34222
day of October and ending on the ninth day of October. Each	34223
member shall hold office from the date of his appointment until	34224
the end of the term for which he was appointed. Any member	34225
appointed to fill a vacancy occurring prior to the expiration of	34226
the term for which histhe member's predecessor was appointed	34227
shall hold office for the remainder of such term. Any member	34228
shall continue in office subsequent to the expiration date of his	34229
the member's term until histhe member's successor takes office,	34230
or until a period of sixty days has elapsed, whichever occurs	34231
first.	34232

(B) At no time shall there be more than two members of the	34233
same political party serving on the commission.	34234

Sec. 4707.04.  (A) The state auctioneers commission shall,	34235
upon qualification of the member appointed in each year, select	34236
from its members a chairmanchairperson, and shall serve in an	34237
advisory capacity to the department of commerceagriculture for	34238
the purpose of carrying out sections 4707.01 to 4707.22 of the	34239
Revised Code. The commission shall meet not less than four times	34240
annually.	34241

(B) Each commissioner shall receive histhe commissioner's	34242
actual and necessary expenses incurred in the discharge of such	34243
duties.	34244

Sec. 4707.05.  All fees and charges collected by the	34245
department of commerceagriculture pursuant to this chapter shall	34246
be paid into the state treasury to the credit of the auctioneers	34247
fund, which is hereby created. All expenses incurred by the	34248
department in administering this chapter shall be paid out of the	34249
fund. The total expenses incurred by the department in the	34250
administration of this chapter shall not exceed the total fees,	34251
charges, fines, and penalties imposed under sections 4707.08,	34252
4707.10, and 4707.99 of the Revised Code and paid to the treasurer	34253
of state. The department may conduct education programs for the	34254
enlightenment and benefit of all auctioneers who have paid fees	34255
pursuant to sections 4707.08 and 4707.10 of the Revised Code.	34256

Out of the moneys credited pursuant to this section, the fund	34257
shall be assessed a proportionate share of the administrative	34258
costs of the department in accordance with procedures prescribed	34259
by the director of commerceagriculture and approved by the	34260
director of budget and management. The assessment shall be paid	34261
from the auctioneers fund to the division of administration fund.	34262

Sec. 4707.06.  The department of commerceagriculture shall	34263
maintain a record of the names and addresses of all auctioneers	34264
and apprentice auctioneers, and special auctioneers licensed by	34265
the department. This record shall also include a list of all	34266
persons whose licenses have been suspended or revoked, as well as	34267
any other information relative to the enforcement of sections	34268
4707.01 to 4707.22 of the Revised Code, as the department may deem	34269
of interest to the public.	34270

Sec. 4707.07.  (A) The department of commerceagriculture	34271
may grant auctioneers' licenses to those persons deemed qualified	34272
by the department. Each person who applies for an auctioneer's	34273
license shall furnish to the department, on forms provided by the	34274
department, satisfactory proof that the applicant:	34275

(1) Has a good reputation;

34276

(2) Is of trustworthy character;

34277

(3) Has attained the age of at least eighteen years;

34278

(4) Has done one of the following:

34279

(a) Met the apprenticeship requirements set forth in section	34280
4707.09 of the Revised Code;	34281

(b) Met the requirements of section 4707.12 of the Revised	34282
Code.	34283

(5) Has a general knowledge of the following:

34284

(a) The requirements of the Revised Code relative to	34285
auctioneers;	34286

(b) The auction profession;

34287

(c) The principles involved in conducting an auction.

34288

(B) Auctioneers who served apprenticeships and who hold	34289
licenses issued before May 1, 1991, and who seek renewal of their	34290
licenses, are not subject to the additional apprenticeship	34291
requirements imposed by section 4707.08 of the Revised Code.	34292

(C) The department may issue an auctioneer's license to a	34293
partnership, association, or corporation if all the partners,	34294
members, or officers thereof who are authorized to perform the	34295
functions of an auctioneer as agents of the applicant are	34296
themselves licensed as auctioneers under this chapter.	34297

An application for an auctioneer's license filed by a	34298
partnership or association shall contain a listing of the names of	34299
all of the licensed partners, members, or other persons who are	34300
authorized to perform the functions of an auctioneer as agents of	34301
the applicant. An application filed by a corporation shall	34302
contain the names of its president and of each of its licensed	34303
officers and any other person who is authorized to perform the	34304
functions of an auctioneer as an agent of the applicant.	34305

(D) A licensee may do business under more than one	34306
registered name if the names have been approved by the department.	34307
The department may reject the application of any person seeking	34308
licensure under this chapter if the name or names to be used by	34309
the applicant are likely to mislead the public, or if the name or	34310
names do not distinguish the applicant from the name or names of	34311
any existing person licensed under this chapter. If an applicant	34312
applies to the department to do business under more than two	34313
names, the department may charge a fee of ten dollars for the	34314
third name and each additional name.	34315

Sec. 4707.071.  (A) On May 1, 1991, all persons licensed as	34316
auction companies under former section 4707.071 of the Revised	34317
Code shall comply with all provisions of this chapter that are	34318
applicable to auctioneers except as provided in divisions (B) and	34319
(C) of this section. Such persons, however, do not have to serve	34320
an apprenticeship or attend a course of study under section	34321
4707.09 of the Revised Code or submit to an examination under	34322
section 4707.08 of the Revised Code as long as they do not engage	34323
in the calling for, recognition of, and the acceptance of, offers	34324
for the purchase of personal property at auction and do not	34325
conduct auctions at any location other than the definite place of	34326
business required in section 4707.14 of the Revised Code.	34327

(B) The principal owner of each auction company which is	34328
licensed as of May 1, 1991, who pays the annual renewal fee	34329
specified in division (A) of section 4707.10 of the Revised Code	34330
during the first renewal period following May 1, 1991, shall be	34331
issued a special auctioneer's license, for the sale of personal	34332
property subject to division (A) of this section. Each principal	34333
owner shall apply for an annual license. In applying for an	34334
annual license, each person licensed as an auction company on May	34335
1, 1991, shall designate an individual as principal owner by	34336
submitting documentation substantiating that the individual is in	34337
fact the principal owner and shall identify a definite place of	34338
business as required in section 4707.14 of the Revised Code. A	34339
person licensed as an auctioneer shall not be entitled to a	34340
special auctioneer's license.	34341

(C) A special auctioneer's license issued under this section	34342
to the principal owner of a former auction company does not	34343
entitle the principal owner or former auction company to conduct	34344
auctions at any location other than the definite place of business	34345
required in section 4707.14 of the Revised Code. Notwithstanding	34346
section 4707.10 of the Revised Code, the department of agriculture	34347
shall not issue a new special auctioneer's license if the definite	34348
place of business identified by the licensee in the licensee's	34349
initial application for a special auctioneer license has changed	34350
or if the name under which the licensee is doing business has	34351
changed. No person other than an owner, officer, member, or agent	34352
of the former auction company who personally has himself passed	34353
the examination prescribed in section 4707.08 of the Revised Code	34354
and been licensed as an auctioneer shall engage in the calling	34355
for, recognition of, and the acceptance of, offers for the	34356
purchase of real or personal property, goods, or chattels at	34357
auction in connection with a former auction company that has been	34358
issued a special auctioneer's license.	34359

(D) A person licensed as a special auctioneer shall not	34360
engage in the sale of real property at auction.	34361

Sec. 4707.072.  The department of commerceagriculture may	34362
grant one-auction licenses to any nonresident person deemed	34363
qualified by the department. Any person who applies for a	34364
one-auction license shall attest, on forms provided by the	34365
department, and furnish to the department, satisfactory proof that	34366
the license applicant or any auctioneer affiliated with the	34367
applicant meets the following requirements:	34368

(A) Has a good reputation;

34369

(B) Is of trustworthy character;

34370

(C) Has attained the age of at least eighteen years;

34371

(D) Has a general knowledge of the requirements of the	34372
Revised Code relative to auctioneers, the auction profession, and	34373
the principles involved in conducting an auction;	34374

(E) Has two years of professional auctioneering experience	34375
immediately preceding the date of application and the experience	34376
includes the personal conduct by the applicant of at least twelve	34377
auction sales in any state, or has met the requirements of section	34378
4707.12 of the Revised Code;	34379

(F) Has paid a fee of one hundred dollars, which shall be	34380
credited to the auctioneers fund;	34381

(G) Has provided proof of the bond required under section	34382
4707.11 of the Revised Code.	34383

Sec. 4707.08.  (A) The department of commerceagriculture	34384
shall hold written examinations four times each year for the	34385
purpose of testing the qualifications required for obtaining a	34386
license under section 4707.07 of the Revised Code and twelve times	34387
each year for obtaining a license under section 4707.09 of the	34388
Revised Code. In addition to the written examination, auctioneer	34389
license applicants shall pass an oral examination administered by	34390
the state auctioneers commission on the same date and at the same	34391
location as the written examination. An examination shall not be	34392
required for the renewal of any license unless such license has	34393
been revoked, suspended, or allowed to expire without renewal, in	34394
which case the applicant shall take and pass the appropriate	34395
examinations offered by the department.	34396

An examination fee of twenty-five dollars shall be collected	34397
from each person taking the auctioneer examination and fifteen	34398
dollars from each person taking the apprentice auctioneer	34399
examination to defray expenses of holding such examinations.	34400

(B) All applications and proofs must be filed by each	34401
applicant before the scheduled date of examination, and must be	34402
accompanied by a bond and license fee.	34403

Sec. 4707.09.  The department of commerceagriculture may	34404
grant apprentice auctioneers' licenses to those persons deemed	34405
qualified by the department. Every applicant for an apprentice	34406
auctioneer's license must pass an examination relating to the	34407
skills, knowledge, and statutes and regulations governing	34408
auctioneers. Every applicant for an apprentice auctioneer's	34409
license shall furnish to the department, on forms provided by the	34410
department, satisfactory proof that the applicant:	34411

(A) Has a good reputation;

34412

(B) Is of trustworthy character;

34413

(C) Has attained the age of at least eighteen years;

34414

(D) Has obtained a written promise of a licensed auctioneer	34415
to sponsor the applicant during histhe applicant's	34416
apprenticeship.	34417

Before an apprentice may take the auctioneer's license	34418
examination, hethe apprentice shall serve an apprenticeship of at	34419
least twelve months, successfully complete a course of study in	34420
auctioneering at an institution that is approved every three years	34421
by the state auctioneers commission, and conduct, as a bid caller,	34422
at least twelve auction sales under the direct supervision of the	34423
sponsoring licensed auctioneer, which sales shall be certified by	34424
the licensed auctioneer on the apprentice's application for an	34425
auctioneer's license.	34426

If an auctioneer intends to terminate his sponsorship of an	34427
apprentice auctioneer, the sponsoring auctioneer shall notify the	34428
apprentice auctioneer of histhe sponsoring auctioneer's intention	34429
by certified mail, return receipt requested, at least ten days	34430
prior to the effective date of termination and, at the same time,	34431
shall deliver or mail by certified mail to the department of	34432
commerceagriculture a copy of the termination notice and the	34433
license of the apprentice auctioneer. No apprentice auctioneer	34434
shall perform any acts under authority of histhe apprentice's	34435
license after the effective date of the termination until hethe	34436
apprentice receives a new license bearing the name and address of	34437
histhe apprentice's new sponsor. No more than one license shall	34438
be issued to any apprentice auctioneer for the same period of	34439
time.	34440

No licensed auctioneer shall have under histhe licensed	34441
auctioneer's sponsorship more than two apprentice auctioneers at	34442
one time.	34443

An apprentice auctioneer may terminate histhe apprentice's	34444
sponsorship with an auctioneer by notifying the auctioneer of his	34445
the apprentice's intention by certified mail, return receipt	34446
requested, at least ten days prior to the effective date of	34447
termination. At the same time, hethe apprentice shall deliver or	34448
mail by certified mail to the department of commerceagriculture a	34449
copy of the termination notice. Upon receiving the termination	34450
notice, the sponsoring auctioneer shall promptly deliver or mail	34451
by certified mail to the department the license of the apprentice	34452
auctioneer.	34453

The termination of a sponsorship, regardless of who initiates	34454
the termination, shall not be cause for an apprentice auctioneer	34455
to lose credit for any certified sales hethe apprentice conducted	34456
or apprenticeship time hethe apprentice served under the direct	34457
supervision of the former sponsor.	34458

Sec. 4707.10.  (A) The fee for each auctioneer's, apprentice	34459
auctioneer's, or special auctioneer's license issued by the	34460
department of commerceagriculture is one hundred dollars, and the	34461
annual renewal fee for any such license is one hundred dollars.	34462
All licenses expire annually on the last day of June of each year	34463
and shall be renewed according to the standard renewal procedures	34464
of Chapter 4745. of the Revised Code, or the procedures of this	34465
section. Any licensee under this chapter who wishes to renew his	34466
the licensee's license but fails to do so before the first day of	34467
July shall reapply for licensure in the same manner and pursuant	34468
to the same requirements as for initial licensure, unless before	34469
the first day of September of the year of expiration, the former	34470
licensee pays to the department, in addition to the regular	34471
renewal fee, a late renewal penalty of one hundred dollars.	34472

(B) Any person who fails to renew histhe person's license	34473
before the first day of July is prohibited from engaging in any	34474
activity specified or comprehended in section 4707.01 of the	34475
Revised Code until such time as histhe person's license is	34476
renewed or a new license is issued. Renewal of a license between	34477
the first day of July and the first day of September does not	34478
relieve any person from complying with this division. The	34479
department may refuse to renew the license of or issue a new	34480
license to any person who violates this division.	34481

(C) The department shall prepare and deliver to each	34482
licensee a permanent license certificate and an annual renewal	34483
card, the appropriate portion of which shall be carried on the	34484
person of the licensee at all times when engaged in any type of	34485
auction activity, and part of which shall be posted with the	34486
permanent certificate in a conspicuous location at the licensee's	34487
place of business.	34488

(D) Notice in writing shall be given to the department by	34489
each auctioneer or apprentice auctioneer licensee of any change of	34490
principal business location or any change or addition to the name	34491
or names under which business is conducted, whereupon the	34492
department shall issue a new license for the unexpired period. Any	34493
change of business location or change or addition of names without	34494
notification to the department shall automatically cancel any	34495
license previously issued. For each new auctioneer or apprentice	34496
auctioneer license issued upon the occasion of a change in	34497
business location or a change in or an addition of names under	34498
which business is conducted, the department may collect a fee of	34499
ten dollars for each change in location, or name or each added	34500
name unless the notification of the change occurs concurrently	34501
with the renewal application.	34502

Sec. 4707.11.  Each application for an auctioneer's,	34503
apprentice auctioneer's, or auction company license shall be	34504
accompanied by a bond in the sum of ten thousand dollars, except	34505
that:	34506

(A) An individual licensed as an auctioneer under this	34507
chapter that applies for an auction company license shall not be	34508
required to file a bond for the auction company license if the	34509
applicant has filed a bond in connection with the auctioneer's	34510
license.	34511

(B) A partnership, association, or corporation that applies	34512
for an auction company license shall file a blanket bond in the	34513
name of such partnership, association, or corporation in an amount	34514
equal to ten thousand dollars times the number of members,	34515
employees, or officers thereof who are authorized to perform the	34516
functions of an auctioneer as agents of the applicant. The	34517
maximum total amount payable under such blanket bond for a failure	34518
of each such individual member or officer of the applicant to	34519
conduct business in accordance with sections 4707.01 to 4707.22 of	34520
the Revised Code shall be ten thousand dollars.	34521

(C) A licensed auctioneer member, employee, or officer of a	34522
partnership, association, or corporation licensed as an auction	34523
company under this chapter shall not be required to file a bond in	34524
histhe licensee's own name in connection with histhe	34525
auctioneer's license; except that if such auctioneer acts at any	34526
time in any auction capacity other than as an agent for such	34527
auction company, the auctioneer must file an individual bond, as	34528
set forth in this section. The bond may be either a cash bond or	34529
a surety bond and, if a surety bond, it shall be executed by a	34530
surety company authorized to do business in this state. Such	34531
surety bond shall be made to the department of agriculture and the	34532
bond shall be conditioned that the applicant shall conduct histhe	34533
applicant's business in accordance with sections 4707.01 to	34534
4707.22 of the Revised Code. All bonds shall be in a form	34535
approved by the department.	34536

The department shall not issue an auctioneer's, apprentice	34537
auctioneer's, or auction company license until bond has been filed	34538
in accordance with this section.	34539

Sec. 4707.111.  The state, through the department of commerce	34540
agriculture and in accordance with this chapter, shall solely	34541
regulate auctioneers and the conduct of auction sales.	34542

By enactment of this chapter, it is the intent of the general	34543
assembly to preempt municipal corporations and other political	34544
subdivisions from the regulation and licensing of auctioneers and	34545
auction sales.	34546

At least twenty-four hours prior to an auction, the person	34547
licensed under this chapter to conduct the auction shall notify	34548
the chief of police of the municipal corporation in which the	34549
auction site is located, or if the site is in the unincorporated	34550
area of a county, the county sheriff as to the location and time	34551
of the auction and give to that officer a general description of	34552
the items offered for sale.	34553

Sec. 4707.12.  A nonresident may operate as an auctioneer,	34554
apprentice auctioneer, or special auctioneer within the state by	34555
conforming to this chapter.	34556

The department of commerceagriculture may, within its	34557
discretion, waive the testing and schooling requirements for a	34558
nonresident, provided hethe nonresident holds a valid auctioneer	34559
or apprentice auctioneer license issued by a state with which the	34560
department has entered into a reciprocal licensing agreement.	34561
Nonresidents wishing to so operate in this state shall make	34562
application in writing to the department and furnish the	34563
department with proof of their ability to conduct an auction,	34564
proof of license and bond if they reside in a state with these	34565
requirements, as well as other information which the department	34566
may request.	34567

This section does not apply to nonresident auctioneers who	34568
reside in states under the laws of which similar recognition and	34569
courtesies are not extended to licensed auctioneers of this state.	34570

Sec. 4707.13.  Any nonresident who applies for permission to	34571
operate as an auctioneer within this state shall file an	34572
irrevocable consent with the department of commerceagriculture	34573
that suits and actions may be commenced against such applicant in	34574
any court of competent jurisdiction within this state by service	34575
of process upon the secretary of state. Said consent shall agree	34576
that the service of such process shall be held in all courts to be	34577
valid and binding as if service had been made upon the applicant	34578
within this state.	34579

Sec. 4707.15.  The department of commerceagriculture may	34580
suspend or revoke the license of any auctioneer, apprentice	34581
auctioneer, or special auctioneer for any of the following causes:	34582

(A) Obtaining a license through false or fraudulent	34583
representation;	34584

(B) Making any substantial misrepresentation in an	34585
application for an auctioneer's, apprentice auctioneer's, or	34586
special auctioneer's license;	34587

(C) A continued course of misrepresentation or for making	34588
false promises through agents, advertising, or otherwise;	34589

(D) Failing to account for or remit, within a reasonable	34590
time, any money belonging to others that comes into histhe	34591
licensee's possession, and for commingling funds of others with	34592
histhe licensee's own, or failing to keep such funds of others in	34593
an escrow or trustee account, except that in the case of a	34594
transaction involving real estate, such funds shall be maintained	34595
in accordance with division (A)(26) of section 4735.18 of the	34596
Revised Code;	34597

(E) Paying valuable consideration to any person who has	34598
violated this chapter;	34599

(F) Conviction in a court of competent jurisdiction of this	34600
state or any other state of a criminal offense involving fraud or	34601
a felony;	34602

(G) Violation of this chapter;

34603

(H) Failure to furnish voluntarily at the time of execution,	34604
copies of all written instruments prepared by the auctioneer;	34605

(I) Any conduct of an auctioneer which demonstrates bad	34606
faith, dishonesty, incompetency, or untruthfulness;	34607

(J) Any other conduct that constitutes improper, fraudulent,	34608
or dishonest dealings;	34609

(K) Failing prior to the sale at public auction to enter	34610
into a written contract with the owner or consignee of any	34611
property to be sold, containing the terms and conditions upon	34612
which such licensee received the property for sale;	34613

(L) The use of any power of attorney to circumvent this	34614
chapter;	34615

(M) Failure to display a notice conspicuously at the clerk's	34616
desk or on a bid card that clearly states the terms and conditions	34617
of the sale, the name of the auctioneer or special auctioneer	34618
conducting the sale, and that the auctioneer or special auctioneer	34619
is licensed by the department of commerceagriculture and has	34620
filed a bond;	34621

(N) Failure to notify the department of any conviction of a	34622
felony or crime involving fraud within fifteen days of conviction;	34623

(O) Acting in the capacity of an auctioneer, whether for	34624
valuable consideration or not, for any special auctioneer that is	34625
not licensed under this chapter.	34626

Sec. 4707.152.  In lieu of suspending or revoking a license	34627
under section 4707.15 of the Revised Code, the department of	34628
commerceagriculture may issue a written reprimand to any	34629
licensee who violates any provision of this chapter.	34630

Sec. 4707.16.  (A) The department of commerceagriculture	34631
may, upon its own motion, and shall upon the verified written	34632
complaint of any person, investigate the actions of any	34633
auctioneer, apprentice auctioneer, or special auctioneer, any	34634
applicant for an auctioneer's, apprentice auctioneer's, or special	34635
auctioneer's license, or any person who assumes to act in that	34636
capacity, if the complaint, together with other evidence presented	34637
in connection with it, makes out a prima-facie case.	34638

If the department determines that any such applicant is not	34639
entitled to receive a license, a license shall not be granted to	34640
such applicant, and if the department determines that any licensee	34641
is guilty of a violation of section 4707.14 or 4707.15 of the	34642
Revised Code, the department may suspend or revoke the license.	34643
Any auctioneer, apprentice auctioneer, or special auctioneer who	34644
has had histhe auctioneer's, apprentice auctioneer's, or special	34645
auctioneer's license revoked shall not be issued another such	34646
license for a period of two years from the date of revocation.	34647

(B) The department of commerce may investigate complaints	34648
concerning the violation of sections 4707.02 and 4707.15 of the	34649
Revised Code and may subpoena witnesses in connection with such	34650
investigations as provided in this section. The department may	34651
make application to the court of common pleas for an order	34652
enjoining the violation of sections 4707.02 and 4707.15 of the	34653
Revised Code, and upon a showing by the department that any	34654
licensed auctioneer, apprentice auctioneer, or special auctioneer	34655
has violated or is about to violate section 4707.15 of the Revised	34656
Code, or any person has violated or is about to violate section	34657
4707.02 of the Revised Code, an injunction, restraining order, or	34658
other order as may be appropriate shall be granted by the court.	34659

(C) The department of commerce may compel by subpoena the	34660
attendance of witnesses to testify in relation to any matter over	34661
which it has jurisdiction and which is the subject of inquiry and	34662
investigation by it, and require the production of any book,	34663
paper, or document pertaining to such matter. In case any person	34664
fails to file any statement or report, obey any subpoena, give	34665
testimony, or produce any books, records, or papers as required by	34666
such a subpoena, the court of common pleas of any county in the	34667
state, upon application made to it by the department, shall compel	34668
obedience by attachment proceedings for contempt, as in the case	34669
of disobedience of the requirements of a subpoena issued from such	34670
court, or a refusal to testify therein.	34671

(D) When the department determines that a person not	34672
licensed under this chapter is engaged in or is believed to be	34673
engaged in activities for which a license is required under this	34674
chapter, the department may issue an order to that person	34675
requiring himthe person to show cause as to why hethe person	34676
should not be subject to licensing under this chapter. If the	34677
department, after a hearing, determines that the activities in	34678
which the person is engaged are subject to licensing under this	34679
chapter, the department may issue a cease-and-desist order which	34680
shall describe the person and activities which are subject to the	34681
order. A cease-and-desist order issued under this section shall	34682
be enforceable in and may be appealed to the common pleas courts	34683
of this state under Chapter 119. of the Revised Code.	34684

Sec. 4707.19.  The department of commerceagriculture may	34685
make reasonable rules necessary for the implementation of the	34686
provisions of this chapter pursuant to Chapter 119. of the Revised	34687
Code. The department may hear testimony in matters relating to	34688
the duties imposed on it, and any person authorized by the	34689
director of commerceagriculture may administer oaths. The	34690
department may require other proof of the honesty, truthfulness,	34691
and good reputation of any person named in the application for an	34692
auctioneer's, apprentice auctioneer's, or special auctioneer's	34693
license before admitting the applicant to an examination or	34694
issuing a license.	34695

Sec. 4707.20.  (A) No person shall act as an auctioneer or	34696
special auctioneer on a sale at auction until the person has first	34697
entered into a written contract or agreement in duplicate with the	34698
owner or consignee of any property to be sold, containing the	34699
terms and conditions upon which the licensee receives or accepts	34700
the property for sale at auction. The contracts or agreements	34701
shall, for a period of two years, be kept on file in the office of	34702
every person so licensed. No apprentice auctioneer shall be	34703
authorized to enter into such contract or agreement without the	34704
written consent of the apprentice auctioneer's sponsoring	34705
auctioneer and all contracts or agreements shall be made in the	34706
name of and on behalf of the sponsoring auctioneer.	34707

(B) On all contracts or agreements between an auctioneer or	34708
special auctioneer and the owner or consignee, there shall appear	34709
a prominent statement indicating that the auctioneer or special	34710
auctioneer is licensed by the department of commerceagriculture,	34711
and is bonded in favor of the state.	34712

(C) The auctioneer or special auctioneer who contracts with	34713
the owner is liable for the settlement of all money received,	34714
including the payment of all expenses incurred only by the	34715
licensee and the distribution of all funds, in connection with an	34716
auction.	34717

Sec. 4707.21.  No auctioneer, apprentice auctioneer, or	34718
special auctioneer shall willfully neglect or refuse to furnish	34719
the department of commerceagriculture statistics or other	34720
information in histhe auctioneer's, apprentice auctioneer's, or	34721
special auctioneer's possession or under histhe auctioneer's,	34722
apprentice auctioneer's, or special auctioneer's control, which he	34723
the auctioneer, apprentice auctioneer, or special auctioneer is	34724
authorized to collect; nor shall hethe auctioneer, apprentice	34725
auctioneer, or special auctioneer neglect or refuse, for more than	34726
thirty days, to answer questions submitted on circulars; nor shall	34727
hethe auctioneer, apprentice auctioneer, or special auctioneer	34728
knowingly answer any such questions falsely; nor shall hethe	34729
auctioneer, apprentice auctioneer, or special auctioneer refuse to	34730
obey subpoenas and give testimony. Licensees shall keep records	34731
relative to any auction sale for at least two years from the date	34732
of sale. These records shall include settlement sheets, written	34733
contracts, and copies of any advertising that lists the items for	34734
sale.	34735

Sec. 4707.23.  On receipt of a notice pursuant to section	34736
3123.43 of the Revised Code, the department of commerce	34737
agriculture shall comply with sections 3123.41 to 3123.50 of the	34738
Revised Code and any applicable rules adopted under section	34739
3123.63 of the Revised Code with respect to a license issued	34740
pursuant to this chapter.	34741

Sec. 4707.99.  (A) Whoever acts as an auctioneer, apprentice	34742
auctioneer, or special auctioneer as defined in section 4707.01 of	34743
the Revised Code, without first obtaining a license, upon	34744
conviction thereof, shall be fined not less than one hundred nor	34745
more than one thousand dollars, or imprisoned not more than ninety	34746
days, or both.	34747

(B) Whoever violates this chapter or any rule promulgated by	34748
the department of commerceagriculture in the administration of	34749
this chapter, for the violation of which no penalty is provided,	34750
shall be fined not less than fifty nor more than two hundred	34751
dollars.	34752

(C) Whoever violates section 4707.151 of the Revised Code	34753
shall be fined not more than fifty thousand dollars, or imprisoned	34754
not more than one year, or both.	34755

Sec. 4713.10.  The state board of cosmetology shall charge	34756
and collect the following fees:	34757

(A) For application to take the examination for a license to	34758
practice cosmetology, or any branch thereof, twenty-one dollars;	34759

(B) For the re-examination of any applicant who has	34760
previously failed to pass the examination, fourteentwenty-one	34761
dollars;	34762

(C) For the issuance or renewal of a cosmetology,	34763
manicurist, or esthetics instructor's license, thirty dollars;	34764

(D) For the issuance or renewal of a managing	34765
cosmetologist's, managing manicurist's, or managing esthetician's	34766
license, thirty dollars;	34767

(E) For the issuance or renewal of a cosmetology school	34768
license, two hundred fifty dollars;	34769

(F) For the inspection and issuance of a new beauty salon,	34770
nail salon, or esthetics salon or the change of name or ownership	34771
of a beauty salon, nail salon, or esthetics salon license, sixty	34772
dollars;	34773

(G) For the renewal of a beauty salon, nail salon, or	34774
esthetics salon license, fifty dollars;	34775

(H) For the issuance or renewal of a cosmetologist's,	34776
manicurist's, or esthetician's license, thirty dollars;	34777

(I) For the restoration of any lapsed license which may be	34778
restored pursuant to section 4713.11 of the Revised Code, and in	34779
addition to the payments required by that section, thirty dollars;	34780

(J) For the issuance of a license under section 4713.09 of	34781
the Revised Code, sixty dollars;	34782

(K) For the issuance of a duplicate of any license, fifteen	34783
dollars;	34784

(L) For the preparation and mailing of a licensee's records	34785
to another state for a reciprocity license, fifty dollars;	34786

(M) For the processing of any fees related to a check from a	34787
licensee returned to the board for insufficient funds, an	34788
additional twenty dollars.	34789

Each applicant shall, in addition to the fees specified,	34790
furnish the applicant's own models.	34791

Sec. 4715.03.  (A) The state dental board shall organize by	34792
the election from its members of a president and a secretary. It	34793
shall hold meetings monthly at least eight months a year at such	34794
times and places as the board designates. A majority of the	34795
members of the board shall constitute a quorum. The board shall	34796
make such reasonable rules as it determines necessary pursuant to	34797
Chapter 119. of the Revised Code.	34798

(B) A concurrence of a majority of the members of the board	34799
shall be required to grant, refuse, suspend, place on probationary	34800
status, revoke, refuse to renew, or refuse to reinstate a license	34801
or censure a license holder.	34802

(C) The board shall adopt rules establishing standards for	34803
the safe practice of dentistry and dental hygiene by qualified	34804
practitioners and shall, through its policies and activities,	34805
promote such practice.	34806

The board shall adopt rules in accordance with Chapter 119.	34807
of the Revised Code establishing universal blood and body fluid	34808
precautions that shall be used by each person licensed under this	34809
chapter who performs exposure prone invasive procedures. The	34810
rules shall define and establish requirements for universal blood	34811
and body fluid precautions that include the following:	34812

(1) Appropriate use of hand washing;

34813

(2) Disinfection and sterilization of equipment;

34814

(3) Handling and disposal of needles and other sharp	34815
instruments;	34816

(4) Wearing and disposal of gloves and other protective	34817
garments and devices.	34818

(D) The board shall administer and enforce the provisions of	34819
this chapter. The board shall investigate evidence which appears	34820
to show that any person has violated any provision of this	34821
chapter. Any person may report to the board under oath any	34822
information such person may have appearing to show a violation of	34823
any provision of this chapter. In the absence of bad faith, any	34824
person who reports such information or who testifies before the	34825
board in any disciplinary proceeding conducted pursuant to Chapter	34826
119. of the Revised Code is not liable for civil damages as a	34827
result of hismaking the report or providing testimony. If after	34828
investigation the board determines that there are reasonable	34829
grounds to believe that a violation of this chapter has occurred,	34830
the board shall conduct disciplinary proceedings pursuant to	34831
Chapter 119. of the Revised Code or provide for a license holder	34832
to participate in the quality intervention program established	34833
under section 4715.031 of the Revised Code. The board shall not	34834
dismiss any complaint or terminate any investigation except by a	34835
majority vote of its members. For the purpose of any disciplinary	34836
proceeding or any investigation conducted prior to a disciplinary	34837
proceedingunder this division, the board may administer oaths,	34838
order the taking of depositions, issue subpoenas, compel the	34839
attendance and testimony of persons at depositions and compel the	34840
production of books, accounts, papers, documents, or other	34841
tangible things. The hearings and investigations of the board	34842
shall be considered civil actions for the purposes of section	34843
2305.251 of the Revised Code. Notwithstanding section 121.22 of	34844
the Revised Code, proceedings of the board relative to the	34845
investigation of a complaint or the determination whether there	34846
are reasonable grounds to believe that a violation of this chapter	34847
has occurred are confidential and are not subject to discovery in	34848
any civil action.	34849

(E) The board shall examine or cause to be examined eligible	34850
applicants to practice dentistry and dental hygiene. The board may	34851
distinguish by rule different classes of qualified personnel	34852
according to skill levels and require all or only certain of these	34853
classes of qualified personnel to be examined and certified by the	34854
board.	34855

(F) In accordance with Chapter 119. of the Revised Code, the	34856
board shall adopt, and may amend or rescind, rules establishing	34857
the eligibility criteria, the application and permit renewal	34858
procedures, and safety standards applicable to a dentist licensed	34859
under this chapter who applies for a permit to employ or use	34860
conscious intravenous sedation. These rules shall include all of	34861
the following:	34862

(1) The eligibility requirements and application procedures	34863
for an eligible dentist to obtain a conscious intravenous sedation	34864
permit;	34865

(2) The minimum educational and clinical training standards	34866
required of applicants, which shall include satisfactory	34867
completion of an advanced cardiac life support course;	34868

(3) The facility equipment and inspection requirements;

34869

(4) Safety standards;

34870

(5) Requirements for reporting adverse occurrences.

34871

Sec. 4715.031. (A) The state dental board shall develop and	34872
implement a quality intervention program. The board may propose	34873
that the holder of a license issued by the board participate in	34874
the program if the board determines pursuant to an investigation	34875
conducted under section 4715.03 of the Revised Code that there are	34876
reasonable grounds to believe the license holder has violated a	34877
provision of this chapter due to a clinical or communication	34878
problem that could be improved through participation in the	34879
program and determines that the license holder's participation in	34880
the program is appropriate. The board shall refer a license	34881
holder who agrees to participate in the program to an educational	34882
and assessment service provider selected by the board.	34883

The board shall select educational and assessment service	34884
providers, which may include quality intervention program panels	34885
of case reviewers. A provider selected by the board to provide	34886
services to a license holder shall recommend to the board the	34887
educational and assessment services the license holder should	34888
receive under the program. The license holder may begin	34889
participation in the program if the board approves the services	34890
the provider recommends. The license holder shall pay the amounts	34891
charged by the provider for the services.	34892

The board shall monitor a license holder's progress in the	34893
program and determine whether the license holder has successfully	34894
completed the program. If the board determines that the license	34895
holder has successfully completed the program, it may continue to	34896
monitor the license holder, take other action it considers	34897
appropriate, or both. If the board determines that the license	34898
holder has not successfully completed the program, it shall	34899
commence disciplinary proceedings against the license holder under	34900
section 4715.03 of the Revised Code.	34901

The board may adopt rules in accordance with Chapter 119. of	34902
the Revised Code to further implement the quality intervention	34903
program.	34904

Sec. 4715.13.  Applicants for licenses to practice dentistry	34905
or for a general anesthesia permit or a conscious intravenous	34906
sedation permit shall pay to the secretary of the state dental	34907
board the following fees:	34908

(A) For license by examination, one hundred forty-oneninety	34909
dollars if issued in an odd-numbered year or twothree hundred	34910
thirty-fiveseventeen dollars if issued in an even-numbered year;	34911

(B) For license by endorsement, one hundred forty-oneninety	34912
dollars if issued in an odd-numbered year or twothree hundred	34913
thirty-fiveseventeen dollars if issued in an even-numbered year;	34914

(C) For duplicate license, to be granted upon proof of loss	34915
of the original, fifteentwenty dollars;	34916

(D) For a general anesthesia permit, ninety-fourone hundred	34917
twenty-seven dollars;	34918

(E) For a conscious intravenous sedation permit, ninety-four	34919
one hundred twenty-seven dollars.	34920

The fee in division (A) of this section may be refunded to an	34921
applicant who is unavoidably prevented from attending the	34922
examination, or the applicant may be examined at the next regular	34923
or special meeting of the board without an additional fee.	34924

An applicant who fails the first examination may be	34925
re-examined at the next regular or special meeting of the board	34926
without an additional fee.	34927

Sec. 4715.14.  (A) Each person who is licensed to practice	34928
dentistry in Ohio shall, on or before the first day of January of	34929
each even-numbered year, register with the state dental board.	34930
The registration shall be made on a form prescribed by the board	34931
and furnished by the secretary, shall include the licensee's name,	34932
address, license number, and such other reasonable information as	34933
the board may consider necessary, and shall include payment of a	34934
biennial registration fee of onetwo hundred sixty-threetwenty	34935
dollars. This fee shall be paid to the treasurer of state. All	34936
such registrations shall be in effect for the two-year period	34937
beginning on the first day of January of the even-numbered year	34938
and ending on the last day of December of the following	34939
odd-numbered year, and shall be renewed in accordance with the	34940
standard renewal procedure of sections 4745.01 to 4745.03 of the	34941
Revised Code. The failure of a licensee to renew the licensee's	34942
registration in accordance with this section shall result in an	34943
automatic suspension of the licensee's license to practice	34944
dentistry.	34945

(B) Any dentist whose license has been suspended under this	34946
section may be reinstated by the payment of the biennial	34947
registration fee and in addition thereto sixtyeighty-one dollars	34948
to cover costs of the reinstatement; excepting that to any	34949
licensed dentist who desires to temporarily retire from practice,	34950
and who has given the board notice in writing to that effect, the	34951
board shall grant such a retirement, provided only that at that	34952
time all previous registration fees and additional costs of	34953
reinstatement have been paid.	34954

(C) Each dentist licensed to practice, whether a resident or	34955
not, shall notify the secretary in writing of any change in the	34956
dentist's office address or employment within ten days after such	34957
change has taken place. On the first day of July of every	34958
even-numbered year, the secretary shall issue a printed roster of	34959
the names and addresses so registered.	34960

Sec. 4715.16.  (A) Upon payment of a fee of seventen	34961
dollars and fifty cents, the state dental board may without	34962
examination issue a limited resident's license to any person who	34963
is a graduate of a dental college, is authorized to practice in	34964
another state or country or qualified to take the regular	34965
licensing examination in this state, and furnishes the board	34966
satisfactory proof of having been appointed a dental resident at	34967
an accredited dental college in this state or at an accredited	34968
program of a hospital in this state, but has not yet been licensed	34969
as a dentist by the board. Any person receiving a limited	34970
resident's license may practice dentistry only in connection with	34971
programs operated by the dental college or hospital at which the	34972
person is appointed as a resident as designated on the person's	34973
limited resident's license, and only under the direction of a	34974
licensed dentist who is a member of the dental staff of the	34975
college or hospital or a dentist holding a current limited	34976
teaching license issued under division (B) of this section, and	34977
only on bona fide patients of such programs. The holder of a	34978
limited resident's license may be disciplined by the board	34979
pursuant to section 4715.30 of the Revised Code.	34980

(B) Upon payment of seventy-fiveone hundred one dollars and	34981
upon application endorsed by an accredited dental college in this	34982
state, the board may without examination issue a limited teaching	34983
license to a dentist who is a graduate of a dental college, is	34984
authorized to practice dentistry in another state or country, and	34985
has full-time appointment to the faculty of the endorsing dental	34986
college. A limited teaching license is subject to annual renewal	34987
in accordance with the standard renewal procedure of Chapter 4745.	34988
of the Revised Code, and automatically expires upon termination of	34989
the full-time faculty appointment. A person holding a limited	34990
teaching license may practice dentistry only in connection with	34991
programs operated by the endorsing dental college. The board may	34992
discipline the holder of a limited teaching license pursuant to	34993
section 4715.30 of the Revised Code.	34994

(C)(1) As used in this division:

34995

(a) "Continuing dental education practicum" or "practicum"	34996
means a course of instruction, approved by the American dental	34997
association, Ohio dental association, or academy of general	34998
dentistry, that is designed to improve the clinical skills of a	34999
dentist by requiring the dentist to participate in clinical	35000
exercises on patients.	35001

(b) "Director" means the person responsible for the operation	35002
of a practicum.	35003

(2) Upon payment of seventy-fiveone hundred one dollars and	35004
application endorsed by the director of a continuing dental	35005
education practicum, the board shall, without examination, issue a	35006
temporary limited continuing education license to a resident of a	35007
state other than Ohio who is licensed to practice dentistry in	35008
such state and is in good standing, is a graduate of an accredited	35009
dental college, and is registered to participate in the endorsing	35010
practicum. The determination of whether a dentist is in good	35011
standing shall be made by the board.	35012

A dentist holding a temporary limited continuing education	35013
license may practice dentistry only on residents of the state in	35014
which the dentist is permanently licensed or on patients referred	35015
by a dentist licensed pursuant to section 4715.12 or 4715.15 of	35016
the Revised Code to an instructing dentist licensed pursuant to	35017
one of those sections, and only while participating in a required	35018
clinical exercise of the endorsing practicum on the premises of	35019
the facility where the practicum is being conducted.	35020

Practice under a temporary limited continuing education	35021
license shall be under the direct supervision and full	35022
professional responsibility of an instructing dentist licensed	35023
pursuant to section 4715.12 or 4715.15 of the Revised Code, shall	35024
be limited to the performance of those procedures necessary to	35025
complete the endorsing practicum, and shall not exceed thirty days	35026
of actual patient treatment in any year.	35027

(3) A director of a continuing dental education practicum	35028
who endorses an application for a temporary limited continuing	35029
education license shall, prior to making the endorsement, notify	35030
the state dental board in writing of the identity of the sponsors	35031
and the faculty of the practicum and the dates and locations at	35032
which it will be offered. The notice shall also include a brief	35033
description of the course of instruction. The board may prohibit	35034
a continuing dental education practicum from endorsing	35035
applications for temporary limited continuing education licenses	35036
if the board determines that the practicum is engaged in	35037
activities that constitute a threat to public health and safety or	35038
do not constitute bona fide continuing dental education, or that	35039
the practicum permits activities which otherwise violate this	35040
chapter. Any continuing dental education practicum prohibited	35041
from endorsing applications may request an adjudication pursuant	35042
to Chapter 119. of the Revised Code.	35043

A temporary limited continuing education license shall be	35044
valid only when the dentist is participating in the endorsing	35045
continuing dental education practicum and shall expire at the end	35046
of one year. If the dentist fails to complete the endorsing	35047
practicum in one year, the board may, upon the dentist's	35048
application and payment of a fee of seventy-five dollars, renew	35049
the temporary limited continuing education license for a	35050
consecutive one-year period. Only two renewals may be granted.	35051
The holder of a temporary limited continuing education license may	35052
be disciplined by the board pursuant to section 4715.30 of the	35053
Revised Code.	35054

(D) The board shall act either to approve or to deny any	35055
application for a limited license pursuant to division (A), (B),	35056
or (C) of this section not later than sixty days of the date the	35057
board receives the application.	35058

Sec. 4715.21.  Each person who desires to practice as a	35059
dental hygienist shall file with the secretary of the state dental	35060
board a written application for a license, under oath, upon the	35061
form prescribed. Such applicant shall furnish satisfactory proof	35062
of being at least eighteen years of age and of good moral	35063
character. An applicant shall present a diploma or certificate of	35064
graduation from an accredited dental hygiene school and shall pay	35065
the examination fee of seventy-oneninety-six dollars if the	35066
license is issued in an odd-numbered year or one hundred nine	35067
forty-seven dollars if issued in an even-numbered year. Those	35068
passing such examination as the board prescribes relating to	35069
dental hygiene shall receive a certificate of registration	35070
entitling them to practice. If an applicant fails to pass the	35071
first examination the applicant may apply for a re-examination at	35072
the next regular or special examination meeting of the board.	35073

No applicant shall be admitted to more than two examinations	35074
without first presenting satisfactory proof that the applicant has	35075
successfully completed such refresher courses in an accredited	35076
dental hygiene school as the state dental board may prescribe.	35077

An accredited dental hygiene school shall be one accredited	35078
by the council on dental education of the American dental	35079
association or whose educational standards are recognized by the	35080
council on dental education of the American dental association and	35081
approved by the state dental board.	35082

Sec. 4715.24.  (A) Each person who is licensed to practice	35083
as a dental hygienist in Ohio shall, on or before the first day of	35084
January of each even-numbered year, register with the state dental	35085
board. The registration shall be made on a form prescribed by the	35086
board and furnished by the secretary, shall include the licensee's	35087
name, address, license number, and such other reasonable	35088
information as the board may consider necessary, and shall include	35089
payment of a biennial registration fee of seventy-fiveone hundred	35090
one dollars. This fee shall be paid to the treasurer of state.	35091
All such registrations shall be in effect for the two-year period	35092
beginning on the first day of January of each even-numbered year	35093
and ending on the last day of December of the following	35094
odd-numbered year, and shall be renewed in accordance with the	35095
standard renewal procedure of sections 4745.01 to 4745.03 of the	35096
Revised Code. The failure of a licensee to renew registration in	35097
accordance with this section shall result in the automatic	35098
suspension of the licensee's license to practice as a dental	35099
hygienist.	35100

(B) Any dental hygienist whose license has been suspended	35101
under this section may be reinstated by the payment of the	35102
biennial registration fee and in addition thereto twenty-three	35103
thirty-one dollars to cover the costs of reinstatement.	35104

(C) The license of a dental hygienist shall be exhibited in	35105
a conspicuous place in the room in which the dental hygienist	35106
practices. Each dental hygienist licensed to practice, whether a	35107
resident or not, shall notify the secretary in writing of any	35108
change in the dental hygienist's office address or employment	35109
within ten days after the change takes place.	35110

Sec. 4715.27.  The state dental board may issue a license to	35111
an applicant who furnishes satisfactory proof of being at least	35112
eighteen years of age, of good moral character and who	35113
demonstrates, to the satisfaction of the board, knowledge of the	35114
laws, regulations, and rules governing the practice of a dental	35115
hygienist; who proves, to the satisfaction of the board, intent to	35116
practice as a dental hygienist in this state; who is a graduate	35117
from an accredited school of dental hygiene and who holds a	35118
license by examination from a similar dental board, and who passes	35119
an examination as prescribed by the board relating to dental	35120
hygiene.	35121

Upon payment of forty-threefifty-eight dollars and upon	35122
application endorsed by an accredited dental hygiene school in	35123
this state, the state dental board may without examination issue a	35124
teacher's certificate to a dental hygienist, authorized to	35125
practice in another state or country. A teacher's certificate	35126
shall be subject to annual renewal in accordance with the standard	35127
renewal procedure of sections 4745.01 to 4745.03 of the Revised	35128
Code, and shall not be construed as authorizing anything other	35129
than teaching or demonstrating the skills of a dental hygienist in	35130
the educational programs of the accredited dental hygiene school	35131
which endorsed the application.	35132

Sec. 4717.02.  (A) There is hereby created the board of	35133
embalmers and funeral directors consisting of seven members to be	35134
appointed by the governor with the advice and consent of the	35135
senate. FourFive members shall be licensed embalmers and	35136
practicing funeral directors, each with at least ten consecutive	35137
years of experience in this state immediately preceding the date	35138
of the person's appointment. One member; one of these members	35139
shall be knowledgeable and experienced in operating a crematory	35140
and is not required to be, but may be, a licensed embalmer or	35141
funeral director. Two members shall represent the public; at	35142
least one of the twothese members shall be at least sixty years	35143
of age.	35144

(B) Terms of office are for five years, commencing on the	35145
first day of July and ending on the last day of June. Each	35146
member shall hold office from the date of the member's appointment	35147
until the end of the term for which the member was appointed.	35148
Before entering upon the duties of the office, each member shall	35149
take and file with the secretary of state an oath of office as	35150
required by Section 7 of Article XV, Ohio Constitution.	35151

(C) The governor may remove a member of the board for	35152
neglect of duty, incompetency, or immoral conduct. Vacancies	35153
shall be filled in the manner provided for original appointments.	35154
Any member appointed to fill a vacancy occurring prior to the	35155
expiration date of the term for which the member's predecessor was	35156
appointed shall hold office as a member for the remainder of that	35157
term. A member shall continue in office subsequent to the	35158
expiration date of the member's term until the member's successor	35159
takes office, or until a period of sixty days has elapsed,	35160
whichever occurs first.	35161

(D) Each member of the board shall receive an amount fixed	35162
under division (J) of section 124.15 of the Revised Code for each	35163
day, not to exceed sixty days per year, employed in the discharge	35164
of the member's duties as a board member, together with any	35165
necessary expenses incurred in the performance of those duties.	35166

Sec. 4717.07.  (A) The board of embalmers and funeral	35167
directors shall charge and collect the following fees:	35168

(1) For the issuance of an initial embalmer's or funeral	35169
director's license, five dollars;	35170

(2) For the issuance of an embalmer or funeral director	35171
registration, twenty-five dollars;	35172

(3) For filing an embalmer or funeral director certificate	35173
of apprenticeship, ten dollars;	35174

(4) For the application to take the examination for a	35175
license to practice as an embalmer or funeral director, or to	35176
retake a section of the examination, thirty-five dollars;	35177

(5) For the biennial renewal of an embalmer's or funeral	35178
director's license, sixtyone hundred twenty dollars;	35179

(6) For the initial issuance and renewal of a license to	35180
operate a funeral home, one hundred twenty-five dollars and	35181
biennial renewal of a license to operate a funeral home, two	35182
hundred fifty dollars;	35183

(7) For the reinstatement of a lapsed embalmer's or funeral	35184
director's license, the renewal fee prescribed in division (A)(5)	35185
of this section plus fifty dollars for each month or portion of a	35186
month the license is lapsed until reinstatement;	35187

(8) For the reinstatement of a lapsed license to operate a	35188
funeral home, the renewal fee prescribed in division (A)(6) of	35189
this section plus fifty dollars for each month or portion of a	35190
month the license is lapsed until reinstatement;	35191

(9) For the initial issuance and renewal of a license to	35192
operate an embalming facility, one hundred dollars and biennial	35193
renewal of a license to operate an embalming facility, two hundred	35194
dollars;	35195

(10) For the reinstatement of a lapsed license to operate an	35196
embalming facility, the renewal fee prescribed in division (A)(9)	35197
of this section plus fifty dollars for each month or portion of a	35198
month the license is lapsed until reinstatement;	35199

(11) For the initial issuance and renewal of a license to	35200
operate a crematory facility, one hundred dollars and biennial	35201
renewal of a license to operate a crematory facility, two hundred	35202
dollars;	35203

(12) For the reinstatement of a lapsed license to operate a	35204
crematory facility, the renewal fee prescribed in division (A)(11)	35205
of this section plus fifty dollars for each month or portion of a	35206
month the license is lapsed until reinstatement;	35207

(13) For the issuance of a duplicate of a license issued	35208
under this chapter, four dollars.	35209

(B) In addition to the fees set forth in division (A) of	35210
this section, an applicant shall pay the examination fee assessed	35211
by any examining agency the board uses for any section of an	35212
examination required under this chapter.	35213

(C) Subject to the approval of the controlling board, the	35214
board of embalmers and funeral directors may establish fees in	35215
excess of the amounts set forth in this section, provided that	35216
these fees do not exceed the amounts set forth in this section by	35217
more than fifty per cent.	35218

Sec. 4717.08.  (A) Every license issued under this chapter	35219
expires on the last day of December of theeach even-numbered year	35220
of its issuance and shall be renewed on or before that date	35221
according to the standard license renewal procedure set forth in	35222
Chapter 4745. of the Revised Code. Licenses not renewed by the	35223
last day of December of each even-numbered year are lapsed.	35224

(B) A holder of a lapsed license to operate a funeral home,	35225
license to operate an embalming facility, or license to operate a	35226
crematory facility may reinstate the license with the board by	35227
paying the lapsed license fee established under section 4717.07 of	35228
the Revised Code.	35229

(C) A holder of a lapsed embalmer's or funeral director's	35230
license may reinstate the license with the board by paying the	35231
lapsed license fee established under section 4717.07 of the	35232
Revised Code, except that if the license is lapsed for more than	35233
one hundred eighty days after its expiration date, the holder also	35234
shall take and pass the Ohio laws examination for each license as	35235
a condition for reinstatement.	35236

Sec. 4717.09.  (A) Every two years, licensed embalmers and	35237
funeral directors shall attend between twelve and thirty hours of	35238
educational programs as a condition for renewal of their licenses.	35239
The board of embalmers and funeral directors shall determine, by	35240
rule, the educational programs that meet the continuing education	35241
requirements and the number of hours a licensee shall attendadopt	35242
rules governing the administration and enforcement of the	35243
continuing education requirements of this section. The board may	35244
contract with a professional organization or association or other	35245
third party to assist it in performing functions necessary to	35246
administer and enforce the continuing education requirements of	35247
this section. A professional organization or association or other	35248
third party with whom the board so contracts may charge a	35249
reasonable fee for performing these functions to licensees or to	35250
the persons who provide continuing education programs.	35251

(B) A person holding both an embalmer's license and a	35252
funeral director's license need meet only the continuing education	35253
requirements established by the board for one or the other of	35254
those licenses in order to satisfy the requirement of division (A)	35255
of this section.	35256

(C) The board shall not renew the license of a licensee who	35257
fails to meet the continuing education requirements of this	35258
section and who has not been granted a waiver or exemption under	35259
division (D) of this section.	35260

(D) Any licensee who fails to meet the continuing education	35261
requirements of this section because of undue hardship or	35262
disability, or who is not actively engaged in the practice of	35263
funeral directing or embalming in this state, may apply to the	35264
board for a waiver or an exemption. The board shall determine, by	35265
rule, the procedures for applying for a waiver or an exemption	35266
from continuing education requirements under this section and	35267
under what conditions a waiver or an exemption may be granted.	35268

Sec. 4723.062.  The board of nursing may solicit and accept	35269
grants and services to develop and maintain a program that	35270
addresses patient safety and health care issues related to the	35271
supply of and demand for nurses and other health care workers. The	35272
board shall not solicit or accept a grant or service that	35273
interferes with the board's independence or objectivity.	35274

All money received by the board under this section shall be	35275
deposited into the nursing special issue fund which is hereby	35276
created in the state treasury. The board shall use money in the	35277
fund to pay the costs it incurs in implementing this section.	35278

Sec. 4723.08.  (A) The board of nursing may impose fees not	35279
to exceed the following limits:	35280

(1) For application for licensure by examination to practice	35281
nursing as a registered nurse or as a licensed practical nurse,	35282
fifty dollars;	35283

(2) For application for licensure by endorsement to practice	35284
nursing as a registered nurse or as a licensed practical nurse,	35285
fifty dollars;	35286

(3) For application for a certificate of authority to	35287
practice nursing as a certified registered nurse anesthetist,	35288
clinical nurse specialist, certified nurse-midwife, or certified	35289
nurse practitioner, one hundred dollars;	35290

(4) For application for a temporary dialysis technician	35291
certificate, the amount specified in rules adopted under section	35292
4723.79 of the Revised Code;	35293

(5) For application for a full dialysis technician	35294
certificate, the amount specified in rules adopted under section	35295
4723.79 of the Revised Code;	35296

(6) For application for a certificate to prescribe, fifty	35297
dollars;	35298

(7) For verification of a nursing license, certificate of	35299
authority, or dialysis technician certificate to another	35300
jurisdiction, fifteen dollars;	35301

(8) For providing a replacement copy of a nursing license,	35302
certificate of authority, or dialysis technician certificate,	35303
fifteen dollars;	35304

(9) For biennial renewal of a nursing license that expires	35305
on or before August 31, 2003, thirty-five dollars;	35306

(10) Except as provided in division (C) of this section, for	35307
For biennial renewal of a nursing license that expires on or after	35308
September 1, 2003, forty-five dollars;	35309

(11) For biennial renewal of a certificate of authority to	35310
practice nursing as a certified registered nurse anesthetist,	35311
clinical nurse specialist, certified nurse mid-wife, or certified	35312
nurse practitioner that expires on or before August 31, 2005, one	35313
hundred dollars;	35314

(12) For biennial renewal of a certificate of authority to	35315
practice nursing as a certified registered nurse anesthetist,	35316
clinical nurse specialist, certified nurse-midwife, or certified	35317
nurse practitioner that expires on or after September 1, 2005,	35318
eighty-five dollars;	35319

(11)(13) For renewal of a certificate to prescribe, fifty	35320
dollars;	35321

(12)(14) For biennial renewal of a dialysis technician	35322
certificate, the amount specified in rules adopted under section	35323
4723.79 of the Revised Code;	35324

(13)(15) For processing a late application for renewal of a	35325
nursing license, certificate of authority, or dialysis technician	35326
certificate, fifty dollars;	35327

(14)(16) For application for authorization to approve	35328
continuing nursing education programs and courses from an	35329
applicant accredited by a national accreditation system for	35330
nursing, five hundred dollars;	35331

(15)(17) For application for authorization to approve	35332
continuing nursing education programs and courses from an	35333
applicant not accredited by a national accreditation system for	35334
nursing, one thousand dollars;	35335

(16)(18) For each year for which authorization to approve	35336
continuing nursing education programs and courses is renewed, one	35337
hundred fifty dollars;	35338

(17)(19) For application for approval to operate a dialysis	35339
training program, the amount specified in rules adopted under	35340
section 4723.79 of the Revised Code;	35341

(18)(20) For reinstatement of a lapsed nursing license or,	35342
certificate of authority, or dialysis technician certificate, one	35343
hundred dollars;	35344

(19)(21) For written verification of a nursing license,	35345
certificate of authority, or dialysis technician certificate,	35346
other than verification to another jurisdiction, five dollars. The	35347
board may contract for services pertaining to this verification	35348
process and the collection of the fee, and may permit the	35349
contractor to retain a portion of the fees as compensation, before	35350
any amounts are deposited into the state treasury.	35351

(22) For processing a check returned to the board by a	35352
financial institution as noncollectible, twenty-five dollars.	35353

(B) Each quarter, for purposes of transferring funds under	35354
section 4743.05 of the Revised Code to the nurse education	35355
assistance fund created in section 3333.28 of the Revised Code,	35356
the board of nursing shall certify to the director of budget and	35357
management the number of biennial licenses renewed under this	35358
chapter during the preceding quarter and the amount equal to that	35359
number times five dollars.	35360

(C) The fee for biennial renewal of a certificate of	35361
authority to practice nursing as a certified nurse-midwife,	35362
certified registered nurse anesthetist, certified nurse	35363
practitioner, or clinical nurse specialist that expires on or	35364
before August 31, 2005, is one hundred dollars.	35365

Sec. 4723.32.  This chapter does not prohibit any of the	35366
following:	35367

(A) The practice of nursing by a student currently enrolled	35368
in and actively pursuing completion of a prelicensure nursing	35369
education program approved by the board of nursing, if the	35370
student's practice is under the auspices of the program and the	35371
student acts under the supervision of a registered nurse serving	35372
for the program as a faculty member, teaching assistant, or	35373
preceptor;	35374

(B) The rendering of medical assistance to a licensed	35375
physician, licensed dentist, or licensed podiatrist by a person	35376
under the direction, supervision, and control of such licensed	35377
physician, dentist, or podiatrist;	35378

(C) The activities of persons employed as nursing aides,	35379
attendants, orderlies, or other auxiliary workers in patient	35380
homes, nurseries, nursing homes, hospitals, home health agencies,	35381
or other similar institutions;	35382

(D) The provision of nursing services to family members or	35384
in emergency situations;	35385

(E) The care of the sick when done in connection with the	35386
practice of religious tenets of any church and by or for its	35387
members;	35388

(F) The practice of nursing as a certified registered nurse	35389
anesthetist, clinical nurse specialist, certified nurse-midwife,	35390
or certified nurse practitioner by a student currently enrolled	35391
in and actively pursuing completion of a program of study leading	35392
to initial authorization by the board to practice nursing in the	35393
specialty, if both of the following are the case:	35394

(1) The program qualifies the student to sit for the	35395
examination of a national certifying organization listed in	35396
division (A)(3) of section 4723.41 of the Revised Code or approved	35397
by the board under section 4723.46 of the Revised Code, or the	35398
program prepares the student to receive a master's degree in	35399
accordance with division (A)(2) of section 4723.41 of the Revised	35400
Code;	35401

(2) The student's practice is under the auspices of the	35402
program and the student acts under the supervision of a registered	35403
nurse serving for the program as a faculty member, teaching	35404
assistant, or preceptor.	35405

(G) The activities of an individual who currently holds a	35406
license to practice nursing in another jurisdiction, if the	35407
individual's license has not been revoked, the individual is not	35408
currently under suspension or on probation, the individual does	35409
not represent the individual as being licensed under this chapter,	35410
and one of the following is the case:	35411

(1) The individual is engaging in the practice of nursing by	35412
discharging official duties while employed by or under contract	35413
with the United States government or any agency thereof;	35414

(2) The individual is engaging in the practice of nursing as	35415
an employee of an individual, agency, or corporation located in	35416
the other jurisdiction in a position with employment	35417
responsibilities that include transporting patients into, out of,	35418
or through this state, as long as each trip in this state does not	35419
exceed seventy-two hours;	35420

(3) The individual is consulting with an individual licensed	35421
in this state to practice any health-related profession;	35422

(4) The individual is engaging in activities associated with	35423
teaching in this state as a guest lecturer at or for a nursing	35424
education program, continuing nursing education program, or	35425
in-service presentation;	35426

(5) The individual is conducting evaluations of nursing care	35427
that are undertaken on behalf of an accrediting organization,	35428
including the national league for nursing accrediting committee,	35429
the joint commission on accreditation of healthcare organizations,	35430
or any other nationally recognized accrediting organization;	35431

(6) The individual is providing nursing care to an	35432
individual who is in this state on a temporary basis, not to	35433
exceed six months in any one calendar year, if the nurse is	35434
directly employed by or under contract with the individual or a	35435
guardian or other person acting on the individual's behalf;	35436

(7) The individual is providing nursing care during any	35437
disaster, natural or otherwise, that has been officially declared	35438
to be a disaster by a public announcement issued by an appropriate	35439
federal, state, county, or municipal official.	35440

Sec. 4723.79.  The board of nursing shall adopt rules to	35441
administer and enforce sections 4723.71 to 4723.79 of the Revised	35442
Code. The board shall adopt the rules in accordance with Chapter	35443
119. of the Revised Code. The rules shall establish or specify	35444
all of the following:	35445

(A) The application process, fee, and requirements for	35446
approval, reapproval, and withdrawing the approval of a dialysis	35447
training program under section 4723.74 of the Revised Code. The	35448
requirements shall include standards that must be satisfied	35449
regarding curriculum, length of training, and instructions in	35450
patient care.	35451

(B) The application process, fee, and requirements for	35452
issuance of a certificate under section 4723.75 of the Revised	35453
Code, except that the amount of the fee shall be no greater than	35454
the fee charged under division (A)(1) of section 4723.08 of the	35455
Revised Code;	35456

(C) The application process, fee, and requirements for	35457
issuance of a temporary certificate under section 4723.76 of the	35458
Revised Code;	35459

(D) The process for approval of testing organizations under	35460
section 4723.751 of the Revised Code;	35461

(E) Subjects to be included in a certification examination	35462
provided for in division (B)(1) of section 4723.75 of the Revised	35463
Code;	35464

(F) The schedule, fees, and continuing education	35465
requirements for renewal of a certificate under section 4723.77 of	35466
the Revised Code, except that the fee for the renewal of a	35467
certificate shall be no greater than the fee charged under	35468
division (A)(9) of section 4723.08 of the Revised Code or,	35469
effective September 1, 2003, division (A)(10) of that section;	35470

(G) Standards and procedures for establishing and	35471
maintaining the dialysis registry required by section 4723.78 of	35472
the Revised Code, including standards and procedures that persons	35473
must follow in providing the information to be included in the	35474
registry;	35475

(H) Standards for the administration of medication by	35476
dialysis technicians under section 4723.72 of the Revised Code;	35477

(I) The information a dialysis provider is to provide to the	35478
board when attesting to a person's competence to perform dialysis;	35479

(J) Standards and procedures for the supervision of dialysis	35480
technicians who provide dialysis care in a patient's home,	35481
including monthly home visits by a registered nurse to monitor the	35482
quality of the dialysis care;	35483

(K) Any other procedures or requirements necessary for the	35484
administration and enforcement of sections 4723.71 to 4723.79 of	35485
the Revised Code.	35486

Sec. 4725.44.  (A) The Ohio optical dispensers board shall	35487
be responsible for the administration of sections 4725.40 to	35488
4725.59 of the Revised Code and, in particular, shall process	35489
applications for licensure as licensed dispensing opticians;	35490
schedule, administer, and supervise the qualifying examinations	35491
for licensure or contract with a testing service to schedule,	35492
administer, and supervise the qualifying examination for	35493
licensure; issue licenses to qualified individuals; revoke and	35494
suspend licenses; and maintain adequate records with respect to	35495
its operations and responsibilities.	35496

(B) The board shall adopt, amend, or rescind rules, pursuant	35497
to Chapter 119. of the Revised Code, for the licensure of	35498
dispensing opticians, and such other rules as are required by or	35499
necessary to carry out the responsibilities imposed by sections	35500
4725.40 to 4725.59 of the Revised Code.	35501

(C) The board shall have no authority to adopt rules	35502
governing the employment of dispensing opticians, the location or	35503
number of optical stores, advertising of optical products or	35504
services, or the manner in which such products can be displayed.	35505

Sec. 4725.48.  (A) Any person who desires to engage in	35506
optical dispensing, except as provided in section 4725.47 of the	35507
Revised Code, shall file a properly completed written application	35508
for an examination with the Ohio optical dispensers board or with	35509
the testing service the board has contracted with pursuant to	35510
section 4725.49 of the Revised Code. The application for	35511
examination shall be made on a form provided by the board or	35512
testing service and shall be accompanied by an examination fee the	35513
board shall establish by rule. Applicants must return the	35514
application to the board or testing service at least sixty days	35515
prior to the date the examination is scheduled to be administered.	35516

(B) Except as provided in section 4725.47 of the Revised	35517
Code, any person who desires to engage in optical dispensing shall	35518
file a properly completed written application for a license with	35519
the board with the appropriate license fee as set forth under	35520
section 4725.50 of the Revised Code.	35521

No person shall be eligible to take any examinationapply for	35522
a license under this division, unless hethe person is at least	35523
eighteen years of age, is of good moral character, is free of	35524
contagious or infectious disease, andhas received a passing	35525
score, as determined by the board, on the examination administered	35526
under division (A) of this section, is a graduate of an accredited	35527
high school of any state, or has received an equivalent education	35528
equivalent thereto.	35529

(B) Except as provided in division (C) of this section, each	35530
person who desires to dispense optical aids shall be eligible to	35531
take the qualifying examination for such practice, if, in addition	35532
to satisfying the criteria of division (A) of this section, heand	35533
has successfully completed either of the following:	35534

(1) Two years of supervised experience under a licensed	35535
dispensing optician, optometrist, or physician engaged in the	35536
practice of ophthalmology, up to one year of which may be	35537
continuous experience of not less than thirty hours a week in an	35538
optical laboratory;	35539

(2) A two-year college level program in optical dispensing	35540
that has been approved by the board and that includes, but is not	35541
limited to, courses of study in mathematics, science, English,	35542
anatomy and physiology of the eye, applied optics, ophthalmic	35543
optics, measurement and inspection of lenses, lens grinding and	35544
edging, ophthalmic lens design, keratometry, and the fitting and	35545
adjusting of spectacle lenses and frames and contact lenses,	35546
including methods of fitting contact lenses and post-fitting care.	35547

(C) A registered apprentice or a student in an approved	35548
college level program in optical dispensing may take the	35549
qualifying examination after completion of one year of the	35550
apprenticeship or program but shall not be eligible for licensure	35551
until he has completed the second year of the apprenticeship or	35552
program.	35553

(D) Any person who desires to obtain a license to practice	35554
as an ocularist shall file a properly completed written	35555
application with the board accompanied by the appropriate fee and	35556
proof that the applicant has met the requirements for licensure.	35557
The board shall establish, by rule, the application fee and the	35558
minimum requirements for licensure, including education,	35559
examination, or experience standards recognized by the board as	35560
national standards for ocularists. The board shall issue a	35561
license to practice as an ocularist to an applicant who satisfies	35562
the requirements of this division and rules adopted pursuant to	35563
this division.	35564

Sec. 4725.49.  (A) The Ohio optical dispensers board shall	35565
examine each applicant eligible for examination under section	35566
4725.48 of the Revised Code. The board may provide for the	35567
examination of applicants by designing, preparing, and	35568
administering the qualifying examinations or by contracting with a	35569
testing service that is nationally recognized as being capable of	35570
determining competence to dispense optical aids as a licensed	35571
spectacle dispensing optician, a licensed contact lens dispensing	35572
optician, or a licensed spectacle-contact lens dispensing	35573
optician. Any examination used shall be designed to measure	35574
specific performance requirements, be professionally constructed	35575
and validated, and be independently and objectively administered	35576
and scored in order to determine the applicant's competence to	35577
dispense optical aids.	35578

(B) The board shall ensure that it, or the testing service	35579
it contracts with, does all of the following:	35580

(1) Provides public notice as to the date, time, and place	35581
for each examination at least ninety days prior to the	35582
examination;	35583

(2) Offers each qualifying examination at least twice each	35584
year in Columbus, except as provided in division (C) of this	35585
section;	35586

(3) Provides to each applicant all forms necessary to apply	35587
for examination;	35588

(4) Provides all materials and equipment necessary for the	35589
applicant to take the examination.	35590

(C) If the number of applicants for any qualifying	35591
examination is less than ten, the examination may be postponed.	35592
The board or testing service shall provide the applicant with	35593
written notification of the postponement and of the next date the	35594
examination is scheduled to be administered.	35595

(D) No limitation shall be placed upon the number of times	35596
that an applicant may repeat any qualifying examination, except	35597
that, if an applicant fails an examination for a third time, the	35598
board may require that the applicant, prior to retaking the	35599
examination, undergo additional study in the areas of the	35600
examination in which hethe applicant experienced difficulty.	35601

Sec. 4731.14.  (A) As used in this section, "graduate	35602
medical education" has the same meaning as in section 4731.091 of	35603
the Revised Code.	35604

(B) The state medical board shall issue its certificate to	35605
practice medicine and surgery or osteopathic medicine and surgery	35606
as follows:	35607

(1) The board shall issue its certificate to each individual	35608
who was admitted to the board's examination by meeting the	35609
educational requirements specified in division (B)(1) or (3) of	35610
section 4731.091 of the Revised Code if the individual passes the	35611
examination, pays a certificate issuance fee of three hundred	35612
dollars, and submits evidence satisfactory to the board that the	35613
individual has successfully completed not less than twelve months	35614
of graduate medical education or its equivalent as determined by	35615
the board.	35616

(2) Except as provided in section 4731.142 of the Revised	35617
Code, the board shall issue its certificate to each individual who	35618
was admitted to the board's examination by meeting the educational	35619
requirements specified in division (B)(2) of section 4731.091 of	35620
the Revised Code if the individual passes the examination, pays a	35621
certificate issuance fee of three hundred dollars, submits	35622
evidence satisfactory to the board that the individual has	35623
successfully completed not less than twenty-four months of	35624
graduate medical education through the second-year level of	35625
graduate medical education or its equivalent as determined by the	35626
board, and, if the individual passed the examination prior to	35627
completing twenty-four months of graduate medical education or its	35628
equivalent, the individual continues to meet the moral character	35629
requirements for admission to the board's examination.	35630

(C) Each certificate issued by the board shall be signed by	35631
its president and secretary, and attested by its seal. The	35632
certificate shall be on a form prescribed by the board and shall	35633
indicate the medical degree held by the individual to whom the	35634
certificate is issued. If the individual holds the degree of	35635
doctor of medicine, the certificate shall state that the	35636
individual is authorized to practice medicine and surgery pursuant	35637
to the laws of this state. If the individual holds the degree of	35638
doctor of osteopathic medicine, the certificate shall state that	35639
the individual is authorized to practice osteopathic medicine and	35640
surgery pursuant to the laws of this state. If the individual	35641
holds a medical degree other than the degree of doctor of medicine	35642
or doctor of osteopathic medicine, the certificate shall indicate	35643
the diploma, degree, or other document issued by the medical	35644
school or institution the individual attended and shall state that	35645
the individual is authorized to practice medicine and surgery	35646
pursuant to the laws of this state.	35647

(D) The certificate shall be prominently displayed in the	35648
certificate holder's office or place where a major portion of the	35649
certificate holder's practice is conducted and shall entitle the	35650
holder to practice either medicine and surgery or osteopathic	35651
medicine and surgery provided the certificate holder maintains	35652
current registration as required by section 4731.281 of the	35653
Revised Code and provided further that such certificate has not	35654
been revoked, suspended, or limited by action of the state medical	35655
board pursuant to this chapter.	35656

(E) An affirmative vote of not less than six members of the	35657
board is required for the issuance of a certificate.	35658

(F) If an individual receives an initial or renewed training	35659
certificate under section 4731.291 of the Revised Code and not	35660
later than four months thereafter applies for a certificate under	35661
this section, the fee required by division (B)(1) of this section	35662
shall be reduced by the amount of the fee paid for the training	35663
certificate.	35664

Sec. 4731.281.  (A) On or before the deadline established	35666
under division (B) of this section for applying for renewal of a	35667
certificate of registration, each person holding a certificate	35668
under this chapter to practice medicine and surgery, osteopathic	35669
medicine and surgery, or podiatric medicine and surgery shall	35670
certify to the state medical board that in the preceding two years	35671
the person has completed one hundred hours of continuing medical	35672
education. The certification shall be made upon the application	35673
for biennial registration submitted pursuant to division (B) of	35674
this section. The board shall adopt rules providing for pro rata	35675
reductions by month of the number of hours of continuing education	35676
required for persons who are in their first registration period,	35677
who have a registration period of less than two years due to	35678
initial implementation of the staggered renewal schedule	35679
established under division (B) of this section, who have been	35680
disabled due to illness or accident, or who have been absent from	35681
the country.	35682

In determining whether a course, program, or activity	35683
qualifies for credit as continuing medical education, the board	35684
shall approve all continuing medical education taken by persons	35685
holding a certificate to practice medicine and surgery that is	35686
certified by the Ohio state medical association, all continuing	35687
medical education taken by persons holding a certificate to	35688
practice osteopathic medicine and surgery that is certified by the	35689
Ohio osteopathic association, and all continuing medical education	35690
taken by persons holding a certificate to practice podiatry that	35691
is certified by the Ohio podiatric medical association. Each	35692
person holding a certificate to practice under this chapter shall	35693
be given sufficient choice of continuing education programs to	35694
ensure that the person has had a reasonable opportunity to	35695
participate in continuing education programs that are relevant to	35696
the person's medical practice in terms of subject matter and	35697
level.	35698

The board may require a random sample of persons holding a	35699
certificate to practice under this chapter to submit materials	35700
documenting completion of the continuing medical education	35701
requirement during the preceding registration period, but this	35702
provision shall not limit the board's authority to investigate	35703
pursuant to section 4731.22 of the Revised Code.	35704

(B)(1) Every person holding a certificate under this chapter	35705
to practice medicine and surgery, osteopathic medicine and	35706
surgery, or podiatric medicine and surgery wishing to renew that	35707
certificate shall apply to the board for a certificate of	35708
registration upon an application furnished by the board, and pay	35709
to the board at the time of application a fee of three hundred	35710
five dollars, according to the following schedule:	35711

(a) Persons whose last name begins with the letters "A"	35712
through "B," on or before April 1, 2001, and the first day of	35713
April of every odd-numbered year thereafter;	35714

(b) Persons whose last name begins with the letters "C"	35715
through "D," on or before January 1, 2001, and the first day of	35716
January of every odd-numbered year thereafter;	35717

(c) Persons whose last name begins with the letters "E"	35718
through "G," on or before October 1, 2000, and the first day of	35719
October of every even-numbered year thereafter;	35720

(d) Persons whose last name begins with the letters "H"	35721
through "K," on or before July 1, 2000, and the first day of July	35722
of every even-numbered year thereafter;	35723

(e) Persons whose last name begins with the letters "L"	35724
through "M," on or before April 1, 2000, and the first day of	35725
April of every even-numbered year thereafter;	35726

(f) Persons whose last name begins with the letters "N"	35727
through "R," on or before January 1, 2000, and the first day of	35728
January of every even-numbered year thereafter;	35729

(g) Persons whose last name begins with the letters "S," on	35730
or before October 1, 1999, and the first day of October of every	35731
odd-numbered year thereafter;	35732

(h) Persons whose last name begins with the letters "T"	35733
through "Z," on or before July 1, 1999, and the first day of July	35734
of every odd-numbered year thereafter.	35735

The board shall deposit the fee in accordance with section	35736
4731.24 of the Revised Code, except that, until July 30, 2001, the	35737
board shall deposit twenty dollars of the fee into the state	35738
treasury to the credit of the physician loan repayment fund	35739
created by section 3702.78 of the Revised Code.	35740

(2) The board shall mail or cause to be mailed to every	35741
person registered to practice medicine and surgery, osteopathic	35742
medicine and surgery, or podiatric medicine and surgery, an	35743
application for registration addressed to the person's last known	35744
post-office address or may cause the application to be sent to the	35745
person through the secretary of any recognized medical,	35746
osteopathic, or podiatric society, according to the following	35747
schedule:	35748

(a) To persons whose last name begins with the letters "A"	35749
through "B," on or before January 1, 2001, and the first day of	35750
January of every odd-numbered year thereafter;	35751

(b) To persons whose last name begins with the letters "C"	35752
through "D," on or before October 1, 2000, and the first day of	35753
October of every even-numbered year thereafter;	35754

(c) To persons whose last name begins with the letters "E"	35755
through "G," on or before July 1, 2000, and the first day of July	35756
of every even-numbered year thereafter;	35757

(d) To persons whose last name begins with the letters "H"	35758
through "K," on or before April 1, 2000, and the first day of	35759
April of every even-numbered year thereafter;	35760

(e) To persons whose last name begins with the letters "L"	35761
through "M," on or before January 1, 2000, and the first day of	35762
January of every even-numbered year thereafter;	35763

(f) To persons whose last name begins with the letters "N"	35764
through "R," on or before October 1, 1999, and the first day of	35765
October of every odd-numbered year thereafter;	35766

(g) To persons whose last name begins with the letters "S,"	35767
on or before July 1, 1999, and the first day of July of every	35768
odd-numbered year thereafter;	35769

(h) To persons whose last name begins with the letters "T"	35770
through "Z," on or before April 1, 1999, and the first day of	35771
April of every odd-numbered year thereafter;	35772

Failure of any person to receive an application from the	35773
board shall not excuse the person from the requirements contained	35774
in this section. The application shall contain proper spaces for	35775
the applicant's signature and the insertion of the required	35776
information, including a statement that the person has fulfilled	35777
the continuing education requirements imposed by this section.	35778

The applicant shall write or cause to be written upon the	35779
application so furnished the applicant's full name, principal	35780
practice address and residence address, the number of the	35781
applicant's certificate to practice, and any other facts for the	35782
identification of the applicant as a person holding a certificate	35783
to practice under this chapter as the board considers necessary.	35784
The applicant shall include with the application a list of the	35785
names and addresses of any clinical nurse specialists, certified	35786
nurse-midwives, or certified nurse practitioners with whom the	35787
applicant is currently collaborating, as defined in section	35788
4723.01 of the Revised Code. The applicant shall execute and	35789
deliver the application to the board by mail or in person. Every	35790
person registered under this section shall give written notice to	35791
the board of any change of principal practice address or residence	35792
address or in the list within thirty days of the change.	35793

The applicant shall report any criminal offense that	35794
constitutes grounds for refusal of registration under section	35795
4731.22 of the Revised Code to which the applicant has pleaded	35796
guilty, of which the applicant has been found guilty, or for which	35797
the applicant has been found eligible for intervention in lieu of	35798
conviction, since last signing an application for a certificate of	35799
registration.	35800

(C) The board shall issue to any person holding a	35801
certificate under this chapter to practice medicine and surgery,	35802
osteopathic medicine and surgery, or podiatric medicine and	35803
surgery, upon application and qualification therefor in accordance	35804
with this section, a certificate of registration under the seal of	35805
the board. A certificate of registration shall be valid for a	35806
two-year period, commencing on the first day of the third month	35807
after the registration fee is due and expiring on the last day of	35808
the month two years thereafter.	35809

The board shall publish and cause to be mailed to each person	35810
registered under this section, upon request, a printed list of the	35811
persons so registered.	35812

(D) Failure of any certificate holder to register and comply	35813
with this section shall operate automatically to suspend the	35814
holder's certificate to practice. Continued practice after the	35815
suspension of the certificate to practice shall be considered as	35816
practicing in violation of section 4731.41, 4731.43, or 4731.60 of	35817
the Revised Code. If the certificate has been suspended	35818
pursuant to this division for two years or less, it may be	35819
reinstated. The board shall reinstate a certificate to practice	35820
for failure to register upon an applicant's submission of the	35821
biennial registration fee, the applicable monetary penalty, and	35822
certification by signature of the applicant that the applicant has	35823
completed the requisite continuing medical education. The penalty	35824
for reinstatement shall be fifty dollars. If the certificate has	35825
been suspended pursuant to this division for more than two years,	35826
it may be restored. In accordance with section 4731.222 of the	35827
Revised Code, the board may restore a certificate to practice for	35828
failure to register upon an applicant's submission of a	35829
restoration application, the biennial registration fee, and the	35830
applicable monetary penalty. The penalty for restoration shall be	35831
one hundred dollars. The board shall deposit the penalties in	35832
accordance with section 4731.24 of the Revised Code.	35833

(E) If an individual certifies completion of the number of	35834
hours and type of continuing medical education required to receive	35835
a certificate of registration or reinstatement of a certificate to	35836
practice, and the board finds through the random samples it	35837
conducts under this section or through any other means that the	35838
individual did not complete the requisite continuing medical	35839
education, the board may impose a civil penalty of not more than	35840
five thousand dollars. The board's finding shall be made pursuant	35841
to an adjudication under Chapter 119. of the Revised Code and by	35842
an affirmative vote of not fewer than six members.	35843

A civil penalty imposed under this division may be in	35844
addition to or in lieu of any other action the board may take	35845
under section 4731.22 of the Revised Code. The board shall	35846
deposit civil penalties in accordance with section 4731.24 of the	35847
Revised Code.	35848

(F) The state medical board may obtain information not	35849
protected by statutory or common law privilege from courts and	35850
other sources concerning malpractice claims against any person	35851
holding a certificate to practice under this chapter or practicing	35852
as provided in section 4731.36 of the Revised Code.	35853

Sec. 4731.53.  At the time an applicant files an application,	35854
the applicant shall file with the secretary of the state medical	35855
board evidence of preliminary education showing that the applicant	35856
has satisfactorily completed at least two years of collegiate work	35857
in an approved college of arts and sciences in addition to high	35858
school graduation. When the entrance examiner finds the	35859
preliminary education of the applicant sufficient, the entrance	35860
examiner shall issue a certificate of preliminary examination upon	35861
the payment to the treasurer of the board of a fee of thirty-five	35862
dollars. Such certificate shall be attested by the secretary.	35863

The applicant shall also present a diploma from a college of	35864
podiatric medicine and surgery in good standing as defined by the	35865
board at the time the diploma was issued. The applicant shall	35866
present an affidavit that the applicant is the person named in the	35867
diploma and is the lawful possessor thereof stating the	35868
applicant's age, residence, the school at which the applicant	35869
obtained education in podiatric medicine and surgery, the time	35870
spent in the study of podiatric medicine and surgery, and such	35871
other facts as the board may require.	35872

The applicant shall also present proof of completion of one	35873
year of postgraduate training in a podiatric internship,	35874
residency, or clinical fellowship program accredited by the	35875
council on podiatric medical education or the American podiatric	35876
medical association.	35877

Sec. 4731.573.  (A) An individual seeking to pursue an	35878
internship, residency, or clinical fellowship program in podiatric	35879
medicine and surgery in this state, who does not hold a	35880
certificate to practice podiatric medicine and surgery issued	35881
under this chapter, shall apply to the state medical board for a	35882
training certificate. The application shall be made on forms that	35883
the board shall furnish and shall be accompanied by an application	35884
fee of seventy-five dollars.	35885

An applicant for a training certificate shall furnish to the	35886
board all of the following:	35887

(1) Evidence satisfactory to the board that the applicant is	35888
at least eighteen years of age and is of good moral character;	35889

(2) Evidence satisfactory to the board that the applicant	35890
has been accepted or appointed to participate in this state in one	35891
of the following:	35892

(a) An internship or residency program accredited by either	35893
the council on podiatric medical education or the American	35894
podiatric medical association;	35895

(b) A clinical fellowship program at an institution with a	35896
residency program accredited by either the council on podiatric	35897
medical education or the American podiatric medical association	35898
that is in a clinical field the same as or related to the clinical	35899
field of the fellowship program.	35900

(3) Information identifying the beginning and ending dates	35901
of the period for which the applicant has been accepted or	35902
appointed to participate in the internship, residency, or clinical	35903
fellowship program;	35904

(4) Any other information that the board requires.

35905

(B) If no grounds for denying a certificate under section	35906
4731.22 of the Revised Code apply and the applicant meets the	35907
requirements of division (A) of this section, the board shall	35908
issue a training certificate to the applicant. The board shall	35909
not require an examination as a condition of receiving a training	35910
certificate.	35911

A training certificate issued pursuant to this section shall	35912
be valid only for the period of one year, but may in the	35913
discretion of the board and upon application duly made, be renewed	35914
annually for a maximum of five years. The fee for renewal of a	35915
training certificate shall be thirty-five dollars.	35916

The board shall maintain a register of all individuals who	35917
hold training certificates.	35918

(C) The holder of a valid training certificate shall be	35919
entitled to perform such acts as may be prescribed by or	35920
incidental to the holder's internship, residency, or clinical	35921
fellowship program, but the holder shall not be entitled otherwise	35922
to engage in the practice of podiatric medicine and surgery in	35923
this state. The holder shall limit activities under the	35924
certificate to the programs of the hospitals or facilities for	35925
which the training certificate is issued. The holder shall train	35926
only under the supervision of the podiatrists responsible for	35927
supervision as part of the internship, residency, or clinical	35928
fellowship program. A training certificate may be revoked by the	35929
board upon proof, satisfactory to the board, that the holder	35930
thereof has engaged in practice in this state outside the scope of	35931
the internship, residency, or clinical fellowship program for	35932
which the training certificate has been issued, or upon proof,	35933
satisfactory to the board, that the holder thereof has engaged in	35934
unethical conduct or that there are grounds for action against the	35935
holder under section 4731.22 of the Revised Code.	35936

(D) The board may adopt rules as the board finds necessary	35937
to effect the purpose of this section.	35938

Sec. 4734.20.  (A) Except for persons seeking to practice	35940
chiropractic under a special limited license issued pursuant to	35941
section 4734.27 of the Revised Code, each person seeking to	35942
practice chiropractic in this state shall apply in writing to	35943
the state chiropractic board for a license to practice	35944
chiropractic. The application shall be made under oath, on a form	35945
prescribed by the board, and shall be accompanied by a fee of two	35946
hundred fifty dollars.	35947

(B) Except as provided in sections 4734.23 and 4734.24 of	35948
the Revised Code, to receive a chiropractic license, an applicant	35949
must meet the following conditions:	35950

(1) The applicant must be at least twenty-one years of age,	35951
be of good moral character, and possess a high school education	35952
or its equivalent.	35953

(2) The applicant must have successfully completed, prior to	35954
matriculation at a school or college of chiropractic, at least two	35955
years of college credit in the arts and sciences at a college or	35956
university accredited by a state or regional accrediting	35957
organization recognized by the board, except that the board may	35958
adopt rules in accordance with Chapter 119. of the Revised Code	35959
that require completion of additional years of college credit or	35960
receipt of a college degree in an area specified in the rules.	35961

(3) The applicant must be a graduate of and hold the	35962
degree of doctor of chiropractic from a school or college of	35963
chiropractic approved by the board under section 4734.21 of the	35964
Revised Code.	35965

(4) The applicant must have received one of the following	35966
from the national board of chiropractic examiners, as appropriate	35967
according to the date of the applicant's graduation from a school	35968
or college of chiropractic:	35969

(a) If the applicant graduated on or after January 1, 1970,	35970
but before January 1, 1989, a "diplomate certificate" or	35971
"certificate of attainment" evidencing passage of parts I and II	35972
and the physiotherapy section of the national board's	35973
examinations;	35974

(b) If the applicant graduated on or after January 1, 1989,	35975
but before January 1, 20002002, a "certificate of attainment"	35976
evidencing passage of parts I, II, and III and the physiotherapy	35977
section of the national board's examinations;	35978

(c) If the applicant graduated on or after January 1, 2000	35979
2002, a "certificate of attainment" evidencing passage of parts I,	35980
II, III, and IV and the physiotherapy section of the national	35981
board's examinations.	35982

(5) The applicant must have passed the board's jurisprudence	35983
examination conducted under section 4734.22 of the Revised Code.	35984

(C) The board shall issue a license to practice chiropractic	35985
to each applicant who files a complete application, pays all	35986
applicable fees, and meets the conditions specified in division	35987
(B) of this section. The burden of proof is on the applicant, to	35988
prove by clear and convincing evidence to the board, that the	35989
applicant meets the conditions for receipt of the license.	35990

The board may conduct any investigation it considers	35991
appropriate to verify an applicant's credentials, moral character,	35992
and fitness to receive a license. In conducting an investigation,	35993
the board may request information from the records maintained by	35994
the federal bureau of investigation, the bureau of criminal	35995
identification and investigation, and any other repositories of	35996
criminal records held in this or another state. The board may	35997
charge the applicant a fee for conducting the investigation. The	35998
amount of the fee shall not exceed the expenses the board incurs	35999
in conducting the investigation and may include any fees that must	36000
be paid to obtain information in the criminal record.	36001

Sec. 4736.12.  (A) The state board of sanitarian	36002
registration shall charge the following fees:	36003

(1) To apply as a sanitarian-in-training, fifty-five	36004
fifty-seven dollars;	36005

(2) For sanitarians-in-training to apply for registration as	36006
sanitarians, fifty-fivefifty-seven dollars. The applicant shall	36007
pay this fee only once regardless of the number of times the	36008
applicant takes an examination required under section 4736.08 of	36009
the Revised Code.	36010

(3) For persons other than sanitarians-in-training to apply	36011
for registration as sanitarians, including persons meeting the	36012
requirements of section 4736.16 of the Revised Code, one hundred	36013
tenfourteen dollars. The applicant shall pay this fee only once	36014
regardless of the number of times the applicant takes an	36015
examination required under section 4736.08 of the Revised Code.	36016

(4) The renewal fee for registered sanitarians shall be	36017
fixed by the board and shall not exceed fifty-eightsixty-one	36018
dollars.	36019

(5) The renewal fee for sanitarians-in-training shall be	36020
fixed by the board and shall not exceed fifty-eightsixty-one	36021
dollars.	36022

(6) For late application for renewal, twenty-five dollars.

36023

The board of sanitarian registration, with the approval of	36024
the controlling board, may establish fees in excess of the amounts	36025
provided in this section, provided that such fees do not exceed	36026
the amounts permitted by this section by more than fifty per cent.	36027

(B) The board of sanitarian registration shall charge	36028
separate fees for examinations as required by section 4736.08 of	36029
the Revised Code, provided that the fees are not in excess of the	36030
actual cost to the board of conducting the examinations.	36031

(C) The board of sanitarian registration may adopt rules	36032
establishing fees for all of the following:	36033

(1) Application for the registration of a training agency	36034
approved under rules adopted by the board pursuant to section	36035
4736.11 of the Revised Code and for the annual registration	36036
renewal of an approved training agency.	36037

(2) Application for the review of continuing education hours	36038
submitted for the board's approval by approved training agencies	36039
or by registered sanitarians or sanitarians-in-training.	36040

Sec. 4736.14.  The state board of sanitarian registration	36041
may, upon application and proof of valid registration, issue a	36042
certificate of registration to any resident of this stateperson	36043
who is or has been registered as a sanitarian by any other state,	36044
if the requirements of that state at the time of such registration	36045
are determined by the board to be at least equivalent to the	36046
requirements of this chapter.	36047

Sec. 4743.05.  Except as otherwise provided in sections	36048
4701.20, and 4729.65 of the Revised Code, all money collected	36049
under Chapters 3773., 4701., 4703., 4709., 4713., 4715., 4717.,	36050
4723., 4725., 4729., 4732., 4733., 4734., 4736., 4741., 4753.,	36051
4755., 4757., 4759., and 4761. of the Revised Code, and until	36052
December 31, 2004, money collected under Chapter 4779. of the	36053
Revised Code, shall be paid into the state treasury to the credit	36054
of the occupational licensing and regulatory fund, which is hereby	36055
created for use in administering such chapters. Money deposited to	36056
the credit of the fund under section 4731.24 of the Revised Code	36057
shall be used until July 1, 1998, for administering Chapters 4730.	36058
and 4731. of the Revised Code.	36059

At the end of each quarter, the director of budget and	36060
management shall transfer from the occupational licensing and	36061
regulatory fund to the nurse education assistance fund created in	36062
section 3333.28 of the Revised Code the amount certified to the	36063
director under division (B) of section 4723.08 of the Revised	36064
Code.	36065

At the end of the first quarter of 1995 and at the end of	36066
each quarter thereafter, the director shall transfer from the	36067
occupational licensing and regulatory fund to the certified public	36068
accountant education assistance fund created in section 4701.26 of	36069
the Revised Code the amount certified to the director under	36070
division (D)(H)(2) of section 4701.10 of the Revised Code.	36071

Sec. 4755.01.  As used in sections 4755.01 to 4755.12 and	36072
section 4755.99 of the Revised Code:	36073

(A) "Occupational therapy" means the evaluation of learning	36074
and performance skills and the analysis, selection, and adaptation	36075
of activities for an individual whose abilities to cope with daily	36076
living, perform tasks normally performed at histhe individual's	36077
stage of development, and perform vocational tasks are threatened	36078
or impaired by developmental deficiencies, the aging process,	36079
environmental deprivation, or physical, psychological, or social	36080
injury or illness, through specific techniques which include:	36081

(1) Planning and implementing activities and programs to	36082
improve sensory and motor functioning at the level of performance	36083
normal for the individual's stage of development;	36084

(2) Teaching skills, behaviors, and attitudes crucial to the	36085
individual's independent, productive, and satisfying social	36086
functioning;	36087

(3) Designing, fabricating, applying, recommending, and	36088
instructing in the use of selected orthotic or prosthetic devices	36089
and other equipment which assists the individual to adapt to his	36090
the individual's potential or actual impairment;	36091

(4) Analyzing, selecting, and adapting activities to	36092
maintain the individual's optimal performance of tasks and to	36093
prevent further disability;	36094

(5) Administration of topical drugs that have been prescribed	36095
by a licensed health professional authorized to prescribe drugs,	36096
as defined in section 4729.01 of the Revised Code.	36097

(B) "Occupational therapist" means a person who is licensed	36098
to practice occupational therapy and who offers such services to	36099
the public under any title incorporating the words "occupational	36100
therapy," "occupational therapist," or any similar title or	36101
description of services.	36102

(C) "Occupational therapy assistant" means a person licensed	36103
to apply the more standard occupational therapy techniques under	36104
the general supervision of an occupational therapist.	36105

Sec. 4761.05.  (A) The Ohio respiratory care board shall	36106
issue a license to any applicant who complies with the	36107
requirements of section 4761.04 of the Revised Code, files the	36108
prescribed application form, and pays the fee or fees required	36109
under section 4761.07 of the Revised Code. The license entitles	36110
the holder to practice respiratory care. The licensee shall	36111
display the license in a conspicuous place at the licensee's	36112
principal place of business.	36113

(B)(1) The board shall issue a limited permit to any	36114
applicant who meets the requirements of division (A)(1) of section	36115
4761.04 of the Revised Code, files the prescribed application	36116
form, pays the fee required under section 4761.07 of the Revised	36117
Code, and meets either of the following requirements:	36118

(a) Is enrolled in and is in good standing in a respiratory	36119
care educational program approved by the board that meets the	36120
requirements of division (A)(2) of section 4761.04 of the Revised	36121
Code leading to a degree or certificate of completion or is a	36122
graduate of the program;	36123

(b) Is employed as a provider of respiratory care in this	36124
state and was employed as a provider of respiratory care in this	36125
state prior to March 14, 1989.	36126

(2) The limited permit authorizes the holder to provide	36127
respiratory care under the supervision of a respiratory care	36128
professional. A person issued a limited permit under division	36129
(B)(1)(a) of this section may practice respiratory care under the	36130
limited permit for not more than the earliest of the following:	36131

(a) Three years after the date the limited permit is issued;

36132

(b) One year following the date of receipt of a certificate	36133
of completion from a board-approved respiratory care education	36134
program;	36135

(c) Until the holder completes or discontinues participation	36136
in the educational program.	36137

The board may extend the term of a limited permit in cases of	36138
unusual hardship. The holder seeking an extension shall petition	36139
the board in the form and manner prescribed by the board in rules	36140
adopted under section 4761.03 of the Revised Code. This division	36141
does not require a student enrolled in an educational program	36142
leading to a degree or certificate of completion in respiratory	36143
care approved by the board to obtain a limited permit to perform	36144
any duties that are part of the required course of study.	36145

(3) A person issued a limited permit under division	36146
(B)(1)(b) of this section may practice under a limited permit for	36147
not more than three years, except that this restriction does not	36148
apply to a permit holder who, on March 14, 1989, has been employed	36149
as a provider of respiratory care for an average of not less than	36150
twenty-five hours per week for a period of not less than five	36151
years by a hospital.	36152

(C) All holders of licenses and limited permits issued under	36153
this section shall display, in a conspicuous place on their	36154
persons, information that identifies the type of authorization	36155
under which they practice.	36156

Sec. 4771.22. The Ohio athletic commission shall deposit all	36157
money it receives under this chapter to the credit of the athlete	36158
agents registration fund, which is hereby created in the state	36159
treasury. The commission shall use the fund to administer and	36160
enforce this chapter.	36161

Sec. 4775.01.  As used in this chapter:

36162

(A) "Motor vehicle" has the same meaning as in section	36163
4501.01 of the Revised Code.	36164

(B) "Collision" means an occurrence in which two or more	36165
objects, whether mobile or stationary, contact one another in a	36166
manner that causes the alteration of the surface, structure, or	36167
appearance, whether separately or collectively, of an object that	36168
is party to the occurrence.	36169

(C) "Collision repair" means any and all restorative or	36170
replacement procedures that are performed on and affect or	36171
potentially affect the structural, life safety, and cosmetic	36172
components of a motor vehicle that has been damaged as a result of	36173
a collision. "Collision repair" also includes any procedure that	36174
is employed for the purpose of repairing, restoring, replacing, or	36175
refinishing, whether wholly or separately, any structural, life	36176
safety, or cosmetic component of a motor vehicle to a condition	36177
approximating or replicating the function, use, or appearance of	36178
the component prior to a collision.	36179

(D) "Motor vehicle collision repair operator" means aany	36180
person who owns or manages, in whole or in part, a motor vehicle	36181
collision repair facility, whether or not mechanical or other	36182
repairs also are performed at the facility, sole proprietorship,	36183
foreign or domestic partnership, limited liability corporation, or	36184
other legal entity that is not an employee or agent of a principal	36185
and performs five or more motor vehicle collision repairs in a	36186
calendar year, but does not mean any of the following:	36187

(1) An employee, other than a manager, of a motor vehicle	36189
collision repair operator;	36190

(2) A motor vehicle dealer licensed pursuant to sections	36191
4517.01 to 4517.45 of the Revised Code;	36192

(3) A motor vehicle dealer licensed pursuant to sections	36193
4517.01 to 4517.45 of the Revised Code who also is the owner, part	36194
owner, or operator of a motor vehicle collision repair facility;	36195

(4) A motor vehicle auction owner licensed pursuant to	36196
sections 4517.01 to 4517.45 of the Revised Code;	36197

(5) A motor vehicle leasing dealer licensed pursuant to	36198
sections 4517.01 to 4517.45 of the Revised Code;	36199

(6) A motor vehicle salvage dealer licensed pursuant to	36200
sections 4738.01 to 4738.18Chapter 4738. of the Revised Code;	36201

(7) A person or lessee who owns or leases ten or more motor	36202
vehicles used principally in connection with any established	36203
business and who does not perform motor vehicle collision repairs	36204
on motor vehicles other than the motor vehicles used principally	36205
in connection with the established business;	36206

(8) A motor vehicle renting dealer as defined in division	36207
(A)(2) of section 4549.65 of the Revised Code who does not perform	36208
motor vehicle collision repairs on motor vehicles other than the	36209
motor vehicles used in connection with the established motor	36210
vehicle renting business;	36211

(9) A person who performs collision repairs to the motor	36212
vehicles of a single commercial, industrial, or governmental	36213
establishment exclusively and does not offer or provide motor	36214
vehicle collision repair service to the general public;	36215

(10) The owner, part owner, or officer of, or instructor	36216
employed by, an educational institution that provides instruction	36217
in motor vehicle collision repair while the owner, part owner,	36218
officer of, or instructor is engaging in activity in furtherance	36219
of instruction in motor vehicle collision repair.	36220

(C)(E) "Motor vehicle collision repair facility" means a	36221
business location infrom which five or more separate motor	36222
vehicle collision repairs are performed for the general publicon	36223
motor vehicles in a twelve-month period, commencing with the day	36224
of the month in which the first such repair is made.	36225

Sec. 4775.02. (A) No person shall act as a motor vehicle	36226
collision repair operator unless the person is registered in	36227
accordance with this chapter.	36228

(B) Any person or entity that conducts or attempts to	36229
conduct business as a motor vehicle collision repair operator in	36230
violation of this chapter performs an unfair and deceptive act or	36231
practice in violation of section 1345.02 of the Revised Code.	36232

Sec. 4775.08.  (A) The initial and annual renewal fee for a	36233
motor vehicle collision repair registration certificate and for a	36234
temporary motor vehicle collision repair registration certificate	36235
is one hundred fifty dollars for each business location at which	36236
the motor vehicle collision repair operator conducts business as	36237
an operator, except that the board of motor vehicle collision	36238
repair registration, with the approval of the controlling board,	36239
may establish fees in excess of or less than that amount, provided	36240
that such fees do not exceed or are not less than that amount by	36241
more than fifty per cent.	36242

The board shall adjust the fees as necessary in order to	36243
provide for the expenses associated with carrying out this chapter	36244
without causing an excessive build-up of surplus funds in the	36245
motor vehicle collision repair registration fund, which is hereby	36246
created in the state treasury.	36247

(B) If the board has notified or attempted to notify a motor	36248
vehicle collision repair operator that the operator is required to	36249
be registered under this chapter, and the operator fails to	36250
register, the initial fee for the registration of such an	36251
unregistered operator for each business location at which the	36252
operator conducts business as an operator, is the initial fee then	36253
in effect plus an additional amount equal to the initial fee then	36254
in effect for each calendar year that the operator is not	36255
registered after the board has notified or attempted to notify the	36256
operator.	36257

(C) The board shall deposit all fees and fines collected	36258
under this chapter into the motor vehicle collision repair	36259
registration fund, which is hereby created in the state treasury.	36260
The board shall use the fund solely for the administration and	36261
enforcement of this chapter.	36262

Sec. 4775.99. (A) Whoever violates section 4775.02 of the	36263
Revised Code shall be fined not more than one thousand dollars on	36264
a first offense. On each subsequent offense, the offender shall	36265
be fined not less than one thousand nor more than five thousand	36266
dollars.	36267

(B) After conducting an investigation and upon establishing	36268
that a violation of section 4775.02 of the Revised Code has	36269
occurred, the board of motor vehicle collision repair	36270
registration, in addition to any other action it may take or any	36271
other penalty imposed pursuant to this chapter, may impose an	36272
administrative fine on the person or entity that committed the	36273
violation in an amount of not more than one thousand dollars on a	36274
first offense. On each subsequent offense, the board may impose	36275
an administrative fine of not less than one thousand dollars nor	36276
more than five thousand dollars. If the administrative fine is	36277
not paid, the attorney general, upon the board's request, shall	36278
commence a civil action to collect the administrative fine.	36279

Sec. 4779.01.  As used in this chapter:

36280

(A) "Accommodative" means designed with the primary goal of	36281
conforming to the anatomy of a particular individual.	36282

(B) "Full-time" means not less than one thousand six hundred	36283
hours per year.	36284

(C) "Inlay" means any removable material on which the foot	36285
rests inside a shoe and that may be an integral design component	36286
of the shoe.	36287

(D) "Orthotics" means the evaluation, measurement, design,	36288
fabrication, assembly, fitting, adjusting, servicing, or training	36289
in the use of an orthotic or pedorthic device, or the repair,	36290
replacement, adjustment, or service of an existing orthotic or	36291
pedorthic device. It does not include upper extremity adaptive	36292
equipment used to facilitate the activities of daily living,	36293
finger splints, wrist splints, prefabricated elastic or fabric	36294
abdominal supports with or without metal or plastic reinforcing	36295
stays and other prefabricated soft goods requiring minimal	36296
fitting, nontherapeutic accommodative inlays, shoes that are not	36297
manufactured or modified for a particular individual,	36298
prefabricated foot care products, durable medical equipment,	36299
dental appliances, pedorthic devices, or devices implanted into	36300
the body by a physician.	36301

(E) "Orthotic device" means a custom fabricated or fitted	36302
medical device used to support, correct, or alleviate	36303
neuromuscular or musculoskeletal dysfunction, disease, injury, or	36304
deformity.	36305

(F) "Pedorthics" means the evaluation, measurement, design,	36306
fabrication, assembly, fitting, adjusting, servicing, or training	36307
in the use of a pedorthic device, or the repair, replacement,	36308
adjustment, or servicing of a pedorthic device.	36309

(G) "Pedorthics device" means a custom fabricated or fitted	36310
therapeutic shoe, shoe modification for therapeutic purposes,	36311
prosthetic filler of the forefoot, or foot orthosis for use from	36312
the apex of the medical malleusmedial malleolus and below. It	36313
does not include an arch support, a nontherapeutic accommodative	36314
inlay, nontherapeutic accommodative footwear, prefabricated	36315
footcare products, or unmodified, over-the-counter shoes.	36316

(H) "Prosthetics" means the evaluation, measurement, design,	36317
fabrication, assembly, fitting, adjusting, servicing, or training	36318
in the use of a prosthesis or pedorthic device, or the repair,	36319
replacement, adjustment, or service of a prosthesis or pedorthic	36320
device.	36321

(I) "Prosthesis" means a custom fabricated or fitted medical	36322
device used to replace a missing appendage or other external body	36323
part. It includes an artificial limb, hand, or foot, but does not	36324
include devices implanted into the body by a physician, artificial	36325
eyes, intraocular lenses, dental appliances, ostomy products,	36326
cosmetic devices such as breast prostheses, eyelashes, wigs, or	36327
other devices that do not have a significant impact on the	36328
musculoskeletal functions of the body.	36329

Sec. 4779.02.  (A) Except as provided in division (B) of this	36330
section, no person shall practice or represent that the person is	36331
authorized to practice orthotics, prosthetics, or pedorthics	36332
unless the person holds a current, valid license issued or renewed	36333
under this chapter.	36334

(B) Division (A) of this section does not apply to any of	36335
the following:	36336

(1) An individual who holds a current, valid license,	36337
certificate, or registration issued under Chapter 4723., 4730.,	36338
4731., 4734., or 4755. of the Revised Code and is practicing	36339
within the individual's scope of practice under statutes and rules	36340
regulating the individual's profession;	36341

(2) An individual who practices orthotics, prosthetics, or	36342
pedorthics as an employee of the federal government and is engaged	36343
in the performance of duties prescribed by statutes and	36344
regulations of the United States;	36345

(3) An individual who provides orthotic, prosthetic, or	36346
pedorthic services under the supervision of a licensed orthotist,	36347
prosthetist, or pedorthist in accordance with section 4779.04 of	36348
the Revised Code;	36349

(4) An individual who provides orthotic, prosthetic, or	36350
pedorthic services as part of an educational, certification, or	36351
residency program approved by the board under sections 4779.25 to	36352
4779.27 of the Revised Code;	36353

(5) An individual who provides orthotic, prosthetic, or	36354
pedorthic services under the direct supervision of an individual	36355
authorized under Chapter 4731. of the Revised Code to practice	36356
medicine and surgery or osteopathic medicine and surgery.	36357

Sec. 4779.16.  The state board of orthotics, prosthetics, and	36358
pedorthics shall issue a license under section 4779.09 of the	36359
Revised Code to practice orthotics, prosthetics, orthotics and	36360
prosthetics, or pedorthics without examination to an applicant who	36361
meets the requirements of divisions (A) and (B) of this section:	36362

(A) Not later than July 27, 2001, applies to the board in	36363
accordance with section 4779.09 of the Revised Code;	36364

(B)(1) In the case of an applicant for a license to practice	36365
orthotics, is actively practicing or teaching orthotics on October	36366
27, 2000, and complies with division (B)(2)(1)(a) or (b) of this	36367
section:	36368

(a) The applicant meets all of the following requirements:

36369

(i) Holds a bachelor's degree or higher from a nationally	36370
accredited college or university in the United States;	36371

(ii) Has completed a certificate program in orthotics	36372
approved by the board under section 4779.26 of the Revised Code;	36373

(iii) Is certified in orthotics by the American board for	36374
certification in orthotics and prosthetics, the board of	36375
orthotist/prosthetist certification, or an equivalent successor	36376
organization recognized by the board;	36377

(iv) Has completed a residency program approved by the board	36378
under section 4779.27 of the Revised Code.	36379

(b) The individual meets both of the following requirements:

36380

(i) Has a minimum of three years of documented, full-time	36381
experience practicing or teaching orthotics;	36382

(ii) Has passed the certification examination in orthotics	36383
developed by the American board of certification in orthotics and	36384
prosthetics, the board of orthotist/prosthetist certification, or	36385
an equivalent organization recognized by the board.	36386

(2) In the case of an applicant for a license to practice	36387
prosthetics, is actively practicing or teaching prosthetics on	36388
October 27, 2000, and complies with division (B)(2)(a) or (b) of	36389
this section:	36390

(a) The applicant meets all of the following requirements:

36391

(i) Holds a bachelor's degree or higher from a nationally	36392
accredited college or university in the United States;	36393

(ii) Has completed a certificate program in prosthetics	36394
approved by the board under section 4779.26 of the Revised Code;	36395

(iii) Is certified in prosthetics by the American board for	36396
certification in orthotics and prosthetics, the board of	36397
orthotist/prosthetist certification, or an equivalent successor	36398
organization recognized by the board;	36399

(iv) Has completed a residency program approved by the board	36400
under section 4779.27 of the Revised Code.	36401

(b) The applicant meets both of the following requirements:

36402

(i) Has a minimum of three years of documented, full-time	36403
experience practicing or teaching prosthetics;	36404

(ii) Has passed the certification examination in prosthetics	36405
of the American board of certification in orthotics and	36406
prosthetics, the board of orthotist/prosthetist certification, or	36407
an equivalent organization recognized by the board.	36408

(3) In the case of an applicant for a license to practice	36409
orthotics and prosthetics, the applicant complies with division	36410
(B)(3)(a) or (b) of this section:	36411

(a) The applicant meets all of the following requirements:

36412

(i) Holds a bachelor's degree or higher from an accredited	36413
college or university in the United States;	36414

(ii) Has completed a certificate program in orthotics and	36415
prosthetics approved by the board under section 4779.26 of the	36416
Revised Code;	36417

(iii) Has completed a residency program in orthotics and	36418
prosthetics approved under section 4779.27 of the Revised Code;	36419

(iv) Is certified in orthotics and prosthetics by the	36420
American board for certification in orthotics and prosthetics, the	36421
board of orthotist/prosthetist certification, or an equivalent	36422
successor organization recognized by the board;	36423

(b) The applicant meets both of the following requirements:

36424

(i) Has a minimum of six years of documented, full-time	36425
experience practicing or teaching orthotics and prosthetics;	36426

(ii) Has passed the orthotics and prosthetics certification	36427
examination requirements of the American board for certification	36428
in orthotics and prosthetics, the board of orthotist/prosthetist	36429
certification, or an equivalent organization recognized by the	36430
board.	36431

(4) In the case of an applicant for a license to practice	36432
pedorthics, is actively practicing or teaching pedorthics on	36433
October 27, 2000, and is certified in pedorthics by the board for	36434
certification in pedorthics.	36435

Sec. 4779.19.  A license issued under section 4779.09 of the	36436
Revised Code or renewed under section 4779.20 of the Revised Code	36437
is valid for not less than three years and not more than four	36438
years andfrom the date of issuance until the date it expires,	36439
unless earlier suspended or revoked. An initial license and each	36440
renewed license expires on the thirty-first day of January	36441
immediately succeeding the date of issuance.	36442

Sec. 4779.20.  (A) An individual seeking to renew a license	36443
issued under section 4779.09 of the Revised Code shall, on or	36444
before the thirty-first day of January of the year in which the	36445
license expires pursuant to section 4779.19 of the Revised Code,	36446
apply for renewal. The state board of orthotics, prosthetics, and	36447
pedorthics shall send renewal notices at least one month prior to	36448
the expiration date.	36449

Applications shall be submitted to the board on forms the	36450
board prescribes and furnishes. Each application shall be	36451
accompanied by a renewal fee specified in rules adopted by the	36452
board under section 4779.08 of the Revised Code, except that the	36453
board may waive part of the renewal fee for the first renewal of	36454
an initial license that expires one hundred days or less after it	36455
is issued.	36456

(B) To be eligible for renewal other than a first renewal,	36457
theBeginning with the fourth renewal and every third renewal	36458
thereafter, a license holder must certify to the board one of the	36459
following:	36460

(1) In the case of an individual licensed as an orthotist or	36461
prosthetist, the individual has completed within the preceding	36462
three years forty-five continuing education units granted by the	36463
board under section 4779.24 of the Revised Code;	36464

(2) In the case of an individual licensed as a prosthetist	36465
and orthotist, the individual has completed within the preceding	36466
three years seventy-five continuing education units granted by the	36467
board under section 4779.24 of the Revised Code;	36468

(3) In the case of an individual licensed as a pedorthist,	36469
the individual has completed within the previous three years the	36470
continuing education courses required by the board for	36471
certification in pedorthics or an equivalent organization	36472
recognized by the board.	36473

Sec. 4779.26.  The state board of orthotics, prosthetics, and	36474
pedorthics shall recognize a certificate program in orthotics,	36475
prosthetics, or orthotics and prosthetics if the program satisfies	36476
all of the following requirements:	36477

(A) Meets the requirements in divisions (B), (C), (D), (E),	36478
(F), (K), and (L) of section 4779.244779.25 of the Revised Code;	36479

(B) In the case of a certificate program in orthotics, the	36480
program does all of the following:	36481

(1) Provides not less than two semesters or three quarters	36482
of instruction in orthotics;	36483

(2) Requires students to complete not less than two hundred	36484
fifty hours of supervised clinical experience that focuses on	36485
patient-related activities, recommendation, measurement,	36486
impression-taking, model rectification, fabrication, fitting, and	36487
evaluating patients in the use and function of orthotics;	36488

(3) Meets the requirements in divisions (G) and (H) of	36489
section 4779.25 of the Revised Code.	36490

(C) In the case of a certificate program in prosthetics, the	36491
program does all of the following:	36492

(1) Provides not less than two semesters or three quarters	36493
of instruction in prosthetics;	36494

(2) Requires students to complete not less than two hundred	36495
fifty hours of supervised clinical experience that focuses on	36496
patient-related activities, recommendation, measurement,	36497
impression-taking, model rectification, fabrication, fitting, and	36498
evaluating patients in the use and function of prosthetics;	36499

(3) Meets the requirements in divisions (F) and (I) of	36500
section 4779.25 of the Revised Code.	36501

(D) In the case of a certificate program in orthotics and	36502
prosthetics, the program does both of the following:	36503

(1) Provides not less than two semesters or three quarters	36504
of instruction in orthotics and two semesters or three quarters of	36505
instruction in prosthetics;	36506

(2) Meets the requirements in divisions (H) and (I) of	36507
section 4779.25 of the Revised Code.	36508

Sec. 4905.87. (A) To the extent funding is available in the	36509
biomass energy program fund, the public utilities commission shall	36510
maintain a program to promote the development and use of biomass	36511
energy.	36512

(B) The biomass energy program fund is hereby created in the	36513
state treasury. Money received by the commission for the program	36514
maintained under this section shall be credited to the fund, and	36515
used for that program.	36516

Sec. 4911.17.  There is hereby created a nine-member	36518
consumers' counsel governing board consisting of three	36519
representatives of organized groups representing each of the	36520
following areas: labor; residential consumers; and family farmers.	36521
No more than five members of this board may be members of the same	36522
political party.	36523

The members of the board shall be appointed by the attorney	36524
general with the advice and consent of the senate.	36525

No later than January 1, 1977, the attorney general shall	36526
make initial appointments to the board. Of the initial	36527
appointments made to the board, three shall be for a term ending	36528
one year after September 1, 1976, three shall be for a term ending	36529
two years after that date, and three shall be for a term ending	36530
three years after that date. Thereafter, terms of office shall be	36531
for three years, each term ending on the same day of the same	36532
month of the year as did the term that it succeeds. Each member	36533
shall hold office from the date of the member's appointment until	36534
the end of the term for which the member was appointed. Any	36535
member appointed to fill a vacancy occurring prior to the	36536
expiration of the term for which the member's predecessor was	36537
appointed shall hold office for the remainder of that term. Any	36538
member shall continue in office subsequent to the expiration date	36539
of the member's term until the member's successor takes office.	36540

The governing board shall meet within thirty days after all	36541
appointments have been made and select from among its membership a	36542
chairperson and vice-chairperson. The board shall meet at least	36543
every otherthird month thereafterof the year. Meetings may be	36544
held more often at the request of a majority of the members or	36545
upon call of the chairperson. AAt the first meeting of each year,	36546
the board shall select a chairperson and vice-chairperson. With	36547
the approval of the board, the chairperson may designate the	36548
vice-chairperson to perform the duties of the chairperson,	36549
including those provided in section 4901.021 of the Revised Code.	36550

A majority of the members constitutes a quorum. No action	36551
shall be taken without the concurrence of a majority of the full	36552
membership of the board. The consumers' counsel shall at all	36553
times remain responsible to the governing board. Members of the	36554
board shall be compensated at the rate of one hundred fifty	36555
dollars per board meeting attended in person, not to exceed one	36556
thousand two hundred dollars per year. All members shall be	36557
reimbursed for actual and necessary expenses incurred in the	36558
performance of thetheir official duties.	36559

The board shall submit to the general assembly no later than	36560
the first day of April, annually, a report outlining the	36561
expenditures of the office of consumers' counsel, a full record of	36562
participation in any and all proceedings, and an outline of other	36563
relevant activities of the office.	36564

Sec. 4921.18.  (A) Every motor transportation company or	36565
common carrier by motor vehicle operating in this state shall, at	36566
the time of the issuance of a certificate of public convenience	36567
and necessity to it and annually thereafter on or between the	36568
first and the fifteenth days of July of each year, pay to the	36569
public utilities commission, for and on behalf of the treasurer of	36570
state, the following taxes:	36571

(1) For each motor-propelled or motor-drawn vehicle used for	36572
transporting persons, multiply the normal number of passengers	36573
that can be seated at one time in each such vehicle by fourthirty	36574
dollars;	36575

(2) For each commercial tractor, as defined in section	36576
4501.01 of the Revised Code, used for transporting property,	36577
thirty dollars;	36578

(3) For each motor truck transporting property, twenty	36579
dollars;	36580

(4) For each motor-propelled vehicle used for transporting	36581
both persons and property simultaneously, the tax shall be	36582
computed on the basis of either property transportation or	36583
passenger capacity, and the basis which yields the greater revenue	36584
shall apply.	36585

(B) A trailer used by a motor transportation company or	36586
common carrier by motor vehicle shall not be taxed under this	36587
section.	36588

(C) The annual tax levied by this section does not apply in	36589
those cases where the commission finds that the movement of	36590
agricultural commodities or foodstuffs produced therefrom requires	36591
a temporary and seasonal use of vehicular equipment for a period	36592
of not more than ninety days. In such event the tax on such	36593
vehicular equipment shall be twenty-five per cent of the annual	36594
tax levied by this section. If any vehicular equipment is used in	36595
excess of such ninety-day period the annual tax levied by this	36596
section shall be paid.	36597

(D) Any motor-propelled or motor-drawn vehicle used for	36598
transporting persons, commercial tractor as defined in section	36599
4501.01 of the Revised Code, or motor truck used for the	36600
transportation of property, with respect to which the tax imposed	36601
by this section has been paid, may be used by another motor	36602
transportation company or common carrier, or by a private motor	36603
carrier or contract carrier, without further payment of the tax	36604
imposed by this section or by section 4923.11 of the Revised Code.	36605

(E) The commission shall account for the taxes collected	36606
pursuant to this section, and shall pay such taxes to the	36607
treasurer of state pursuant to section 4923.12 of the Revised Code	36608
on or before the fifteenth day of each month for the taxes	36609
collected in each preceding month.	36610

(F) All taxes levied upon the issuance of a certificate to	36611
any motor transportation company or common carrier by motor	36612
vehicle shall be reckoned as from the beginning of the quarter in	36613
which such certificate is issued or the use of equipment under any	36614
existing certificate began.	36615

Sec. 4923.11.  (A) Every private motor carrier or contract	36616
carrier by motor vehicle operating in this state shall, at the	36617
time of the issuance of its permit, and annually thereafter on or	36618
between the first and fifteenth days of July of each year, pay to	36619
the public utilities commission for and on behalf of the treasurer	36620
of state, the following taxes:	36621

(1) For each motor-propelled or motor-drawn vehicle used for	36622
transporting persons, multiply the normal number of passengers	36623
that can be seated at one time in each such vehicle by fourthirty	36624
dollars;	36625

(2) For each commercial tractor, as defined in section	36626
4501.01 of the Revised Code, used for transporting property,	36627
thirty dollars;	36628

(3) For each motor truck transporting property, twenty	36629
dollars;	36630

(4) For each motor-propelled vehicle used for transporting	36631
both persons and property simultaneously, the tax shall be	36632
computed on the basis of either property transportation or	36633
passenger capacity, and the basis which yields the greater revenue	36634
shall apply.	36635

(B) A trailer used by a private motor carrier or contract	36636
carrier by motor vehicle shall not be taxed under this section.	36637

(C) The annual tax levied by this section does not apply in	36638
those cases where the commission finds that the movement of	36639
agricultural commodities or foodstuffs produced from agricultural	36640
commodities requires a temporary and seasonal use of vehicular	36641
equipment for a period of not more than ninety days. In that	36642
event the tax on such vehicular equipment shall be twenty-five per	36643
cent of the annual tax levied by this section. If any vehicular	36644
equipment is used in excess of such ninety-day period the annual	36645
tax levied by this section shall be paid.	36646

(D) Any motor-propelled or motor-drawn vehicle used for	36647
transporting persons, commercial tractor as defined in section	36648
4501.01 of the Revised Code, or motor truck used for the	36649
transportation of property, with respect to which the tax imposed	36650
by this section has been paid, may be used by a motor	36651
transportation company or common carrier, or by another private	36652
motor carrier or contract carrier, without further payment of the	36653
tax imposed by this section or by section 4921.18 of the Revised	36654
Code.	36655

(E) The commission shall account for the taxes collected	36656
pursuant to this section, and shall pay such taxes to the	36657
treasurer of state pursuant to section 4923.12 of the Revised Code	36658
on or before the fifteenth day of each month for the taxes	36659
collected in each preceding month.	36660

(F) All taxes levied upon the issuance of a permit to any	36661
private motor carrier or contract carrier by motor vehicle shall	36662
be reckoned as from the beginning of the quarter in which such	36663
permit is issued or the use of equipment under any existing permit	36664
began.	36665

Sec. 5101.14.  (A) Within available funds, the department of	36666
job and family services shall make payments to the counties within	36667
thirty days after the beginning of each calendar quarter for a	36668
part of their costs for services to children performed pursuant to	36669
Chapter 5153. of the Revised Code.	36670

Funds provided to the county under this section shall be	36671
deposited into the children services fund created pursuant to	36672
section 5101.144 of the Revised Code.	36673

(B)(1) The funds distributed under this section shall be	36674
used for the following:	36675

(a) Home-based services to children and families;

36676

(b) Protective services to children;

36677

(c) To find, develop, and approve adoptive homes;

36678

(d) Short-term, out-of-home care and treatment for children;

36679

(e) Costs for the care of a child who resides with a	36680
caretaker relative, other than the child's parent, and is in the	36681
legal custody of a public children services agency pursuant to a	36682
voluntary temporary custody agreement entered into under division	36683
(A) of section 5103.15 of the Revised Code or in the legal custody	36684
of a public children services agency or the caretaker relative	36685
pursuant to an allegation or adjudication of abuse, neglect, or	36686
dependency made under Chapter 2151. of the Revised Code;	36687

(f) Other services a public children services agency	36688
considers necessary to protect children from abuse, neglect, or	36689
dependency.	36690

(2) No funds distributed under this section shall be used	36691
for the costs of maintaining a child in a children's home owned	36692
and operated by the county.	36693

(C) In each fiscal year, the amount of funds available for	36694
distribution under this section shall be allocated to counties as	36695
follows:	36696

(1) If the amount is less than the amount initially	36697
appropriated for the immediately preceding fiscal year, each	36698
county shall receive an amount equal to the percentage of the	36699
funding it received in the immediately preceding fiscal year,	36700
exclusive of any releases from or additions to the allocation or	36701
any sanctions imposed under this section;	36702

(2) If the amount is equal to the amount initially	36703
appropriated for the immediately preceding fiscal year, each	36704
county shall receive an amount equal to the amount it received in	36705
the preceding fiscal year, exclusive of any releases from or	36706
additions to the allocation or any sanctions imposed under this	36707
section;	36708

(3) If the amount is greater than the amount initially	36709
appropriated for the immediately preceding fiscal year, each	36710
county shall receive the amount determined under division (C)(2)	36711
of this section as a base allocation, plus a percentage of the	36712
amount that exceeds the amount initially appropriated for the	36713
immediately preceding fiscal year. The amount exceeding the	36714
amount initially appropriated in the immediately preceding fiscal	36715
year shall be allocated to the counties as follows:	36716

(a) Twelve per cent divided equally among all counties;

36717

(b) Forty-eight per cent in the ratio that the number of	36718
residents of the county under the age of eighteen bears to the	36719
total number of such persons residing in this state;	36720

(c) Forty per cent in the ratio that the number of residents	36721
of the county with incomes under the federal poverty guideline	36722
bears to the total number of such persons in this state.	36723

As used in division (C)(3)(c) of this section, "federal	36724
poverty guideline" means the poverty guideline as defined by the	36725
United States office of management and budget and revised by the	36726
United States secretary of health and human services in accordance	36727
with section 673 of the "Community Services Block Grant Act," 95	36728
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.	36729

(D) The director of job and family services may adopt rules	36730
as necessary for the allocation of funds under this section. The	36731
rules shall be adopted in accordance with section 111.15 of the	36732
Revised Code.	36733

(E)(1) As used in this division, "services to children"	36734
includes onlymeans children's protective services, home-based	36735
services to children and families, foster home services,	36736
residential treatment services, adoptive services, and independent	36737
living services.	36738

(2) Except as otherwise provided in this section, the	36739
allocation of funds for a fiscal year to a county under this	36740
section shall be reduced by the department if in the preceding	36741
calendar year the total amount expended for services to children	36742
from local funds and funds distributed to the county under section	36743
5101.46 of the Revised Code was less than the total expended from	36744
those sourcesthat source in the second preceding calendar year.	36745
The reduction shall be equal to the difference between the total	36746
expended in the preceding calendar year and the total expended in	36747
the second preceding calendar year.	36748

The determination of whether the amount expended for services	36749
to children was less in the preceding calendar year than in the	36750
second preceding calendar year shall not include a difference due	36751
to any of the following factors to the extent that the difference	36752
does not exceed the amount attributable to that factor:	36753

(a) An across-the-board reduction in the county budget as a	36754
whole;	36755

(b) A reduced or failed levy specifically earmarked for	36756
children services;	36757

(c) A reduced allocation of funds to the county under section	36758
5101.24 of the Revised Code;	36759

(d) The closure of, or a reduction in the operating capacity	36760
of, a children's home owned and operated by the county.	36761

(3) Funds withheld under this division may be reallocated by	36762
the department to other counties. The department may grant whole	36763
or partial waivers of the provisions of this division.	36764

(F) Children who are in the temporary or permanent custody	36765
of a certified public or private nonprofit agency or institution,	36766
or who are in adoptions subsidized under division (B) of section	36767
5153.163 of the Revised Code are eligible for medical assistance	36768
through the medical assistance program established under section	36769
5111.01 of the Revised Code.	36770

(G) Within ninety days after the end of each fiscal year,	36771
each county shall return any unspent funds to the department.	36772

(H) The department shall prepare an annual report detailing	36773
on a county-by-county basis the services provided with funds	36774
distributed under this section. The report shall be submitted to	36775
the general assembly by the thirtieth day of September each year	36776
and also shall be made available to the public.	36777

(I) In accordance with Chapter 119. of the Revised Code, the	36778
director shall adopt, and may amend and rescind, rules prescribing	36779
reports on expenditures to be submitted by the counties as	36780
necessary for the implementation of this section.	36781

Sec. 5101.141.  (A) The department of job and family	36782
services shall act as the single state agency to administer	36783
federal payments for foster care and adoption assistance made	36784
pursuant to Title IV-E of the "Social Security Act," 94 Stat. 501,	36785
42 U.S.C.A. 670 (1980), as amended. The director of job and	36786
family services shall adopt rules to implement this authority.	36787
Internal management rules governing financial and administrative	36788
requirements applicable to public children services agencies,	36789
private child placing agencies, and private noncustodial agencies	36790
shall be adopted in accordance with section 111.15 of the Revised	36791
Code. Rules establishing eligibility, program participation, and	36792
other requirements shall be adopted in accordance with Chapter	36793
119. of the Revised Code. A public children services agency to	36794
which the department distributes Title IV-E funds shall administer	36795
the funds in accordance with those rules.	36796

(B)(1) The county, on behalf of each child eligible for	36797
foster care maintenance payments under Title IV-E of the "Social	36798
Security Act," shall make payments to cover the cost of providing	36799
all of the following:	36800

(a) The child's food, clothing, shelter, daily supervision,	36801
and school supplies;	36802

(b) The child's personal incidentals;

36803

(c) Reasonable travel to the child's home for visitation.

36804

(2) In addition to payments made under division (B)(1) of	36805
this section, the county may, on behalf of each child eligible for	36806
foster care maintenance payments under Title IV-E of the "Social	36807
Security Act," make payments to cover the cost of providing the	36808
following:	36809

(a) Liability insurance with respect to the child;

36810

(b) If the county is participating in the demonstration	36811
project established under division (A) of section 5101.142 of the	36812
Revised Code, services provided under the project.	36813

(3) With respect to a child who is in a child-care	36814
institution, including any type of group home designed for the	36815
care of children or any privately operated program consisting of	36816
two or more certified foster homes operated by a common	36817
administrative unit, the foster care maintenance payments made by	36818
the county on behalf of the child shall include the reasonable	36819
cost of the administration and operation of the institution, group	36820
home, or program, as necessary to provide the items described in	36821
divisions (B)(1) and (2) of this section.	36822

(C) To the extent that either foster care maintenance	36823
payments under division (B) of this section or Title IV-E adoption	36824
assistance payments for maintenance costs require the expenditure	36825
of county funds, the board of county commissioners shall report	36826
the nature and amount of each expenditure of county funds to the	36827
department.	36828

(D) The department shall distribute to public children	36829
services agencies that incur and report such expenditures federal	36830
financial participation received for administrative and training	36831
costs incurred in the operation of foster care maintenance and	36832
adoption assistance programs. The department may withhold not	36833
more than twothree per cent of the federal financial	36834
participation received. The funds withheld may be used only to	36835
fund the Ohio child welfare training program established under	36836
section 5153.60 of the Revised Code and the university partnership	36837
program for college and university students majoring in social	36838
work who have committed to work for a public children services	36839
agency upon graduation. The funds withheld shall be in addition to	36840
any administration and training cost for which the department is	36841
reimbursed through its own cost allocation plan.	36842

(E) All federal financial participation funds received by a	36843
county pursuant to this section shall be deposited into the	36844
county's children services fund created pursuant to section	36845
5101.144 of the Revised Code.	36846

(F) The department shall periodically publish and distribute	36847
the maximum amounts that the department will reimburse public	36848
children services agencies for making payments on behalf of	36849
children eligible for foster care maintenance payments.	36850

(G) The department, by and through its director, is hereby	36851
authorized to develop, participate in the development of,	36852
negotiate, and enter into one or more interstate compacts on	36853
behalf of this state with agencies of any other states, for the	36854
provision of medical assistance and other social services to	36855
children in relation to whom all of the following apply:	36856

(1) They have special needs.

36857

(2) This state or another state that is a party to the	36858
interstate compact is providing adoption assistance on their	36859
behalf.	36860

(3) They move into this state from another state or move out	36861
of this state to another state.	36862

Sec. 5101.145.  (A) For the purposes of this section, "Title	36863
IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501,	36864
42 U.S.C.A. 670 (1980).	36865

(B) In adopting rules under section 5101.141 of the Revised	36866
Code regarding financial requirements applicable to public	36867
children services agencies, private child placing agencies, and	36868
private noncustodial agencies, the department of job and family	36869
services shall establish both of the following:	36870

(1) A single form for the agencies to report costs	36871
reimbursable under Title IV-E and costs reimbursable under	36872
medicaid;	36873

(2) Procedures to monitor cost reports submitted by the	36874
agencies.	36875

(C) The procedures established under division (B)(2) of this	36876
section shall be implemented not later than October 1, 2003. The	36877
procedures shall be used to do both of the following:	36878

(1) Determine which of the costs are reimbursable under	36879
Title IV-E;	36880

(2) Ensure that costs reimbursable under medicaid are	36881
excluded from determinations made under division (C)(1) of this	36882
section.	36883

Sec. 5101.184.  (A) The director of job and family services	36884
shall work with the tax commissioner to collect overpayments of	36885
assistance under Chapter 5107., 5111., or 5115., former Chapter	36886
5113., or sectionssection 5101.54 to 5101.543 of the Revised Code	36887
from refunds of state income taxes for taxable year 1992 and	36888
thereafter that are payable to the recipients of such	36889
overpayments.	36890

Any overpayment of assistance, whether obtained by fraud or	36891
misrepresentation, as the result of an error by the recipient or	36892
by the agency making the payment, or in any other manner, may be	36893
collected under this section. Any reduction under section 5747.12	36894
or 5747.121 of the Revised Code to an income tax refund shall be	36895
made before a reduction under this section. No reduction shall be	36896
made under this section if the amount of the refund is less than	36897
twenty-five dollars after any reduction under section 5747.12 of	36898
the Revised Code. A reduction under this section shall be made	36899
before any part of the refund is contributed under section	36900
5747.113 of the Revised Code to the natural areas and preserves	36901
fund or the nongame and endangered wildlife fund, or is credited	36902
under section 5747.12 of the Revised Code against tax due in any	36903
subsequent year.	36904

The director and the tax commissioner, by rules adopted in	36905
accordance with Chapter 119. of the Revised Code, shall establish	36906
procedures to implement this division. The procedures shall	36907
provide for notice to a recipient of assistance and an opportunity	36908
for the recipient to be heard before the recipient's income tax	36909
refund is reduced.	36910

(B) The director of job and family services may enter into	36911
agreements with the federal government to collect overpayments of	36912
assistance from refunds of federal income taxes that are payable	36913
to recipients of the overpayments.	36914

Sec. 5101.071.        Sec. 5101.251.  (A) Not later than ninety days	36915
after the effective date of this sectionDecember 8, 1994, the	36916
director of job and family services shall develop and provide a	36917
training program to assist caseworkers in county departments of	36918
job and family services and public children services agencies in	36919
understanding the dynamics of domestic violence and the	36920
relationship domestic violence has to child abuse. The program	36921
shall be coordinated with other department of job and family	36922
services programs regarding family violence.	36923

(B) Not later than ninety days after the effective date of	36924
this sectionDecember 9, 1994, the director of job and family	36925
services shall adopt internal management rules in accordance with	36926
section 111.15 of the Revised Code establishing policies for	36927
dealing with domestic violence and the victims of domestic	36928
violence. The rules shall include all of the following:	36929

(1) A rule designating types and categories of employees of	36930
county departments of job and family services and employees of	36931
public children services agencies to receive training in the	36932
handling of domestic violence cases and a policy for the training	36933
of the designated types and categories of employees in the	36934
handling of those cases.	36935

(2) Guidelines directing how county departments of job and	36936
family services and county children services boards shall respond	36937
to identified domestic violence problems and to the needs of	36938
children directly or indirectly involved in situations involving	36939
domestic violence.	36940

(C) Each county department of job and family services and	36941
each public children services agency shall require its employees	36942
to complete the training described in divisions (A) and (B) of	36943
this section in accordance with the rules adopted by the director	36944
of job and family services pursuant to division (B) of this	36945
section.	36946

Sec. 5101.35.  (A) As used in this section:

36947

(1) "Agency" means the following entities that administer a	36948
family services program:	36949

(a) The department of job and family services;

36950

(b) A county department of job and family services;

36951

(c) A public children services agency;

36952

(d) A private or government entity administering, in whole	36953
or in part, a family services program for or on behalf of the	36954
department of job and family services or a county department of	36955
job and family services or public children services agency.	36956

(2) "Appellant" means an applicant, participant, former	36957
participant, recipient, or former recipient of a family services	36958
program who is entitled by federal or state law to a hearing	36959
regarding a decision or order of the agency that administers the	36960
program.	36961

(3) "Family services program" means assistance provided	36962
under a Title IV-A program as defined in section 5101.80 of the	36963
Revised Code or under Chapter 5104., 5107., 5108., 5111., or 5115.	36964
or section 173.35, 5101.141, 5101.46, 5101.54, 5153.163, or	36965
5153.165 of the Revised Code, other than assistance provided under	36966
section 5101.46 of the Revised Code by the department of mental	36967
health, the department of mental retardation and developmental	36968
disabilities, a board of alcohol, drug addiction, and mental	36969
health services, or a county board of mental retardation and	36970
developmental disabilities.	36971

(B) AnExcept as provided in by division (G) of this section,	36972
an appellant who appeals under federal or state law a decision or	36973
order of an agency administering a family services program shall,	36974
at the appellant's request, be granted a state hearing by the	36975
department of job and family services. This state hearing shall	36976
be conducted in accordance with rules adopted under this section.	36977
The state hearing shall be tape-recorded, but neither the	36978
recording nor a transcript of the recording shall be part of the	36979
official record of the proceeding. A state hearing decision is	36980
binding upon the agency and department, unless it is reversed or	36981
modified on appeal to the director of job and family services or a	36982
court of common pleas.	36983

(C) AnExcept as provided by division (G) of this section, an	36984
appellant who disagrees with a state hearing decision may make an	36985
administrative appeal to the director of job and family services	36986
in accordance with rules adopted under this section. This	36987
administrative appeal does not require a hearing, but the director	36988
or the director's designee shall review the state hearing decision	36989
and previous administrative action and may affirm, modify, remand,	36990
or reverse the state hearing decision. Any person designated to	36991
make an administrative appeal decision on behalf of the director	36992
shall have been admitted to the practice of law in this state. An	36993
administrative appeal decision is the final decision of the	36994
department and is binding upon the department and agency, unless	36995
it is reversed or modified on appeal to the court of common pleas.	36996

(D) An agency shall comply with a decision issued pursuant	36997
to division (B) or (C) of this section within the time limits	36998
established by rules adopted under this section. If a county	36999
department of job and family services or a public children	37000
services agency fails to comply within these time limits, the	37001
department may take action pursuant to section 5101.24 of the	37002
Revised Code. If another agency fails to comply within the time	37003
limits, the department may force compliance by withholding funds	37004
due the agency or imposing another sanction established by rules	37005
adopted under this section.	37006

(E) An appellant who disagrees with an administrative appeal	37007
decision of the director of job and family services or the	37008
director's designee issued under division (C) of this section may	37009
appeal from the decision to the court of common pleas pursuant to	37010
section 119.12 of the Revised Code. The appeal shall be governed	37011
by section 119.12 of the Revised Code except that:	37012

(1) The person may appeal to the court of common pleas of	37013
the county in which the person resides, or to the court of common	37014
pleas of Franklin county if the person does not reside in this	37015
state.	37016

(2) The person may apply to the court for designation as an	37017
indigent and, if the court grants this application, the appellant	37018
shall not be required to furnish the costs of the appeal.	37019

(3) The appellant shall mail the notice of appeal to the	37020
department of job and family services and file notice of appeal	37021
with the court within thirty days after the department mails the	37022
administrative appeal decision to the appellant. For good cause	37023
shown, the court may extend the time for mailing and filing notice	37024
of appeal, but such time shall not exceed six months from the date	37025
the department mails the administrative appeal decision. Filing	37026
notice of appeal with the court shall be the only act necessary to	37027
vest jurisdiction in the court.	37028

(4) The department shall be required to file a transcript of	37029
the testimony of the state hearing with the court only if the	37030
court orders the department to file the transcript. The court	37031
shall make such an order only if it finds that the department and	37032
the appellant are unable to stipulate to the facts of the case and	37033
that the transcript is essential to a determination of the appeal.	37034
The department shall file the transcript not later than thirty	37035
days after the day such an order is issued.	37036

(F) The department of job and family services shall adopt	37037
rules in accordance with Chapter 119. of the Revised Code to	37038
implement this section, including rules governing the following:	37039

(1) State hearings under division (B) of this section. The	37040
rules shall include provisions regarding notice of eligibility	37041
termination and the opportunity of an appellant appealing a	37042
decision or order of a county department of job and family	37043
services to request a county conference with the county department	37044
before the state hearing is held.	37045

(2) Administrative appeals under division (C) of this	37046
section;	37047

(3) Time limits for complying with a decision issued under	37048
division (B) or (C) of this section;	37049

(4) Sanctions that may be applied against an agency under	37050
division (D) of this section.	37051

(G) The department of job and family services may adopt rules	37052
in accordance with Chapter 119. of the Revised Code establishing	37053
in appeals process for an appellant who appeals a decision or	37054
order regarding a Title IV-A program identified under division	37055
(A)(3)(c) or (d) of section 5101.80 of the Revised Code that is	37056
different from the appeals process established by this section.	37057
The different appeals process may include having a state agency	37058
that administers the Title IV-A program pursuant to an interagency	37059
agreement entered into under section 5101.801 of the Revised Code	37060
administer the appeals process.	37061

(H) The requirements of Chapter 119. of the Revised Code	37062
apply to a state hearing or administrative appeal under this	37063
section only to the extent, if any, specifically provided by rules	37064
adopted under this section.	37065

Sec. 5101.36.  Any application for public assistance gives a	37066
right of subrogation to the department of job and family services	37067
for any workers' compensation benefits payable to a person who is	37068
subject to a support order, as defined in section 3119.01 of the	37069
Revised Code, on behalf of the applicant, to the extent of any	37070
public assistance payments made on the applicant's behalf. If the	37071
director of job and family services, in consultation with a child	37072
support enforcement agency and the administrator of the bureau of	37073
workers' compensation, determines that a person responsible for	37074
support payments to a recipient of public assistance is receiving	37075
workers' compensation, the director shall notify the administrator	37076
of the amount of the benefit to be paid to the department of job	37077
and family services.	37078

For purposes of this section, "public assistance" means	37079
medical assistance provided through the medical assistance program	37080
established under section 5111.01 of the Revised Code,; Ohio works	37081
first provided under Chapter 5107. of the Revised Code,;	37082
prevention, retention, and contingency assistancebenefits and	37083
services provided under Chapter 5108. of the Revised Code,; or	37084
disability assistance provided under Chapter 5115. of the Revised	37085
Code.	37086

Sec. 5101.50.  (A) As used in this section and in sections	37087
5101.51 to 5101.5185101.5110 of the Revised Code:	37088

(1) "Children's health insurance program" means the program	37089
authrizedauthorized by Title XXI of the "Social Security Act,"	37090
111 Stat. 552 (1997), 42 U.S.C.A. 1397aa.	37091

(2) "Federal poverty guidelines" has the same meaning as in	37092
section 5101.46 of the Revised Code.	37093

(B) The director of job and family services may continue to	37094
operate the children's health insurance program initially	37095
authorized by an executive order issued under section 107.17 of	37096
the Revised Code as long as federal financial participation is	37097
available for the program. If operated, the program shall provide	37098
health assistance to uninsured individuals under nineteen years of	37099
age with family incomes not exceeding one hundred fifty per cent	37100
of the federal poverty guidelines. In accordance with 42 U.S.C.A.	37101
1397aa, the director may provide for the health assistance to meet	37102
the requirements of 42 U.S.C.A. 1397cc, to be provided under the	37103
medicaid program established under Chapter 5111. of the Revised	37104
Code, or to be a combination of both.	37105

Sec. 5101.5110. (A) The director of job and family services	37106
may submit a waiver request to the United States secretary of	37107
health and human services to provide health assistance to any	37108
individual who meets all of the following requirements:	37109

(1) Is the parent of a child under nineteen years of age who	37110
resides with the parent and is eligible for health assistance	37111
under the children's health insurance program part I or II or the	37112
medicaid program established under Chapter 5111. of the Revised	37113
Code;	37114

(2) Is uninsured;

37115

(3) Has a family income that does not exceed one hundred per	37116
cent of the federal poverty guidelines.	37117

(B) A waiver request the director submits under division (A)	37118
of this section may seek federal funds allotted to the state under	37119
Title XXI of the "Social Security Act," 111 Stat. 558 (1997), 42	37120
U.S.C.A. 1397dd, as amended, that are not otherwise used to fund	37121
the children's health insurance program parts I and II.	37122

(C) If a waiver request the director submits under division	37123
(A) of this section is granted, the director may adopt rules in	37124
accordance with Chapter 119. of the Revised Code as necessary for	37125
the efficient administration of the program authorization by the	37126
waiver.	37127

Sec. 5101.521.  When the body of a dead person is found in a	37128
township or municipal corporation, and such person was not an	37129
inmate of a correctional, benevolent, or charitable institution of	37130
this state, and the body is not claimed by any person for private	37131
interment or cremation at the person's own expense, or delivered	37132
for the purpose of medical or surgical study or dissection in	37133
accordance with section 1713.34 of the Revised Code, or the person	37134
was not eligible for burial assistance under section 5101.52 of	37135
the Revised Code, it shall be disposed of as follows:	37136

(A) If the person was a legal resident of the county, the	37137
proper officers of the township or municipal corporation in which	37138
the person's body was found shall cause it to be buried or	37139
cremated at the expense of the township or municipal corporation	37140
in which the person had a legal residence at the time of death.	37141

(B) If the person had a legal residence in any other county	37142
of the state at the time of death, the superintendent of the	37143
county home of the county in which such body was found shall cause	37144
it to be buried or cremated at the expense of the township or	37145
municipal corporation in which the person had a legal residence at	37146
the time of death.	37147

(C) If the person was an inmate of a correctional	37148
institution of the county or a patient or resident of a benevolent	37149
institution of the county, the person had no legal residence in	37150
the state, or the person's legal residence is unknown, the	37151
superintendent shall cause the person to be buried or cremated at	37152
the expense of the county.	37153

Such officials shall provide, at the grave of the person or,	37154
if the person's cremated remains are buried, at the grave of the	37155
person's cremated remains, a stone or concrete marker on which the	37156
person's name and age, if known, and date of death shall be	37157
inscribed.	37158

A political subdivision is not relieved of its duty to bury	37159
or cremate a person at its expense under this section when the	37160
body is claimed by an indigent person.	37161

Sec. 5101.54.  (A) The director of job and family services	37162
shall administer the food stamp program in accordance with the	37163
"Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as	37164
amended. The department may:	37165

(1) Prepare and submit to the secretary of the United States	37166
department of agriculture a plan for the administration of the	37167
food stamp program;	37168

(2) Prescribe forms for applications, certificates, reports,	37169
records, and accounts of county departments of job and family	37170
services, and other matters;	37171

(3) Require such reports and information from each county	37172
department of job and family services as may be necessary and	37173
advisable;	37174

(4) Administer and expend any sums appropriated by the	37175
general assembly for the purposes of this section and all sums	37176
paid to the state by the United States as authorized by the Food	37177
Stamp Act of 1977;	37178

(5) Conduct such investigations as are necessary;

37179

(6) Enter into interagency agreements and cooperate with	37180
investigations conducted by the department of public safety,	37181
including providing information for investigative purposes,	37182
exchanging property and records, passing through federal financial	37183
participation, modifying any agreements with the United States	37184
department of agriculture, providing for the supply, security, and	37185
accounting of food stamp couponsbenefits for investigative	37186
purposes, and meeting any other requirements necessary for the	37187
detection and deterrence of illegal activities in the state food	37188
stamp program;	37189

(7) Adopt rules in accordance with Chapter 119. of the	37190
Revised Code governing employment and training requirements of	37191
recipients of food stamp benefits, including rules specifying	37192
which recipients are subject to the requirements and establishing	37193
sanctions for failure to satisfy the requirements. The rules	37194
shall be consistent with 7 U.S.C.A. 2015 and, to the extent	37195
practicable, may provide for food stamp benefit recipients to	37196
participate in work activities, developmental activities, and	37197
alternative work activities established under sections 5107.40 to	37198
5107.69 of the Revised Code that are comparable to programs	37199
authorized by 7 U.S.C.A. 2015(d)(4). The rules may reference	37200
rules adopted under section 5107.05 of the Revised Code governing	37201
work activities, developmental activities, and alternative work	37202
activities established under sections 5107.40 to 5107.69 of the	37203
Revised Code.	37204

(8) Adopt rules in accordance with section 111.15 of the	37205
Revised Code that are consistent with the Food Stamp Act of 1977,	37206
as amended, and regulations adopted thereunder governing the	37207
following:	37208

(a) Eligibility requirements for the food stamp program;

37209

(b) Sanctions for failure to comply with eligibility	37210
requirements;	37211

(c) Allotment of food stamp couponsbenefits;

37212

(d) To the extent permitted under federal statutes and	37213
regulations, a system under which some or all recipients of food	37214
stamp benefits subject to employment and training requirements	37215
established by rules adopted under division (A)(7) of this section	37216
receive food stamp benefits after satisfying the requirements;	37217

(e) Administration of the program by county departments of	37218
job and family services;	37219

(f) Other requirements necessary for the efficient	37220
administration of the program.	37221

(9) Submit a plan to the United States secretary of	37222
agriculture for the department of job and family services to	37223
operate a simplified food stamp program pursuant to 7 U.S.C.A.	37224
2035 under which requirements governing the Ohio works first	37225
program established under Chapter 5107. of the Revised Code also	37226
govern the food stamp program in the case of households receiving	37227
food stamp benefits and participating in Ohio works first.	37228

(B) Except while in the custody of the United States postal	37229
service, food stamps and any document necessary to obtain food	37230
stamps are the property of the department of job and family	37231
services from the time they are received in accordance with	37232
federal regulations by the department from the federal agency	37233
responsible for such delivery until they are received by a	37234
household entitled to receive them or by the authorized	37235
representative of the household.	37236

(C) A household that is entitled to receive food stamps	37237
under the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011,	37238
as amended, and that is determined to be in immediate need of food	37239
assistance, shall receive certification of eligibility for program	37240
benefits, pending verification, within twenty-four hours, or, if	37241
mitigating circumstances occur, within seventy-two hours, after	37242
application, if:	37243

(1) The results of the application interview indicate that	37244
the household will be eligible upon full verification;	37245

(2) Information sufficient to confirm the statements in the	37246
application has been obtained from at least one additional source,	37247
not a member of the applicant's household. Such information shall	37248
be recorded in the case file, and shall include:	37249

(a) The name of the person who provided the name of the	37250
information source;	37251

(b) The name and address of the information source;

37252

(c) A summary of the information obtained.

37253

The period of temporary eligibility shall not exceed one	37254
month from the date of certification of temporary eligibility. If	37255
eligibility is established by full verification, benefits shall	37256
continue without interruption as long as eligibility continues.	37257

At the time of application, the county department of job and	37258
family services shall provide to a household described in this	37259
division a list of community assistance programs that provide	37260
emergency food.	37261

(D) All applications shall be approved or denied through	37262
full verification within thirty days from receipt of the	37263
application by the county department of job and family services.	37264

(E) Nothing in this section shall be construed to prohibit	37265
the certification of households that qualify under federal	37266
regulations to receive food stamps without charge under the "Food	37267
Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as amended.	37268

(F) Any person who applies for food stamps under this	37269
section shall receive a voter registration application under	37270
section 3503.10 of the Revised Code.	37271

Sec. 5101.80. (A) As used in this section and in section	37272
5101.801 of the Revised Code:	37273

(1) "County family services agency" has the same meaning as	37274
in section 307.981 of the Revised Code.	37275

(2) "State agency" has the same meaning as in section 9.82	37276
of the Revised Code.	37277

(3) "Title IV-A program" means all of the following that	37278
are funded in part with funds provided under the temporary	37279
assistance for needy families block grant established by Title	37280
IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42	37281
U.S.C. 601, as amended:	37282

(a) The Ohio works first program established under Chapter	37283
5107. of the Revised Code;	37284

(b) The prevention, retention, and contingency program	37285
established under Chapter 5108. of the Revised Code;	37286

(c) A program established by the general assembly or an	37287
executive order issued by the governor that is administered or	37288
supervised by the department of job and family services pursuant	37289
to section 5101.801 of the Revised Code;	37290

(d) A component of a Title IV-A program identified under	37291
divisions (A)(3)(a) to (c) of this section that the Title IV-A	37292
state plan prepared under division (C)(1) of this section	37293
identifies as a component.	37294

(B) The department of job and family services shall act as	37295
the single state agency to administer and supervise the	37296
administration of Title IV-A programs. The Title IV-A state plan	37297
and amendments to the plan prepared under division (C) of this	37298
section are binding on county family services agencies and state	37299
agencies that administer a Title IV-A program. No county family	37300
services agency or state agency administering a Title IV-A program	37301
may establish, by rule or otherwise, a policy governing the Title	37302
IV-A program that is inconsistent with a Title IV-A program policy	37303
established, in rule or otherwise, by the director of job and	37304
family services.	37305

(C) The department of job and family services shall do	37306
all of the following:	37307

(1) Prepare and submit to the United States secretary of	37308
health and human services a Title IV-A state plan, and amendments	37309
to the plan that the department determines necessary, for the Ohio	37310
works first program established under Chapter 5107. of the Revised	37311
Code and the prevention, retention, and contingency program	37312
established under Chapter 5108. of the Revised CodeTitle IV-A	37313
programs;	37314

(2) Prepare and submit to the United States secretary of	37315
health and human services amendments to the Title IV-A state plan	37316
that the department determines necessary, including amendments	37317
necessary to implement Title IV-A programs identified in division	37318
(A)(3)(c) and (d) of this section;	37319

(3) Prescribe forms for applications, certificates,	37320
reports, records, and accounts of county departments of job and	37321
family services agencies and state agencies administering a Title	37322
IV-A program, and other matters related to the Ohio works first	37323
program and the prevention, retention, and contingency program	37324
Title IV-A programs;	37325

(3)(4) Make such reports, in such form and containing such	37326
information as the department may find necessary to assure the	37327
correctness and verification of such reports, regarding the Ohio	37328
works first program and the prevention, retention, and contingency	37329
programTitle IV-A programs;	37330

(4)(5) Require reports and information from each county	37331
department of job and family services agency and state agency	37332
administering a Title IV-A program as may be necessary or	37333
advisable regarding the Ohio works first program and the	37334
prevention, retention, and contingency programthe Title IV-A	37335
program;	37336

(5)(6) Afford a fair hearing in accordance with section	37337
5101.35 of the Revised Code to any applicant for, or participant	37338
or former participant of, the Ohio works first program or the	37339
prevention, retention, and contingency programa Title IV-A	37340
program aggrieved by a decision regarding eitherthe program;	37341

(6)(7) Administer and expend, pursuant to Chapters 5107. and	37342
5108. of the Revised Code and section 5101.801 of the Revised	37343
Code, any sums appropriated by the general assembly for the	37344
purpose of those chapters and section and all sums paid to the	37345
state by the secretary of the treasury of the United States as	37346
authorized by Title IV-A of the "Social Security Act," 49110	37347
Stat. 6202113 (19351996), 42 U.S.C. 301601, as amended;	37348

(7)(8) Conduct investigations and audits as are necessary	37349
regarding the Ohio works first program and the prevention,	37350
retention, and contingency programTitle IV-A programs;	37351

(8)(9) Enter into reciprocal agreements with other states	37352
relative to the provision of Ohio works first and prevention,	37353
retention, and contingency to residents and nonresidents;	37354

(9)(10) Contract with a private entity to conduct an	37355
independent on-going evaluation of the Ohio works first program	37356
and the prevention, retention, and contingency program. The	37357
contract must require the private entity to do all of the	37358
following:	37359

(a) Examine issues of process, practice, impact, and	37360
outcomes;	37361

(b) Study former participants of Ohio works first who have	37362
not participated in Ohio works first for at least one year to	37363
determine whether they are employed, the type of employment in	37364
which they are engaged, the amount of compensation they are	37365
receiving, whether their employer provides health insurance,	37366
whether and how often they have received assistancebenefits or	37367
services under the prevention, retention, and contingency program,	37368
and whether they are successfully self sufficient;	37369

(c) Provide the department an initial report of the	37370
evaluation not later than two years after October 1, 1997, and	37371
provide subsequentwith reports at times the department specifies.	37372

(10) Not later than March 1, 1998, and the first day of each	37373
September and March thereafter until September 1, 2001, prepare a	37374
county by county report concerning individuals who cease to	37375
participate in Ohio works first that contains the reasons the	37376
individuals ceased to participate, including employment, marital	37377
status, and relocation;	37378

(11) Not later than January 1, 2001, and the first day of	37379
each January and July thereafter, prepare a report containing	37380
information on the following:	37381

(a) A county by county breakdown of individuals who cease to	37382
participate in Ohio works first and the reasons the individuals	37383
ceased to participate, includingIndividuals exhausting the time	37384
limits for participation in Ohio works first set forth in section	37385
5107.18 of the Revised Code.	37386

(b) Individuals who have been exempted from the time limits	37387
set forth in section 5107.18 of the Revised Code and the reasons	37388
for the exemption.	37389

(12) Not later than January 1, 2001, and on a quarterly	37390
basis thereafter until December 1, 2003, prepare, to the extent	37391
the necessary data is available to the department, a report based	37392
on information determined under section 5107.80 of the Revised	37393
Code that states how many former Ohio works first participants	37394
entered the workforce during the most recent previous quarter for	37395
which the information is known and includes information regarding	37396
the earnings of those former participants. The report shall	37397
include a county-by-county breakdown and shall not contain the	37398
names or social security numbers of former participants.	37399

(B)(13) To the extent authorized by section 5101.801 of the	37400
Revised Code, enter into interagency agreements with state	37401
agencies for the administration of Title IV-A programs identified	37402
under division (A)(3)(c) and (d) of this section.	37403

(D) The department shall provide copies of the reports it	37404
receives under division (A)(9)(C)(10) of this section and prepares	37405
under divisions (A)(10),(C)(11), and (12) of this section to the	37406
governor, the president and minority leader of the senate, and the	37407
speaker and minority leader of the house of representatives. The	37408
department shall provide copies of the reports to any private or	37409
government entity on request.	37410

(C)(E) An authorized representative of the department or a	37411
county department of job and family services agency or state	37412
agency administering a Title IV-A program shall have access to all	37413
records and information bearing thereon for the purposes of	37414
investigations conducted pursuant to this section.	37415

Sec. 5101.801. (A) Except as otherwise provided by the law	37416
enacted by the general assembly or executive order issued by the	37417
governor establishing the Title IV-A program, a Title IV-A program	37418
identified under division (A)(3)(c) or (d) of section 5101.80 of	37419
the Revised Code shall provide benefits and services that are not	37420
"assistance" as defined in 45 C.F.R. 260.31(a) and are benefits	37421
and services that 45 C.F.R. 260.31(b) excludes from the definition	37422
of assistance.	37423

(B) Except as otherwise provided by the law enacted by the	37424
general assembly or executive order issued by the governor	37425
establishing the Title IV-A program, the department of job and	37426
family services shall do either of the following regarding a Title	37427
IV-A program identified under division (A)(3)(c) or (d) of section	37428
5101.80 of the Revised Code:	37429

(1) Administer the program or supervise a county family	37430
services agency's administration of the program;	37431

(2) Enter into an interagency agreement with a state agency	37432
for the state agency to administer the program under the	37433
department's supervision.	37434

(C) If the department administers or supervises the	37435
administration of a Title IV-A program identified under division	37436
(A)(3)(c) or (d) of section 5101.80 of the Revised Code pursuant	37437
to division (B)(1) of this section, the department may adopt rules	37438
governing the program. Rules governing financial and operational	37439
matters of the department or between the department and the county	37440
family services agency shall be adopted as internal management	37441
rules adopted in accordance with section 111.15 of the Revised	37442
Code. All other rules shall be adopted in accordance with Chapter	37443
119. of the Revised Code.	37444

(D) If the department enters into an interagency agreement	37445
regarding a Title IV-A program identified under division (A)(3)(c)	37446
or (d) of section 5101.80 of the Revised Code pursuant to division	37447
(B)(2) of this section, the agreement shall include at least all	37448
of the following:	37449

(1) A requirement that the state agency comply with the	37450
requirements for the program, including all of the following	37451
requirements established by federal statutes and regulations,	37452
state statutes and rules, the United States office of management	37453
and budget, and the Title IV-A state plan prepared under section	37454
5101.80 of the Revised Code:	37455

(a) Eligibility;

37456

(b) Reports;

37457

(c) Benefits and services;

37458

(d) Use of funds;

37459

(e) Appeals for applicants for, and recipients and former	37460
recipients of, the benefits and services;	37461

(f) Audits.

37462

(2) A complete description of all of the following:

37463

(a) The benefits and services that the program is to	37464
provide;	37465

(b) The methods of program administration;

37466

(c) The appeals process under section 5101.35 of the Revised	37467
Code for applicants for, and recipients and former recipients of,	37468
the program's benefits and services;	37469

(d) Other program and administrative requirements that the	37470
department requires be included.	37471

(3) Procedures for the department to approve a policy,	37472
established by rule or otherwise, that the state agency	37473
establishes for the program before the policy is established;	37474

(4) Provisions regarding how the department is to reimburse	37475
the state agency for allowable expenditures under the program that	37476
the department approves, including all of the following:	37477

(a) Limitations on administrative costs;

37478

(b) The department, at its discretion, withholding no more	37479
than five per cent of the funds that the department would	37480
otherwise provide to the state agency for the program or charging	37481
the state agency for the costs to the department of performing, or	37482
contracting for the performance of, audits and other	37483
administrative functions associated with the program.	37484

(5) If the state agency arranges by contract, grant, or	37485
other agreement for another entity to perform a function the state	37486
agency would otherwise perform regarding the program, the state	37487
agency's responsibilities for both of the following:	37488

(a) Ensuring that the entity complies with the interagency	37489
agreement between the state agency and department and federal	37490
statutes and regulations and state statutes and rules governing	37491
the use of funds for the program;	37492

(b) Auditing the entity in accordance with requirements	37493
established by the United States office of management and budget.	37494

(6) The state agency's responsibilities regarding the prompt	37495
payment, including any interest assessed, of any adverse audit	37496
finding, final disallowance of federal funds, or other sanction or	37497
penalty imposed by the federal government, auditor of state,	37498
department, a court, or other entity regarding funds for the	37499
program;	37500

(7) Provisions for the department to terminate the	37501
interagency agreement or withhold reimbursement from the state	37502
agency if either of the following occur:	37503

(a) The federal government disapproves the program or	37504
reduces federal funds for the program;	37505

(b) The state agency fails to comply with the terms of the	37506
interagency agreement.	37507

(E) To the extent consistent with the law enacted by the	37508
general assembly or executive order issued by the governor	37509
establishing the Title IV-A program and subject to the approval of	37510
the director of budget and management, the director of job and	37511
family services may terminate a Title IV-A program identified	37512
under division (A)(3)(c) or (d) of section 5101.80 of the Revised	37513
Code or reduce funding for the program if the director of job and	37514
family services determines that federal or state funds are	37515
insufficient to fund the program. If the director of budget and	37516
management approves the termination or reduction in funding for	37517
such a program, the director of job and family services shall	37518
issue instructions for the termination or funding reduction. If a	37519
county family services agency or state agency is administering the	37520
program, the county family services agency or state agency is	37521
bound by the termination or funding reduction and shall comply	37522
with the director's instructions.	37523

(F) The director of job and family services may adopt	37524
internal management rules in accordance with section 111.15 of the	37525
Revised Code as necessary to implement this section. The rules	37526
are binding on each county family services agency and state agency	37527
administering, pursuant to this section, a Title IV-A program	37528
identified in division (A)(3)(c) or (d) of section 5101.80 of the	37529
Revised Code.	37530

Sec. 5101.821.  Except as otherwise approved by the director	37531
of budget and management, the department of job and family	37532
services shall deposit federal funds received under Title IV-A of	37533
the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996),	37534
into the temporary assistance for needy families (TANF) federal	37535
fund, which is hereby created in the state treasury. The	37536
department shall use money in the fund for the Ohio works first	37537
program established under Chapter 5107. of the Revised Code; the	37538
prevention, retention, and contingency program established under	37539
Chapter 5108. of the Revised Code; and any other purposes	37540
consistent with Title IV-A, federal regulations, federal waivers	37541
granted by the United States secretary of health and human	37542
services, state law, the Title IV-A state plan and amendments	37543
submitted to the United States secretary of health and human	37544
services under section 5101.80 of the Revised Code, and rules	37545
adopted by the department under section 5107.05 of the Revised	37546
Code.	37547

Sec. 5101.83.  (A) As used in this section:

37548

(1) "Assistance group" has the same meaning as in sections	37549
5107.02 and 5108.01 of the Revised Code, except that it also means	37550
a group provided benefits and services under the prevention,	37551
retention, and contingency program because the members of the	37552
group share a common need for benefits and services.	37553

(2) "Fraudulent assistance" means assistance and service,	37554
including cash assistance, provided under the Ohio works first	37555
program established under Chapter 5107., or benefits and services	37556
provided under the prevention, retention, and contingency program	37557
established under Chapter 5108. of the Revised Code, to or on	37558
behalf of an assistance group that is provided as a result of	37559
fraud by a member of the assistance group, including an	37560
intentional violation of the program's requirements. "Fraudulent	37561
assistance" does not include assistance or servcesservices to or	37562
on be halfbehalf of an assistance group that is provided as a	37563
result of an error that is the fault of a county department of job	37564
and family services or the state department of job and family	37565
services.	37566

(B) If a county director of job and family services	37567
determines that an assistance group has received fraudulent	37568
assistance, the assistance group is ineligible to participate in	37569
the Ohio works first program or the prevention, retention, and	37570
contingency program until a member of the assistance group repays	37571
the cost of the fraudulent assistance. If a member repays the	37572
cost of the fraudulent assistance and the assistance group	37573
otherwise meets the eligibility requirements for the Ohio works	37574
first program or the prevention, retention, and contingency	37575
program, the assistance group shall not be denied the opportunity	37576
to participate in the program.	37577

This section does not limit the ability of a county	37578
department of job and family services to recover erroneous	37579
payments under section 5107.76 of the Revised Code.	37580

The state department of job and family services shall adopt	37581
rules in accordance with Chapter 119. of the Revised Code to	37582
implement this section.	37583

Sec. 5101.85.  As used in sections 5101.851 to 5101.854	37584
5101.853 of the Revised Code, "kinship caregiver" means any of the	37585
following who is eighteen years of age or older and is caring for	37586
a child in place of the child's parents:	37587

(A) The following individuals related by blood or adoption	37588
to the child:	37589

(1) Grandparents, including grandparents with the prefix	37590
"great,""great-great," or "great-great-great";	37591

(2) Siblings;

37592

(3) Aunts, uncles, nephews, and nieces, including such	37593
relatives with the prefix "great,""great-great,""grand," or	37594
"great-grand";	37595

(4) First cousins and first cousins once removed.

37596

(B) Stepparents and stepsiblings of the child;

37597

(C) Spouses and former spouses of individuals named in	37598
divisions (A) and (B) of this section;	37599

(D) A legal guardian of the child;

37600

(E) A legal custodian of the child.

37601

Sec. 5101.853.        Sec. 5101.851. (A) As used in this section,	37602
"qualified state expenditures" has the meaning provided by section	37603
409(a)(7)(B)(i) of the "Personal Responsibility and Work	37604
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42	37605
U.S.C.A. 609(a)(7)(B)(i).	37606

(B) Using qualified state expenditures and based on the	37607
recommendations of the kinship care services planning council, the	37608
The department of job and family services shallmay establish a	37609
program providing support services to kinship caregiversstatewide	37610
program of kinship care navigators to assist kinship caregivers	37611
who are seeking information regarding, or assistance obtaining,	37612
services and benefits available at the state and local level that	37613
addressesaddress the needs of those caregivers residing in each	37614
county. The department shall establish the program no later than	37615
March 31, 2000. The program shall provide to kinship caregivers	37616
information and referral services and assistance obtaining support	37617
services that includeincluding the following:	37618

(1)(A) Publicly funded child day-care;

37619

(2)(B) Respite care;

37620

(3)(C) Training related to caring for special needs	37621
children;	37622

(4)(D) A toll-free telephone number that may be called to	37623
obtain basic information about the rights of, and services	37624
available to, kinship caregivers;	37625

(5)(E) Legal services.

37626

Sec. 5101.852. Within available funds, the department of job	37627
and family services shall make payments to public children	37628
services agencies for the purpose of permitting the agencies to	37629
provide kinship care navigator information and referral services	37630
and assistance obtaining support services to kinship caregivers	37631
pursuant to the kinship care navigator program. The department	37632
may provide training and technical assistance concerning the needs	37633
of kinship caregivers to employees of public children services	37634
agencies and to persons or entities that serve kinship caregivers	37635
or perform the duties of a kinship care navigator and are under	37636
contract with an agency.	37637

Sec. 5101.854.        Sec. 5101.853.  The department of job and family	37638
services shallmay adopt rules in accordance with Chapter 119. of	37639
the Revised Code to implement the kinship care navigators program	37640
to provide support services to kinship caregivers. To the extent	37641
permitted by federal law and the Revised Code, the rules may	37642
expand eligibility for programs administered by the department in	37643
a manner making kinship caregivers eligible for the programs. The	37644
rules shall be adopted under Chapter 119. of the Revised Code,	37645
except that rules governing fiscal and administrative matters	37646
related to implementation of the navigators program are internal	37647
management rules and shall be adopted under section 111.15 of the	37648
Revised Code.	37649

Sec. 5103.031.  (A) Except as provided in section 5103.033	37650
of the Revised Code, the department of job and family services may	37651
not issue a certificate under section 5103.03 of the Revised Code	37652
to a foster home unless the foster caregiver successfully	37653
completes the following amount of preplacement training through	37654
the Ohio child welfare training program or a preplacement training	37655
program operated under section 5103.034 of the Revised Code:	37656

(1) If the foster home is a family foster home, at least	37657
twelve hours;	37658

(2) If the foster home is a specialized foster home, at	37659
least thirty-six hours.	37660

(B) No child may be placed in a family foster home unless	37661
the foster caregiver completes at least twelve additional hours of	37662
preplacement training through the Ohio child welfare training	37663
program or a preplacement training program operated under section	37664
5103.034 of the Revised Code.	37665

Sec. 5103.033.  The department of job and family services may	37666
issue or renew a certificate under section 5103.03 of the Revised	37667
Code to a foster home for the care of a child who is in the	37668
custody of a public children services agency or private child	37669
placing agency pursuant to an agreement entered into under section	37670
5103.15 of the Revised Code regarding a child who was less than	37671
six months of age on the date the agreement was executed if the	37672
foster caregiver successfully completes the following amount of	37673
training:	37674

(A) For an initial certificate, at least twelve hours of	37675
preplacement training through the Ohio child welfare training	37676
program or a preplacement training program operated under section	37677
5103.034 of the Revised Code;	37678

(B) For renewal of a certificate, at least twelve hours each	37679
year of continuing training in accordance with the foster	37680
caregiver's needs assessment and continuing training plan	37681
developed and implemented under section 5103.0345103.035 of the	37682
Revised Code.	37683

Sec. 5103.036.  For the purpose of determining whether a	37684
foster caregiver has satisfied the requirement of section 5103.031	37685
or 5103.032 of the Revised Code, a recommending agency shall	37686
accept training obtained from the Ohio child welfare training	37687
program or pursuant to a preplacement training program or	37688
continuing training program operated under section 5103.034 of the	37689
Revised Code regardless of whether the agency operated the	37690
preplacement training program or continuing training program. The	37691
agency may require that the foster caregiver successfully complete	37692
additional training as a condition of the agency recommending that	37693
the department of job and family services certify or recertify the	37694
foster caregiver's foster home under section 5103.03 of the	37695
Revised Code.	37696

Sec. 5103.0312. The department of job and family servicesA	37697
public children services agency, private child placing agency, or	37698
private noncustodial agency acting as a recommending agency for	37699
foster caregivers who hold certificates issued under section	37700
5103.03 of the Revised Code shall pay those foster caregivers who	37701
have been issued a foster home certificate and had at least one	37702
foster child placed in their home a stipend to reimburse them for	37703
attending training courses provided by the Ohio child welfare	37704
training program or pursuant to a preplacement training program or	37705
continuing training program operated under section 5103.034 of the	37706
Revised Code. The payment shall be based on a per diemstipend	37707
rate established by the department of job and family services. The	37708
payment to foster caregiversstipend rate shall be the same	37709
regardless of the type of recommending agency from which a foster	37710
caregiver seeks a recommendation. The department shall pay a	37711
foster caregiver for attending preplacement training courses	37712
during the first month a foster child is placed in the foster	37713
caregiver's home, pursuant to rules adopted under section	37714
5103.0316 of the Revised Code, reimburse the recommending agency	37715
for stipend payments it makes in accordance with this section.	37716

Sec. 5103.0313.  The department of job and family services	37717
shall reimburse athe following for the cost of providing	37718
preplacement and continuing training to foster caregivers:	37719

(A) The Ohio child welfare training program;

37720

(B) A public children services agency, private child placing	37721
agency, or private noncustodial agency for the cost to the agency	37722
of providing training to a foster caregiver through a preplacement	37723
training program or continuing training program operated under	37724
section 5103.034 of the Revised Code. The	37725

The reimbursement shall be on a per diem basis and limited to	37726
the cost associated with the trainer, obtaining a site at which	37727
the training is provided, and the administration of the training.	37728
A reimbursement rate shall be the same regardless of whether the	37729
training program is operated by the Ohio child welfare training	37730
program or a public children services agency, private child	37731
placing agency, or private noncustodial agency.	37732

Sec. 5103.0314.  The department of job and family services	37733
shall not reimburse a recommending agency for the cost of any	37734
training the agency requires a foster caregiver to undergo as a	37735
condition of the agency recommending the department certify or	37736
recertify the foster caregiver's foster home under section 5103.03	37737
of the Revised Code if the training is in addition to the minimum	37738
training required by section 5103.031 or 5103.032 of the Revised	37739
Code.	37740

Sec. 5103.0316.  Not later than ninety days after the	37741
effective date of this sectionJanuary 1, 2001, the department of	37742
job and family services shall adopt rules in accordance with	37743
Chapter 119. of the Revised Code as necessary for the efficient	37744
administration of sections 5103.031 to 5103.0316 of the Revised	37745
Code. The rules shall provide for all of the following:	37746

(A) For the purpose of section 5103.038 of the Revised Code,	37747
the date by which a public children services agency, private child	37748
placing agency, or private noncustodial agency that seeks to	37749
operate a preplacement training program or continuing training	37750
program under section 5103.034 of the Revised Code must submit to	37751
the department a proposal outlining the program;	37752

(B) Requirements governing the department's reimbursement of	37753
the Ohio child welfare training program and public children	37754
services agencies, private child placing agencies, and private	37755
noncustodial agencies under sectionsections 5103.0312 and	37756
5103.0313 of the Revised Code;	37757

(C) Any other matter the department considers appropriate.

37758

Sec. 5103.07.  The department of job and family services	37759
shall administer funds received under Title IV-B of the "Social	37760
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 620, as amended,	37761
and the "Child Abuse Prevention and Treatment Act," 88 Stat. 4	37762
(1974), 42 U.S.C.A. 5101, as amended, and the "Family Violence	37763
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	37764
10401, as amended. In administering these funds, the department	37765
may establish a child welfare services program,and a child abuse	37766
and neglect prevention and adoption reform program, and a family	37767
violence prevention program. The department has all powers	37768
necessary for the adequate administration of these funds and	37769
programs. The director of job and family services may adopt	37770
internal management rules in accordance with section 111.15 of the	37771
Revised Code and issue appropriate orders as necessary for the	37772
adequate administration of these funds and programsto carry out	37773
the purposes of this section.	37774

Sec. 5104.32.  (A) Except as provided in division (C) of	37775
this section, all purchases of publicly funded child day-care	37776
shall be made under a contract entered into by a licensed child	37777
day-care center, licensed type A family day-care home, certified	37778
type B family day-care home, certified in-home aide, approved	37779
child day camp, licensed preschool program, licensed school child	37780
program, or border state child day-care provider and the county	37781
department of job and family services. A county department of job	37782
and family services may enter into a contract with a provider for	37783
publicly funded child day-care for a specified period of time or	37784
upon a continuous basis for an unspecified period of time. All	37785
contracts for publicly funded child day-care shall be contingent	37786
upon the availability of state and federal funds. The department	37787
of job and family services shall prescribe a standard form to be	37788
used for all contracts for the purchase of publicly funded child	37789
day-care, regardless of the source of public funds used to	37790
purchase the child day-care. To the extent permitted by federal	37791
law and notwithstanding any other provision of the Revised Code	37792
that regulates state or county contracts or contracts involving	37793
the expenditure of state, county, or federal funds, all contracts	37794
for publicly funded child day-care shall be entered into in	37795
accordance with the provisions of this chapter and are exempt from	37796
any other provision of the Revised Code that regulates state or	37797
county contracts or contracts involving the expenditure of state,	37798
county, or federal funds.	37799

(B) Each contract for publicly funded child day-care shall	37800
specify at least the following:	37801

(1) Except as provided in division (B)(2) of this section,	37802
that the provider of publicly funded child day-care agrees to be	37803
paid for rendering services at the lower of the rate customarily	37804
charged by the provider for children enrolled for child day-care	37805
or the rate of reimbursement established pursuant to section	37806
5104.30 of the Revised Code;	37807

(2) If the provider provides publicly funded child day-care	37808
to caretaker parents who work nontraditional hours, that the	37809
provider is to be paid for rendering services to those caretaker	37810
parents at the rate of reimbursement established pursuant to	37811
section 5104.30 of the Revised Code regardless of whether that	37812
rate is higher than the rate the provider customarily charges for	37813
children enrolled for child day-care;	37814

(3) That, if a provider provides child day-care to an	37815
individual potentially eligible for publicly funded child day-care	37816
who is subsequently determined to be eligible, the county	37817
department agrees to pay for all child day-care provided between	37818
the date the county department receives the individual's completed	37819
application and the date the individual's eligibility is	37820
determined;	37821

(4) Whether the county department of job and family	37822
services, the provider, or a child day-care resource and referral	37823
service organization will make eligibility determinations, whether	37824
the provider or a child day-care resource and referral service	37825
organization will be required to collect information to be used by	37826
the county department to make eligibility determinations, and the	37827
time period within which the provider or child day-care resource	37828
and referral service organization is required to complete required	37829
eligibility determinations or to transmit to the county department	37830
any information collected for the purpose of making eligibility	37831
determinations;	37832

(5) That the provider, other than a border state child	37833
day-care provider, shall continue to be licensed, approved, or	37834
certified pursuant to this chapter or sections 3301.52 to 3301.59	37835
of the Revised Code and shall comply with all standards and other	37836
requirements in this chapter and those sections and in rules	37837
adopted pursuant to this chapter or those sections for maintaining	37838
the provider's license, approval, or certification;	37839

(6) That, in the case of a border state child day-care	37840
provider, the provider shall continue to be licensed, certified,	37841
or otherwise approved by the state in which the provider is	37842
located and shall comply with all standards and other requirements	37843
established by that state for maintaining the provider's license,	37844
certificate, or other approval;	37845

(7) Whether the provider will be paid by the county	37846
department of job and family services or the state department of	37847
job and family services;	37848

(8) That the contract is subject to the availability of	37849
state and federal funds;	37850

(9) That, for each six-month period the provider provides	37851
publicly funded child day-care to a child, the provider will be	37852
paid for up to ten days, or, at the option of the county	37853
department, a greater number of days, the provider would have	37854
provided the child publicly funded child day-care had the child	37855
been present.	37856

(C) Unless specifically prohibited by federal law, the	37857
county department of job and family services shall give	37858
individuals eligible for publicly funded child day-care the option	37859
of obtaining certificates for payment that the individual may use	37860
to purchase services from any provider qualified to provide	37861
publicly funded child day-care under section 5104.31 of the	37862
Revised Code. Providers of publicly funded child day-care may	37863
present these certificates for payment for reimbursement in	37864
accordance with rules that the director of job and family services	37865
shall adopt. Only providers may receive reimbursement for	37866
certificates for payment. The value of the certificate for	37867
payment shall be based on the lower of the rate customarily	37868
charged by the provider or the rate of reimbursement established	37869
pursuant to section 5104.30 of the Revised Code, unless the	37870
provider provides publicly funded child day-care to caretaker	37871
parents who work nontraditional hours, in which case the value of	37872
the certificate for payment for the services to those caretaker	37873
parents shall be based on the rate of reimbursement established	37874
pursuant to that section regardless of whether that rate is higher	37875
than the rate customarily charged by the provider. The county	37876
department may provide the certificates for payment to the	37877
individuals or may contract with child day-care providers or child	37878
day-care resource and referral service organizations that make	37879
determinations of eligibility for publicly funded child day-care	37880
pursuant to contracts entered into under section 5104.34 of the	37881
Revised Code for the providers or resource and referral service	37882
organizations to provide the certificates for payment to	37883
individuals whom they determine are eligible for publicly funded	37884
child day-care.	37885

For each six-month period a provider of publicly funded child	37886
day-care provides publicly funded child day-care to the child of	37887
an individual given certificates of payment, the individual shall	37888
provide the provider certificates for days the provider would have	37889
provided publicly funded child day-care to the child had the child	37890
been present. County departments shall specify the maximum number	37891
of days providers will be provided certificates of payment for	37892
days the provider would have provided publicly funded child	37893
day-care had the child been present. The maximum number of days	37894
shall be at leastnot exceed ten days in a six-month period during	37895
which publicly funded child day-care is provided to the child	37896
regardless of the number of providers that provide publicly funded	37897
child day-care to the child during that period.	37898

Sec. 5104.341.  (A) Except as provided in division (B) of	37899
this section, both of the following apply:	37900

(1) An eligibility determination made under section 5104.34	37901
of the Revised Code for publicly funded child day-care is valid	37902
for one year;	37903

(2) AThe county department of job and family services shall	37904
redetermine the appropriate level of a fee charged under division	37905
(B) of section 5104.34 of the Revised Code shall not be changed	37906
every six months during the one-year period, unless a caretaker	37907
parent requests that the fee be reduced due to changes in income,	37908
family size, or both and the county department of job and family	37909
services approves the reduction.	37910

(B) Division (A) of this section does not apply in either of	37911
the following circumstances:	37912

(1) The publicly funded child day-care is provided under	37913
division (B)(4) of section 5104.35 of the Revised Code;	37914

(2) The recipient of the publicly funded child day-care	37915
ceases to be eligible for publicly funded child day-care.	37916

Sec. 5107.02.  As used in this chapter:

37917

(A) "Adult" means an individual who is not a minor child.

37918

(B) "Assistance group" means a group of individuals treated	37919
as a unit for purposes of determining eligibility for and the	37920
amount of assistance provided under Ohio works first.	37921

(C) "Custodian" means an individual who has legal custody, as	37922
defined in section 2151.011 of the Revised Code, of a minor child	37923
or comparable status over a minor child created by a court of	37924
competent jurisdiction in another state.	37925

(D) "Guardian" means an individual that is granted authority	37926
by a probate court pursuant to Chapter 2111. of the Revised Code,	37927
or a court of competent jurisdiction in another state, to exercise	37928
parental rights over a minor child to the extent provided in the	37929
court's order and subject to residual parental rights of the minor	37930
child's parents.	37931

(E) "Minor child" means either of the following:

37932

(1) An individual who has not attained age eighteen;

37933

(2) An individual who has not attained age nineteen and is a	37934
full-time student in a secondary school or in the equivalent level	37935
of vocational or technical training.	37936

(F) "Minor head of household" means a minor child who is a	37937
either of the following:	37938

(1) At least six months pregnant and a member of an	37939
assistance group that does not include an adult;	37940

(2) A parent of a child included in the same assistance	37941
group that does not include an adult.	37942

(G) "Ohio works first" means the program established by this	37943
chapter known as temporary assistance for needy families in Title	37944
IV-A.	37945

(H) "Payment standard" means the amount specified in rules	37946
adopted under section 5107.05 of the Revised Code that is the	37947
maximum amount of cash assistance an assistance group may receive	37948
under Ohio works first from state and federal funds.	37949

(I) "Specified relative" means the following individuals who	37950
are age eighteen or older:	37951

(1) The following individuals related by blood or adoption:

37952

(a) Grandparents, including grandparents with the prefix	37953
"great," "great-great," or "great-great-great";	37954

(b) Siblings;

37955

(c) Aunts, uncles, nephews, and nieces, including such	37956
relatives with the prefix "great," "great-great," "grand," or	37957
"great-grand";	37958

(d) First cousins and first cousins once removed.

37959

(2) Stepparents and stepsiblings;

37960

(3) Spouses and former spouses of individuals named in	37961
division (I)(1) or (2) of this section.	37962

(J) "Title IV-A" or "Title IV-D" means Title IV-A or Title	37963
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	37964
301, as amended.	37965

Sec. 5107.10.  (A) As used in this section:

37966

(1) "Countable income," "gross earned income," and "gross	37967
unearned income" have the meanings established in rules adopted	37968
under section 5107.05 of the Revised Code.	37969

(2) "Gross income" means gross earned income and gross	37970
unearned income.	37971

(3) "Strike" means continuous concerted action in failing to	37972
report to duty; willful absence from one's position; or stoppage	37973
of work in whole from the full, faithful, and proper performance	37974
of the duties of employment, for the purpose of inducing,	37975
influencing, or coercing a change in wages, hours, terms, and	37976
other conditions of employment. "Strike" does not include a	37977
stoppage of work by employees in good faith because of dangerous	37978
or unhealthful working conditions at the place of employment that	37979
are abnormal to the place of employment.	37980

(B) Under the Ohio works first program, an assistance group	37981
shall receive, except as otherwise provided by this chapter,	37982
time-limited cash assistance. In the case of an assistance group	37983
that includes a minor head of household or adult, assistance shall	37984
be provided in accordance with the self-sufficiency contract	37985
entered into under section 5107.14 of the Revised Code.	37986

(C) To be eligible to participate in Ohio works first, an	37987
assistance group must meet all of the following requirements:	37988

(1) The assistance group, except as provided in division (E)	37989
of this section, must include at least one of the following:	37990

(a) A minor child who, except as provided in section 5107.24	37991
of the Revised Code, resides with a parent, or specified relative	37992
caring for the child, or, to the extent permitted by Title IV-A	37993
and federal regulations adopted until Title IV-A, resides with a	37994
guardian or custodian caring for the child;	37995

(b) A parent residing with and caring for the parent's minor	37996
child who receives supplemental security income under Title XVI of	37997
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	37998
as amended, or federal, state, or local adoption assistance;	37999

(c) A specified relative residing with and caring for a	38000
minor child who is related to the specified relative in a manner	38001
that makes the specified relative a specified relative and	38002
receives supplemental security income or federal, state, or local	38003
foster care or adoption assistance;	38004

(d) A woman at least six months pregnant.

38005

(2) The assistance group must meet the income requirements	38006
established by division (D) of this section.	38007

(3) No member of the assistance group may be involved in a	38008
strike.	38009

(4) The assistance group must satisfy the requirements for	38010
Ohio works first established by this chapter and sections 5101.19,	38011
5101.58, 5101.59, and 5101.83 of the Revised Code.	38012

(5) The assistance group must meet requirements for Ohio	38013
works first established by rules adopted under section 5107.05 of	38014
the Revised Code.	38015

(D)(1) Except as provided in division (D)(3) of this	38016
section, to determine whether an assistance group is initially	38017
eligible to participate in Ohio works first, a county department	38018
of job and family services shall do the following:	38019

(a) Determine whether the assistance group's gross income	38020
exceeds the following amount:	38021

For each person in the assistance group that brings the	38038
assistance group to more than fifteen persons, add one hundred two	38039
dollars to the amount of gross income for an assistance group of	38040
fifteen specified in division (D)(1)(a) of this section.	38041

In making this determination, the county department shall	38042
disregard amounts that federal statutes or regulations and	38043
sections 5101.17 and 5117.10 of the Revised Code require be	38044
disregarded. The assistance group is ineligible to participate in	38045
Ohio works first if the assistance group's gross income, less the	38046
amounts disregarded, exceeds the amount specified in division	38047
(D)(1)(a) of this section.	38048

(b) If the assistance group's gross income, less the amounts	38049
disregarded pursuant to division (D)(1)(a) of this section, does	38050
not exceed the amount specified in that division, determine	38051
whether the assistance group's countable income is less than the	38052
payment standard. The assistance group is ineligible to	38053
participate in Ohio works first if the assistance group's	38054
countable income equals or exceeds the payment standard.	38055

(2) To determine whether an assistance group participating	38056
in Ohio works first continues to be eligible to participate, a	38057
county department of job and family services shall determine	38058
whether the assistance group's countable income continues to be	38059
less than the payment standard. In making this determination, the	38060
county department shall disregard the first two hundred fifty	38061
dollars and fifty per cent of the remainder of the assistance	38062
group's gross earned income. No amounts shall be disregarded from	38063
the assistance group's gross unearned income. The assistance	38064
group ceases to be eligible to participate in Ohio works first if	38065
its countable income, less the amounts disregarded, equals or	38066
exceeds the payment standard.	38067

(3) If an assistance group reapplies to participate in Ohio	38068
works first not more than four months after ceasing to	38069
participate, a county department of job and family services shall	38070
use the income requirement established by division (D)(2) of this	38071
section to determine eligibility for resumed participation rather	38072
than the income requirement established by division (D)(1) of this	38073
section.	38074

(E)(1) An assistance group may continue to participate in	38075
Ohio works first even though a public children services agency	38076
removes the assistance group's minor children from the assistance	38077
group's home due to abuse, neglect, or dependency if the agency	38078
does both of the following:	38079

(a) Notifies the county department of job and family	38080
services at the time the agency removes the children that it	38081
believes the children will be able to return to the assistance	38082
group within six months;	38083

(b) Informs the county department at the end of each of the	38084
first five months after the agency removes the children that the	38085
parent, guardian, custodian, or specified relative of the children	38086
is cooperating with the case plans prepared for the children under	38087
section 2151.412 of the Revised Code and that the agency is making	38088
reasonable efforts to return the children to the assistance group.	38089

(2) An assistance group may continue to participate in Ohio	38090
works first pursuant to division (E)(1) of this section for not	38091
more than six payment months. This division does not affect the	38092
eligibility of an assistance group that includes a woman at least	38093
six months pregnant.	38094

Sec. 5107.14.  An assistance group is ineligible to	38095
participate in Ohio works first unless the minor head of household	38096
or each adult member of the assistance group, not later than	38097
thirty days after applying for or undergoing a redetermination of	38098
eligibility for the program, enters into a written	38099
self-sufficiency contract with the county department of job and	38100
family services. The contract shall set forth the rights and	38101
responsibilities of the assistance group as applicants for and	38102
participants of the program, including work responsibilities	38103
established under sections 5107.40 to 5107.69 of the Revised Code	38104
and other requirements designed to assist the assistance group in	38105
achieving self sufficiency and personal responsibility. The	38106
county department shall provide without charge a copy of the	38107
contract to each assistance group member who signs it.	38108

Each self-sufficiency contract shall include, based on	38109
appraisals conducted under section 5107.41 of the Revised Code and	38110
assessments conducted under section 5107.70 of the Revised Code,	38111
the following:	38112

(A) The assistance group's plan, developed under section	38113
5107.41 of the Revised Code, to achieve the goal of self	38114
sufficiency and personal responsibility through unsubsidized	38115
employment within the time limit for participating in Ohio works	38116
first established by section 5107.18 of the Revised Code;	38117

(B) Work activities, developmental activities, and	38118
alternative work activities to which members of the assistance	38119
group are assigned under sections 5107.40 to 5107.69 of the	38120
Revised Code;	38121

(C) The responsibility of a caretaker member of the	38122
assistance group to cooperate in establishing a minor child's	38123
paternity and establishing, modifying, and enforcing a support	38124
order for the child in accordance with section 5107.22 of the	38125
Revised Code;	38126

(D) Other responsibilities that members of the assistance	38127
group must satisfy to participate in Ohio works first and the	38128
consequences for failure or refusal to satisfy the	38129
responsibilities;	38130

(E) An agreement that the assistance group will comply with	38131
the conditions of participating in Ohio works first established by	38132
this chapter and sections 5101.19, 5101.58, 5101.59, and 5101.83	38133
of the Revised Code;	38134

(F) Assistance and services the county department will	38135
provide to the assistance group;	38136

(G) Assistance and services the child support enforcement	38137
agency and public children services agency will provide to the	38138
assistance group pursuant to a plan of cooperation entered into	38139
under section 307.983 of the Revised Code;	38140

(H) Other provisions designed to assist the assistance group	38141
in achieving self sufficiency and personal responsibility;	38142

(I) Procedures for assessing whether responsibilities are	38143
being satisfied and whether the contract should be amended;	38144

(J) Procedures for amending the contract.

38145

Sec. 5107.18.  (A) Except as provided in divisions (B), (C),	38146
(D), and (E) of this section, an assistance group is ineligible to	38147
participate in Ohio works first if the assistance group includes	38148
an adultindividual who has participated in the program for	38149
thirty-six months as any of the following: an adult head of	38150
household, minor head of household, or spouse of an adult head of	38151
household or minor head of household. The time limit applies	38152
regardless of whether the thirty-six months are consecutive.	38153

(B) An assistance group that has ceased to participate in	38154
Ohio works first pursuant to division (A) of this section for at	38155
least twenty-four months, whether consecutive or not, may reapply	38156
to participate in the program if good cause exists as determined	38157
by the county department of job and family services. Good cause	38158
may include losing employment, inability to find employment,	38159
divorce, domestic violence considerations, and unique personal	38160
circumstances. The assistance group must provide a county	38161
department of job and family services verification acceptable to	38162
the county department of whether any members of the assistance	38163
group had employment during the period the assistance group was	38164
not participating in Ohio works first and the amount and sources	38165
of the assistance group's income during that period. If a county	38166
department is satisfied that good cause exists for the assistance	38167
group to reapply to participate in Ohio works first, the	38168
assistance group may reapply. Except as provided in divisions	38169
(C), (D), and (E) of this section, the assistance group may not	38170
participate in Ohio works first for more than twenty-four	38171
additional months. The time limit applies regardless of whether	38172
the twenty-four months are consecutive.	38173

(C) In determining the number of months a parent or pregnant	38174
woman has received assistance under Title IV-A, a county	38175
department of job and family services shall disregard any month	38176
during which the parent or pregnant woman was a minor child but	38177
was neither a minor head of household nor married to the head of	38178
an assistance group.	38179

(D) In determining the number of months an adult has	38180
received assistance under Title IV-A, a county department of job	38181
and family services shall disregard any month during which the	38182
adult lived on an Indian reservation or in an Alaska native	38183
village, as those terms are used in 42 U.S.C.A. 608(a)(7)(D), if,	38184
during the month, at least one thousand individuals lived on the	38185
reservation or in the village and at least fifty per cent of the	38186
adults living on the reservation or in the village were	38187
unemployed.	38188

(E) A county department of job and family services may	38189
exempt not more than twenty per cent of the average monthly number	38190
of Ohio works first participantsassistance groups from the time	38191
limit established by this section on the grounds that the county	38192
department determines that the time limit is a hardship. In the	38193
case of the time limit established by division (A) of this	38194
section, a county department may not exempt an assistance group	38195
until the group has exhausted its thirty-six months of cash	38196
assistance.	38197

(F) The department of job and family services shall	38198
continually monitor the percentage of the average monthly number	38199
of Ohio works first participantsassistance groups in each county	38200
that is exempted under division (E) of this section from the time	38201
limit established by this section. On determining that the	38202
percentage in any county equals or exceeds eighteen per cent, the	38203
department shall immediately notify the county department of job	38204
and family services.	38205

(G) Only participation in Ohio works first on or after	38206
October 1, 1997, applies to the time limit established by this	38207
section. The time limit applies regardless of the source of	38208
funding for the program. Assistance under Title IV-A provided by	38209
any state applies to the time limit. The time limit is a lifetime	38210
limit. No assistance group shall receive assistance under the	38211
program in violation of the time limit for assistance under Title	38212
IV-A established by section 408(a)(7) of the "Social Security	38213
Act," as amended by the "Personal Responsibility and Work	38214
Opportunity Reconciliation Act of 1996," 110 Stat. 2105, 42	38215
U.S.C.A. 608 (a)(7).	38216

Sec. 5108.01.  As used in this chapter:

38217

(A) "Assistance group" means a group of individuals treated	38218
as a unit for purposes of determining eligibility for the	38219
prevention, retention, and contingency program.	38220

(B) "Minor child" means either of the following:

38221

(1) An individual who has not attained age eighteen;

38222

(2) An individual who has not attained age nineteen and is a	38223
full-time student in a secondary school or in the equivalent level	38224
of vocational or technical training.	38225

(C) "Prevention, retention, and contingency program" means	38226
the program established by this chapter and funded in part with	38227
federal funds provided under Title IV-A.	38228

(D)(C) "Title IV-A" means Title IV-A of the "Social Security	38229
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	38230

Sec. 5108.06.        Sec. 5108.03.  Under the prevention, retention, and	38231
contingency program, an assistance group that includes at least	38232
one minor child or a pregnant woman and meets the program's	38233
eligibility requirementsa county department of job and family	38234
services shall receive assistance orprovide benefits and services	38235
neededthat individuals need to overcome immediate barriers to	38236
achieving or maintaining self sufficiency and personal	38237
responsibility. A county department shall provide the benefits and	38238
services in accordance with either the model design for the	38239
program that the department of job and family services develops	38240
under section 5108.05 of the Revised Code or the county	38241
department's own policies for the program developed under section	38242
5108.06 of the Revised Code.	38243

Sec. 5108.07.        Sec. 5108.05.  The department of job and family	38244
services shall develop a model design for the prevention,	38245
retention, and contingency program that county departments of job	38246
and family services may adopt under section 5108.085108.06 of the	38247
Revised Code. The model design must be consistent with Title IV-A,	38248
federal regulations, state law, the Title IV-A state plan	38249
submitted to the United States secretary of health and human	38250
services under section 5101.80 of the Revised Code, and amendments	38251
to the plan. No rules shall be adopted to develop the model	38252
design. The department shall provide each county department a	38253
written copy of the model design.	38254

Sec. 5108.08.        Sec. 5108.06.  Each county department of job and	38255
family services shall either adopt the model design for the	38256
prevention, retention, and contingency program the department of	38257
job and family services develops under section 5108.075108.05 of	38258
the Revised Code or develop its own policies for the program. To	38259
develop its own policies, a county department shall adopt a	38260
written statement of the policies governing the program. The	38261
policies may be a modification of the model design, different from	38262
the model design, or a combination. The policies shall establish	38263
or specify eligibility requirements, assistance or services to be	38264
provided under the program, administrative requirements, and other	38265
matters the county department determines necessary. A county	38266
department may amend its statement of policies to modify,	38267
terminate, and establish new policies. The policies must be	38268
consistent with Title IV-A, federal regulations, state law, the	38269
Title IV-A state plan submitted to the United States secretary of	38270
health and human services under section 5101.80 of the Revised	38271
Code, and amendments to the plan.	38272

A county department of job and family services shall inform	38273
the department of job and family services of whether it has	38274
adopted the model design or developed its own policies for the	38275
prevention, retention, and contingency program. If a county	38276
department develops its own policies, it shall provide the	38277
department a written copy of the statement of policies and any	38278
amendments it adopts to the statement.	38279

Sec. 5108.07. The model design for the prevention,	38280
retention, and contingency program that the department of job and	38281
family services develops under section 5108.05 of the Revised Code	38282
and policies for the program that a county department of job and	38283
family services may develop under section 5108.06 of the Revised	38284
Code shall establish or specify eligibility requirements for	38285
assistance groups that apply for the program under section 5108.10	38286
of the Revised Code, benefits and services to be provided under	38287
the program to assistance groups, administrative requirements, and	38288
other matters the department, in the case of the model design, or	38289
a county department, in the case of county policies, determine are	38290
necessary.	38291

The model design and a county department's policies may	38292
establish eligibility requirements for, and specify benefits and	38293
services to be provided to, types of groups, such as students in	38294
the same class, that share a common need for the benefits and	38295
services. If the model design or a county department's policies	38296
include such a provision, the model design or county department's	38297
policies shall require that each individual who is to receive the	38298
benefits and services meet the eligibility requirements	38299
established for the type of group of which the individual is a	38300
member. The model design or county department's policies also	38301
shall require that the county department providing the benefits	38302
and services certify the group's eligibility, specify the duration	38303
that the group is to receive the benefits and services, and	38304
maintain the eligibility information for each member of the group	38305
receiving the benefits and services.	38306

The model design and a county department's policies may	38307
specify benefits and services that a county department may provide	38308
for the general public, including billboards that promote the	38309
prevention, and reduction in the incidence, of out-of-wedlock	38310
pregnancies or encourage the formation and maintenance of	38311
two-parent families.	38312

The model design and a county department's policies must be	38313
consistent with Title IV-A, federal regulations, state law, the	38314
Title IV-A state plan submitted to the United States secretary of	38315
health and human services under section 5101.80 of the Revised	38316
Code, and amendments to the plan. All benefits and services to be	38317
provided under the model design or a county department's policies	38318
must be allowable uses of federal Title IV-A funds as specified in	38319
42 U.S.C.A. 604(a), except that they may not be "assistance" as	38320
defined in 45 C.F.R. 260.31(a). The benefits and services shall	38321
be benefits and services that 45 C.F.R. 260.31(b) excludes from	38322
the definition of assistance.	38323

Sec. 5108.08. Benefits and services provided under the	38324
prevention, retention, and contingency program are inalienable	38325
whether by way of assignment, charge, or otherwise and exempt from	38326
execution, attachment, garnishment, and other like process.	38327

Sec. 5108.09.  When a state hearing under division (B) of	38328
section 5101.35 of the Revised Code or an administrative appeal	38329
under division (C) of that section is held regarding the	38330
prevention, retention, and contingency program, the hearing	38331
officer, director of job and family services, or director's	38332
designee shall base the decision in the hearing or appeal on the	38333
following:	38334

(A) If the county department of job and family services	38335
involved in the hearing or appeal adopted the department of job	38336
and family services' model design for the program developed under	38337
section 5108.075108.05 of the Revised Code, the model design;	38338

(B) If the county department developed its own policies for	38339
the program, the county department's written statement of policies	38340
adopted under section 5108.085108.06 of the Revised Code and any	38341
amendments the county department adopted to the statement.	38342

Sec. 5108.10.  An assistance group seeking to participate in	38343
the prevention, retention, and contingency program shall apply to	38344
a county department of job and family services using an	38345
application containing information the county department requires.	38346

When a county department receives an application for	38347
participation in the prevention, retention, and contingency	38348
program, it shall promptly make an investigation and record of the	38349
circumstances of the applicant in order to ascertain the facts	38350
surrounding the application and to obtain such other information	38351
as may be required. On completion of the investigation, the	38352
county department shall determine whether the applicant is	38353
eligible to participate, the assistancebenefits or services the	38354
applicant should receive, and the approximate date when	38355
participation is to begin.	38356

Sec. 5111.01.  As used in this chapter, "medical assistance	38357
program" or "medicaid" means the program that is authorized by	38358
this sectionchapter and provided by the department ifof job and	38359
family services under this chapter, Title XIX of the "Social	38360
Security Act," 4979 Stat. 620286 (19351965), 42 U.S.C.A. 301	38361
1396, as amended, and the waivers of Title XIX requirements	38362
granted to the department by the health care financing	38363
administration of the United States department of health and human	38364
services.	38365

The department of job and family services shall act as the	38366
single state agency to supervise the administration of the	38367
medicaid program. As the single state agency, the department	38368
shall comply with 42 C.F.R. 431.10(e). The department's rules	38369
governing medicaid are binding on other agencies that administer	38370
components of the medicaid program. No agency may establish, by	38371
rule or otherwise, a policy governing medicaid that is	38372
inconsistent with a medicaid policy established, in rule or	38373
otherwise, by the director of job and family services.	38374

(A) The department of job and family services may provide	38375
medical assistance under the medicaid program as long as federal	38376
funds are provided for such assistance, to the following:	38377

(1) Families with children that meet either of the following	38378
conditions:	38379

(a) The family meets the income, resource, and family	38380
composition requirements in effect on July 16, 1996, for the	38381
former aid to dependent children program as those requirements	38382
were established by Chapter 5107. of the Revised Code, federal	38383
waivers granted pursuant to requests made under former section	38384
5101.09 of the Revised Code, and rules adopted by the department	38385
or any changes the department makes to those requirements in	38386
accordance with paragraph (a)(2) of section 114 of the "Personal	38387
Responsibility and Work Opportunity Reconciliation Act of 1996,"	38388
110 Stat. 2177, 42 U.S.C.A. 1396u-1, for the purpose of	38389
implementing section 5111.019 of the Revised Code. An adult loses	38390
eligibility for medical assistance under division (A)(1)(a) of	38391
this section pursuant to division (E) of section 5107.16 of the	38392
Revised Code.	38393

(b) The family does not meet the requirements specified in	38394
division (A)(1)(a) of this section but is eligible for medical	38395
assistance pursuant to section 5101.18 of the Revised Code.	38396

(2) Aged, blind, and disabled persons who meet the following	38397
conditions:	38398

(a) Receive federal aid under Title XVI of the "Social	38399
Security Act," or are eligible for but are not receiving such aid,	38400
provided that the income from all other sources for individuals	38401
with independent living arrangements shall not exceed one hundred	38402
seventy-five dollars per month. The income standards hereby	38403
established shall be adjusted annually at the rate that is used by	38404
the United States department of health and human services to	38405
adjust the amounts payable under Title XVI.	38406

(b) Do not receive aid under Title XVI, but meet any of the	38407
following criteria:	38408

(i) Would be eligible to receive such aid, except that their	38409
income, other than that excluded from consideration as income	38410
under Title XVI, exceeds the maximum under division (A)(2)(a) of	38411
this section, and incurred expenses for medical care, as	38412
determined under federal regulations applicable to section 209(b)	38413
of the "Social Security Amendments of 1972," 86 Stat. 1381, 42	38414
U.S.C.A. 1396a(f), as amended, equal or exceed the amount by which	38415
their income exceeds the maximum under division (A)(2)(a) of this	38416
section;	38417

(ii) Received aid for the aged, aid to the blind, or aid for	38418
the permanently and totally disabled prior to January 1, 1974, and	38419
continue to meet all the same eligibility requirements;	38420

(iii) Are eligible for medical assistance pursuant to	38421
section 5101.18 of the Revised Code.	38422

(3) Persons to whom federal law requires, as a condition of	38423
state participation in the medicaid program, that medical	38424
assistance be provided;	38425

(4) Persons under age twenty-one who meet the income	38426
requirements for the Ohio works first program established under	38427
Chapter 5107. of the Revised Code but do not meet other	38428
eligibility requirements for the program. The director shall	38429
adopt rules in accordance with Chapter 119. of the Revised Code	38430
specifying which Ohio works first requirements shall be waived for	38431
the purpose of providing medicaid eligibility under division	38432
(A)(4) of this section.	38433

(B) If funds are appropriated for such purpose by the	38434
general assembly, the department may provide medical assistance to	38435
persons in groups designated by federal law as groups to which a	38436
state, at its option, may provide medical assistance under the	38437
medicaid program.	38438

(C) The department may expand eligibility for medical	38439
assistance to include individuals under age nineteen with family	38440
incomes at or below one hundred fifty per cent of the federal	38441
poverty guidelines, except that the eligibility expansion shall	38442
not occur unless the department receives the approval of the	38443
federal government. The department may implement the eligibility	38444
expansion authorized under this division on any date selected by	38445
the department, but not sooner than January 1, 1998.	38446

(D) In addition to any other authority or requirement to	38447
adopt rules under this chapter, the director may adopt rules in	38448
accordance with section 111.15 of the Revised Code as the director	38449
considers necessary to establish standards, procedures, and other	38450
requirements regarding the provision of medical assistance. The	38451
rules may establish requirements to be followed in applying for	38452
medical assistance, making determinations of eligibility for	38453
medical assistance, and verifying eligibility for medical	38454
assistance. The rules may include special conditions as the	38455
department determines appropriate for making applications,	38456
determining eligibility, and verifying eligibility for any medical	38457
assistance that the department may provide pursuant to division	38458
(C) of this section and section 5111.014 or 5111.019 of the	38459
Revised Code.	38460

Sec. 5111.0110. (A) The director of job and family services	38461
shall submit to the United States secretary of health and human	38462
services an amendment to the state medicaid plan to implement the	38463
"Breast and Cervical Cancer Prevention and Treatment Act of 2000,"	38464
114 Stat. 1381, 42 U.S.C.A. 1396a, as amended, to provide medical	38465
assistance to women who meet all of the following requirements:	38466

(1) Are under age sixty-five;

38467

(2) Are not otherwise eligible for medicaid;

38468

(3) Have been screened for breast and cervical cancer under	38469
the centers for disease control and prevention breast and cervical	38470
cancer early detection program established under 42 U.S.C.A. 300k	38471
in accordance with 42 U.S.C.A. 300n;	38472

(4) Need treatment for breast or cervical cancer;

38473

(5) Are not otherwise covered under creditable coverage, as	38474
defined in 42 U.S.C.A. 300gg(c).	38475

(B) If the United States secretary of health and human	38476
services approves the state medicaid plan amendment submitted	38477
under division (A) of this section, the director of job and family	38478
services shall implement the amendment. The medical assistance	38479
provided under the amendment shall be limited to medical	38480
assistance provided during the period in which a woman who meets	38481
the requirements of division (A) of this section requires	38482
treatment for breast or cervical cancer.	38483

Sec. 5111.022.  (A) The state plan for providing medical	38484
assistance under Title XIX of the "Social Security Act," 49 Stat.	38485
620, 42 U.S.C.A. 301, as amended, shall include provision of the	38486
following mental health services when provided by facilities	38487
described in division (B) of this section:	38488

(1) Outpatient mental health services, including, but not	38489
limited to, preventive, diagnostic, therapeutic, rehabilitative,	38490
and palliative interventions rendered to individuals in an	38491
individual or group setting by a mental health professional in	38492
accordance with a plan of treatment appropriately established,	38493
monitored, and reviewed;	38494

(2) Partial-hospitalization mental health services of three	38495
to fourteen hours per service day, rendered by persons directly	38496
supervised by a mental health professional;	38497

(3) Unscheduled, emergency mental health services of a kind	38498
ordinarily provided to persons in crisis when rendered by persons	38499
supervised by a mental health professional.	38500

(B) Services shall be included in the state plan only when	38501
provided by community mental health facilities that have quality	38502
assurance programs accredited by the joint commission on	38503
accreditation of healthcare organizations or certified by the	38504
department of mental health or department of job and family	38505
services.	38506

(C) The comprehensive annual plan shall certify the	38507
availability of sufficient unencumbered community mental health	38508
state subsidy and local funds to match Title XIX reimbursement	38509
funds earned by the facilities. Reimbursement for eligible	38510
services shall be based on the prospective cost of providing the	38511
services as developed in standards adopted as part of the	38512
comprehensive annual plan.	38513

(D) As used in this section, "mental health professional"	38514
means a person qualified to work with mentally ill persons under	38515
the minimum standards established by the director of mental health	38516
pursuant to section 5119.615119.611 of the Revised Code.	38517

(E) With respect to services established by division (A) of	38518
this section, the department of job and family services shall	38519
enter into a separate contract with the department of mental	38520
health. The terms of the contract between the department of job	38521
and family services and the department of mental health shall	38522
specify both of the following:	38523

(1) That the department of mental health and boards of	38524
alcohol, drug addiction, and mental health services shall provide	38525
state and local matching funds for Title XIX of the "Social	38526
Security Act," for reimbursement of services established by	38527
division (A) of this section;	38528

(2) How the community mental health facilities described in	38529
division (B) of this section will be paid for providing the	38530
services established by division (A) of this section.	38531

Sec. 5111.041.  (A) As used in this section, "habilitation:

38532

(1) "Habilitation center" means a habilitation center	38533
certified under section 5123.041 of the Revised Code by the	38534
director of mental retardation and developmental disabilities for	38535
the provision ofto provide habilitation center services under	38536
this section.	38537

(2) "Habilitation center services" means services provided	38538
by a habilitation center.	38539

(B) Habilitation centers shall verify the availability of	38540
matching funds for Title XIX of the Social Security Act for	38541
reimbursement of habilitation services as defined in section	38542
5123.041 of the Revised Code and such matching funds shall be	38543
provided in accordance with 42 C.F.R. 433.45To the extent	38544
provided in rules adopted under division (C) of this section and	38545
permitted by the availability of funds, the medicaid program shall	38546
cover habilitation center services.	38547

(C) The director of job and family services shall adopt	38548
rules in accordance with Chapter 119. of the Revised Code	38549
governing the medicaid program's coverage of habilitation center	38550
services. The rules shall establish or provide for all of the	38551
following:	38552

(1) The requirements a habilitation center must meet to	38553
obtain certification under section 5123.041 of the Revised Code;	38554

(2) Making habilitation center services available to	38555
medicaid recipients with a medical need for the services;	38556

(3) The amount, duration, and scope of the medicaid	38557
program's coverage of the habilitation center services, including	38558
all of the following:	38559

(a) The conditions under which the medicaid program covers	38560
the habilitation center services;	38561

(b) The amount the medicaid program pays for the	38562
habilitation center services or the method by which the amount is	38563
determined;	38564

(c) The manner in which the medicaid program pays for the	38565
habilitation center services.	38566

(D) A county board of mental retardation and developmental	38567
disabilities that has medicaid local administrative authority	38568
under division (B) of section 5126.055 of the Revised Code for	38569
habilitation center services shall pay the nonfederal share of	38570
medicaid expenditures for the services if all of the following	38571
apply:	38572

(1) The habilitation center services are provided to a	38573
medicaid recipient who is a current resident of the county that	38574
the county board serves;	38575

(2) The county board has determined, under section 5126.041	38576
of the Revised Code, that the medicaid recipient is eligible for	38577
county board services;	38578

(3) The habilitation center services are provided by a	38579
habilitation center with a medicaid provider agreement.	38580

(4) No school district is required to pay the nonfederal	38581
share under division (E) of this section.	38582

(E) A school district shall pay the nonfederal share of	38583
medicaid expenditures for habilitation center services if all of	38584
the following apply:	38585

(1) The habilitation center services are provided to a	38586
medicaid recipient who is a student enrolled in a school of the	38587
district;	38588

(2) The habilitation center services are included in the	38589
student's individualized education program provided under section	38590
3323.08 of the Revised Code;	38591

(3) The school district has a medicaid provider agreement to	38592
provide habilitation center services;	38593

(4) The habilitation center services are provided by a	38594
habilitation center with a medicaid provider agreement.	38595

(F) The departments of mental retardation and developmental	38596
disabilities and job and family services may approve, reduce,	38597
deny, or terminate a service included in the individualized	38598
service plan developed for a medicaid recipient eligible for	38599
habilitation center services. The departments shall consider the	38600
recommendations a county board of mental retardation and	38601
developmental disabilities makes under division (B)(1) of section	38602
5126.055 of the Revised Code. If either department approves,	38603
reduces, denies, or terminates a service, that department shall	38604
timely notify the medicaid recipient that the recipient may	38605
request a hearing under section 5101.35 of the Revised Code.	38606

Sec. 5111.042. The departments of mental retardation and	38607
developmental disabilities and job and family services may	38608
approve, reduce, deny, or terminate a service included in the	38609
individualized service plan developed for a medicaid recipient	38610
with mental retardation or other developmental disability who is	38611
eligible for medicaid case management services. The departments	38612
shall consider the recommendations a county board of mental	38613
retardation and developmental disabilities makes under division	38614
(B)(1) of section 5126.055 of the Revised Code. If either	38615
department approves, reduces, denies, or terminates a service,	38616
that department shall timely notify the medicaid recipient that	38617
the recipient may request a hearing under section 5101.35 of the	38618
Revised Code.	38619

Sec. 5111.081. The prescription drug rebates fund is hereby	38620
created in the state treasury. All rebates paid by drug	38621
manufacturers to the department of job and family services in	38622
accordance with a rebate agreement required by 42 U.S.C.A. 1396r-8	38623
shall be credited to the fund. The department of job and family	38624
services shall use money credited to the fund to pay for medicaid	38625
services and contracts.	38626

Sec. 5111.17.  (A) As used in this section, "community-based	38627
clinic" means a clinic that provides prenatal, family planning,	38628
well child, or primary care services and is funded in whole or in	38629
part by the state or federal government.	38630

(B) On receipt of a waiver from the United States department	38631
of health and human services of any federal requirement that would	38632
otherwise be violated, the department of job and family services	38633
shallmay establish in Franklin, Hamilton, and Lucassome or all	38634
counties a managed care system under which designated recipients	38635
of medical assistance are required to obtain medicalhealth care	38636
services from providers designated by the department. The	38637
department may stagger implementation of the managed care system,	38638
but the system shall be implemented in at least one county not	38639
later than January 1, 1995, and in all three counties not later	38640
than July 1, 1996.	38641

(C)(B) The department, by rule adopted under this section,	38642
may require any recipients in any other county to receive all or	38643
some of their care through managed care organizations that	38644
contract with the department and are paid by the department	38645
pursuant to a capitation or other risk-based methodology	38646
prescribed in the rules, and to receive their care only from	38647
providers designated by the organizationsmay enter into contracts	38648
with managed care organizations to authorize the organizations to	38649
provide, or arrange for the provision of, health care services to	38650
medical assistance recipients participating in a managed care	38651
system established under this section.	38652

(D) In accordance with rules adopted under division (G) of	38653
this section, the department may issue requests for proposals from	38654
managed care organizations interested in contracting with the	38655
department to provide managed care to participating medical	38656
assistance recipients.	38657

(E) A health insuring corporation under contract with the	38658
department under this section may enter into an agreement with any	38659
community-based clinic for the provision of medical services to	38660
medical assistance recipients participating in the managed care	38661
system if the clinic is willing to accept the terms, conditions,	38662
and payment procedures established by the health insuring	38663
corporation.	38664

(F)(C) For the purpose of determining the amount the	38665
department pays hospitals under section 5112.08 of the Revised	38666
Code and the amount of disproportionate share hospital payments	38667
paid by the medicare program established under Title XVIII of the	38668
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	38669
amended, each managed care organization under contract with the	38670
department to provide managed carehospital services to	38671
participating medical assistance recipients shall keep detailed	38672
records for each hospital with which it contracts about the cost	38673
to the hospital of providing the care, payments made by the	38674
organization to the hospital for the care, utilization of hospital	38675
services by medical assistance recipients participating in managed	38676
care, and other utilization data required by the department.	38677

(G)(D) The director of job and family services shallmay	38678
adopt rules in accordance with Chapter 119. of the Revised Code to	38679
implement this section.	38680

Sec. 5111.171. (A) The department of job and family services	38681
may provide financial incentive awards to managed care	38682
organizations that contract with the department under section	38683
5111.17 of the Revised Code to provide health care services to	38684
participating medical assistance recipients and that meet or	38685
exceed performance standards specified in provider agreements or	38686
rules adopted by the department. The department may specify in a	38687
contract with a managed care organization the amounts of financial	38688
incentive awards, methodology for distributing awards, types of	38689
awards, and standards for administration by the department.	38690

(B) There is hereby created in the state treasury the health	38691
care compliance fund. The fund shall consist of all fines imposed	38692
on and collected from managed care organizations for failure to	38693
nmeet performance standards or other requirements specified in	38694
provider agreements or rules adopted by the department. All	38695
investment earnings of the fund shall be credited to the fund.	38696
Moneys credited to the fund shall be used solely for the following	38697
purposes:	38698

(1) To reimburse managed care organizations that have paid	38699
fines for failures to meet performance standards or other	38700
requirements and that have come into compliance by meeting	38701
requirements as specified by the department;	38702

(2) To provide financial incentive awards established	38703
pursuant to division (A) of this section and specified in	38704
contracts between managed care organizations and the department.	38705

Sec. 5111.22.  A provider agreement between the department of	38706
job and family services and a nursing facility or intermediate	38707
care facility for the mentally retarded shall contain the	38708
following provisions:	38709

(A) The department agrees to:

38710

(1) Make payments to the nursing facility or intermediate	38711
care facility for the mentally retarded for patients eligible for	38712
services under the medical assistance program as provided in	38713
sections 5111.20 to 5111.32 of the Revised Code. Payments shall be	38714
made no later than the fifteenth day of the month following a	38715
month in which care and services are provided to recipients of	38716
medical assistance. Such payments shall be retroactive to the	38717
first day of the month in which an application for benefits is	38718
made or the day a recipient of medical assistance is admitted to	38719
the facility. In the case of newly admitted recipients of medical	38720
assistance, the first payment shall be made no later than sixty	38721
days following the date of authorized admission. No payment shall	38722
be made for the day a recipient is discharged from the facility.	38723

(2) Provide copies of rules governing the facility's	38724
participation as a provider in the medical assistance program.	38725
Whenever the director of job and family services files a proposed	38726
rule or proposed rule in revised form under division (D) of	38727
section 111.15 or division (B) of section 119.03 of the Revised	38728
Code, the department shall provide the facility with one copy of	38729
such rule. In the case of a rescission or proposed rescission of	38730
a rule, the department may provide the rule number and title	38731
instead of the rules rescinded or proposed to be rescinded.	38732

(B) The provider agrees to:

38733

(1) Maintain eligibility as provided in section 5111.21 of	38734
the Revised Code;	38735

(2) Keep records relating to a cost reporting period for the	38736
greater of seven years after the cost report is filed or, if the	38737
department issues an audit report in accordance with division (B)	38738
of section 5111.27 of the Revised Code, six years after all appeal	38739
rights relating to the audit report are exhausted;	38740

(3) File reports as required by the department;

38741

(4) Open all records relating to the costs of its services	38742
for inspection and audit by the department;	38743

(5) Open its premises for inspection by the department, the	38744
department of health, and any other state or local authority	38745
having authority to inspect;	38746

(6) Supply to the department such information as it requires	38747
concerning the facility's services to patients who are or are	38748
eligible to be medicaid recipients;	38749

(7) Comply with section 5111.31 of the Revised Code.

38750

The provider agreement may contain other provisions that are	38751
consistent with law and considered necessary by the department.	38752

A provider agreement shall be effective for no longer than	38753
twelve months, except that if federal statute or regulations	38754
authorize a longer term, it may be effective for a longer term so	38755
authorized. A provider agreement may be renewed only if the	38756
facility is certified by the department of health for	38757
participation in the medicaid program.	38758

The department of job and family services, in accordance with	38759
rules adopted by the director pursuant to Chapter 119. of the	38760
Revised Code, may elect not to enter into, not to renew, or to	38761
terminate a provider agreement when the department determines that	38762
such an agreement would not be in the best interests of the	38763
recipients or of the state.	38764

Sec. 5111.231.  (A)(1) The department of job and family	38765
services shall determine case-mix scores for nursing facilities	38766
using data for each resident, regardless of payment source, from a	38767
resident assessment instrument specified in rules adopted in	38768
accordance with Chapter 119. of the RevissedRevised Code pursuant	38769
to section 191191919(e)(5) of the "Social Security Act," 49 Stat.	38770
620 (1935), 42 U.S.C.A. 1396r(e)(5), as amended, and the case-mix	38771
values established by the United States department of health and	38772
human services. Except as modified in rules adopted under	38773
division (A)(1)(c) of this section, the department also shall use	38774
the grouper methodology used on June 30, 1999, by the United	38775
States department of health and human services for prospective	38776
payment of skilled nursing facilities under the medicare program	38777
established by Title XVIII of the "Social Security Act," 49 Stat.	38778
620 (1935), 42 U.S.C.A. 301, as amended. The director of job and	38779
family services may adopt rules in accordance with Chapter 119. of	38780
the Revised Code that do any of the following:	38781

(a) Adjust the case-mix values to reflect changes in	38782
relative wage differentials that are specific to this state;	38783

(b) Express all of the case-mix values in numeric terms that	38784
are different from the terms specified by the United States	38785
department of health and human services but that do not alter the	38786
relationship of the case-mix values to one another;	38787

(c) Modify the grouper methodology as follows:

38788

(i) Establish a different hierarchy for assigning residents	38789
to case-mix categories under the methodology;	38790

(ii) Prohibit the use of the index maximizer element of the	38791
methodology;	38792

(iii) Incorporate changes to the methodology the United	38793
States department of health and human services makes after June	38794
30, 1999;	38795

(iv) Make other changes the medicaid long-term carenursing	38796
facility reimbursement study council established by section	38797
5111.34 of the Revised Code approves.	38798

(2) The department shall determine case-mix scores for	38799
intermediate care facilities for the mentally retarded using data	38800
for each resident, regardless of payment source, from a resident	38801
assessment instrument and grouper methodology prescribed in rules	38802
adopted in accordance with Chapter 119. of the Revised Code and	38803
expressed in case-mix values established by the department in	38804
those rules. The department may change the grouper methodology	38805
prescribed in rules in effect on June 30, 1999, only if the	38806
medicaid long-term care reimbursement study council approves the	38807
change.	38808

(B) Not later than fifteen days after the end of each	38809
calendar quarter, each nursing facility and intermediate care	38810
facility for the mentally retarded shall submit to the department	38811
the complete assessment data, from the instrument specified in	38812
rules adopted under division (A) of this section, for each	38813
resident, regardless of payment source, who was in the facility or	38814
on hospital or therapeutic leave from the facility on the last day	38815
of the quarter.	38816

Except as provided in division (C) of this section, the	38817
department, after the end of each calendar year and pursuant to	38818
procedures specified in rules adopted in accordance with Chapter	38819
119. of the Revised Code, shall calculate an annual average	38820
case-mix score for each nursing facility and intermediate care	38821
facility for the mentally retarded using the facility's quarterly	38822
case-mix scores for that calendar year.	38823

(C)(1) If a facility does not timely submit information for	38824
a calendar quarter necessary to calculate its case-mix score, or	38825
submits incomplete or inaccurate information for a calendar	38826
quarter, the department may assign the facility a quarterly	38827
average case-mix score that is five per cent less than the	38828
facility's quarterly average case-mix score for the preceding	38829
calendar quarter. If the facility was subject to an exception	38830
review under division (C) of section 5111.27 of the Revised Code	38831
for the preceding calendar quarter, the department may assign a	38832
quarterly average case-mix score that is five per cent less than	38833
the score determined by the exception review. If the facility was	38834
assigned a quarterly average case-mix score for the preceding	38835
quarter, the department may assign a quarterly average case-mix	38836
score that is five per cent less than that score assigned for the	38837
preceding quarter.	38838

The department may use a quarterly average case-mix score	38839
assigned under division (C)(1) of this section, instead of a	38840
quarterly average case-mix score calculated based on the	38841
facility's submitted information, to calculate the facility's rate	38842
for direct care costs being established under section 5111.23 of	38843
the Revised Code for one or more months, as specified in rules	38844
adopted under division (D) of this section, of the quarter for	38845
which the rate established under section 5111.23 of the Revised	38846
Code will be paid.	38847

Before taking action under division (C)(1) of this section,	38848
the department shall permit the facility a reasonable period of	38849
time, specified in rules adopted under division (D) of this	38850
section, to correct the information. In the case of an	38851
intermediate care facility for the mentally retarded, the	38852
department shall not assign a quarterly average case-mix score due	38853
to late submission of corrections to assessment information unless	38854
the facility fails to submit corrected information prior to the	38855
eighty-first day after the end of the calendar quarter to which	38856
the information pertains. In the case of a nursing facility, the	38857
department shall not assign a quarterly average case-mix score due	38858
to late submission of corrections to assessment information unless	38859
the facility fails to submit corrected information prior to the	38860
earlier of the eighty-first day after the end of the calendar	38861
quarter to which the information pertains or the deadline for	38862
submission of such corrections established by regulations adopted	38863
by the United States department of health and human services under	38864
Titles XVIII and XIX of the Social Security Act.	38865

(2) If a facility is paid a rate calculated using a	38866
quarterly average case-mix score assigned under division (C)(1) of	38867
this section for more than six months in a calendar year, the	38868
department may assign the facility a cost per case-mix unit that	38869
is five per cent less than the facility's actual or assigned cost	38870
per case-mix unit for the preceding calendar year. The department	38871
may use the assigned cost per case-mix unit, instead of	38872
calculating the facility's actual cost per case-mix unit in	38873
accordance with section 5111.23 of the Revised Code, to establish	38874
the facility's rate for direct care costs for the following fiscal	38875
year.	38876

(3) The department shall take action under division (C)(1)	38877
or (2) of this section only in accordance with rules adopted under	38878
division (D) of this section. The department shall not take an	38879
action that affects rates for prior payment periods except in	38880
accordance with sections 5111.27 and 5111.28 of the Revised Code.	38881

(D) The director may adopt rules in accordance with Chapter	38882
119. of the Revised Code that do any of the following:	38883

(1) Specify the medium or media through which the completed	38884
assessment information shall be submitted;	38885

(2) Establish procedures under which the department will	38886
review assessment information for accuracy and notify the facility	38887
of any information that requires correction;	38888

(3) Establish procedures for facilities to correct	38889
assessment information. The procedures may prohibit an	38890
intermediate care facility for the mentally retarded from	38891
submitting corrected assessment information, for the purpose of	38892
calculating its annual average case-mix score, more than two	38893
calendar quarters after the end of the quarter to which the	38894
information pertains or, if the information pertains to the	38895
quarter ending the thirty-first day of December, after the	38896
thirty-first day of the following March. The procedures may limit	38897
the content of corrections by nursing facilities in the manner	38898
required by regulations adopted by the United States department of	38899
health and human services under Titles XVIII and XIX of the Social	38900
Security Act and prohibit a nursing facility from submitting	38901
corrected assessment information, for the purpose of calculating	38902
its annual average case-mix score, more than the earlier of the	38903
following:	38904

(a) Two calendar quarters after the end of the quarter to	38905
which the information pertains or, if the information pertains to	38906
the quarter ending the thirty-first day of December, after the	38907
thirty-first day of the following March;	38908

(b) The deadline for submission of such corrections	38909
established by regulations adopted by the United States department	38910
of health and human services under Titles XVIII and XIX of the	38911
Social Security Act.	38912

(4) Specify when and how the department will assign case-mix	38913
scores or costs per case-mix unit under division (C) of this	38914
section if information necessary to calculate the facility's	38915
average annual or quarterly case-mix score is not provided or	38916
corrected in accordance with the procedures established by the	38917
rules. Notwithstanding any other provision of sections 5111.20 to	38918
5111.32 of the Revised Code, the rules also may provide for	38919
exclusion of case-mix scores assigned under division (C) of this	38920
section from calculation of the facility's annual average case-mix	38921
score and the maximum cost per case-mix unit for the facility's	38922
peer group.	38923

Sec. 5111.25.  (A) The department of job and family services	38924
shall pay each eligible nursing facility a per resident per day	38925
rate for its reasonable capital costs established prospectively	38926
each fiscal year for each facility. Except as otherwise provided	38927
in sections 5111.20 to 5111.32 of the Revised Code, the rate shall	38928
be based on the facility's capital costs for the calendar year	38929
preceding the fiscal year in which the rate will be paid. The	38930
rate shall equal the sum of divisions (A)(1) to (3) of this	38931
section:	38932

(1) The lesser of the following:

38933

(a) Eighty-eight and sixty-five one-hundredths per cent of	38934
the facility's desk-reviewed, actual, allowable, per diem cost of	38935
ownership and eighty-five per cent of the facility's actual,	38936
allowable, per diem cost of nonextensive renovation determined	38937
under division (F) of this section;	38938

(b) Eighty-eight and sixty-five one-hundredths per cent of	38939
the following limitation:	38940

(i) For the fiscal year beginning July 1, 1993, sixteen	38941
dollars per resident day;	38942

(ii) For the fiscal year beginning July 1, 1994, sixteen	38943
dollars per resident day, adjusted to reflect the rate of	38944
inflation for the twelve-month period beginning July 1, 1992, and	38945
ending June 30, 1993, using the consumer price index for shelter	38946
costs for all urban consumers for the north central region,	38947
published by the United States bureau of labor statistics;	38948

(iii) For subsequent fiscal years, the limitation in effect	38949
during the previous fiscal year, adjusted to reflect the rate of	38950
inflation for the twelve-month period beginning on the first day	38951
of July for the calendar year preceding the calendar year that	38952
precedes the fiscal year and ending on the following thirtieth day	38953
of June, using the consumer price index for shelter costs for all	38954
urban consumers for the north central region, published by the	38955
United States bureau of labor statistics.	38956

(2) Any efficiency incentive determined under division (D)	38957
of this section;	38958

(3) Any amounts for return on equity determined under	38959
division (H) of this section.	38960

Buildings shall be depreciated using the straight line method	38961
over forty years or over a different period approved by the	38962
department. Components and equipment shall be depreciated using	38963
the straight-line method over a period designated in rules adopted	38964
by the director of job and family services in accordance with	38965
Chapter 119. of the Revised Code, consistent with the guidelines	38966
of the American hospital association, or over a different period	38967
approved by the department. Any rules adopted under this division	38968
that specify useful lives of buildings, components, or equipment	38969
apply only to assets acquired on or after July 1, 1993.	38970
Depreciation for costs paid or reimbursed by any government agency	38971
shall not be included in cost of ownership or renovation unless	38972
that part of the payment under sections 5111.20 to 5111.32 of the	38973
Revised Code is used to reimburse the government agency.	38974

(B) The capital cost basis of nursing facility assets shall	38975
be determined in the following manner:	38976

(1) For purposes of calculating the rate to be paid for the	38977
fiscal year beginning July 1, 1993, for facilities with dates of	38978
licensure on or before June 30, 1993, the capital cost basis shall	38979
be equal to the following:	38980

(a) For facilities that have not had a change of ownership	38981
during the period beginning January 1, 1993, and ending June 30,	38982
1993, the desk-reviewed, actual, allowable capital cost basis that	38983
is listed on the facility's cost report for the cost reporting	38984
period ending December 31, 1992, plus the actual, allowable	38985
capital cost basis of any assets constructed or acquired after	38986
December 31, 1992, but before July 1, 1993, if the aggregate	38987
capital costs of those assets would increase the facility's rate	38988
for capital costs by twenty or more cents per resident per day.	38989

(b) For facilities that have a date of licensure or had a	38990
change of ownership during the period beginning January 1, 1993,	38991
and ending June 30, 1993, the actual, allowable capital cost basis	38992
of the person or government entity that owns the facility on June	38993
30, 1993.	38994

Capital cost basis shall be calculated as provided in	38995
division (B)(1) of this section subject to approval by the United	38996
States health care financing administration of any necessary	38997
amendment to the state plan for providing medical assistance.	38998

The department shall include the actual, allowable capital	38999
cost basis of assets constructed or acquired during the period	39000
beginning January 1, 1993, and ending June 30, 1993, in the	39001
calculation for the facility's rate effective July 1, 1993, if the	39002
aggregate capital costs of the assets would increase the	39003
facility's rate by twenty or more cents per resident per day and	39004
the facility provides the department with sufficient documentation	39005
of the costs before June 1, 1993. If the facility provides the	39006
documentation after that date, the department shall adjust the	39007
facility's rate to reflect the costs of the assets one month after	39008
the first day of the month after the department receives the	39009
documentation.	39010

(2) Except as provided in division (B)(4) of this section,	39011
for purposes of calculating the rates to be paid for fiscal years	39012
beginning after June 30, 1994, for facilities with dates of	39013
licensure on or before June 30, 1993, the capital cost basis of	39014
each asset shall be equal to the desk-reviewed, actual, allowable,	39015
capital cost basis that is listed on the facility's cost report	39016
for the calendar year preceding the fiscal year during which the	39017
rate will be paid.	39018

(3) For facilities with dates of licensure after June 30,	39019
1993, the capital cost basis shall be determined in accordance	39020
with the principles of the medicare program established under	39021
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	39022
U.S.C.A. 301, as amended, except as otherwise provided in sections	39023
5111.20 to 5111.32 of the Revised Code.	39024

(4) Except as provided in division (B)(5) of this section,	39025
if a provider transfers an interest in a facility to another	39026
provider after June 30, 1993, there shall be no increase in the	39027
capital cost basis of the asset if the providers are related	39028
parties. If the providers are not related parties or if they are	39029
related parties and division (B)(5) of this section requires the	39030
adjustment of the capital cost basis under this division, the	39031
basis of the asset shall be adjusted by the lesser of the	39032
following:	39033

(a) One-half of the change in construction costs during the	39034
time that the transferor held the asset, as calculated by the	39035
department of job and family services using the "Dodge building	39036
cost indexes, northeastern and north central states," published by	39037
Marshall and Swift;	39038

(b) One-half of the change in the consumer price index for	39039
all items for all urban consumers, as published by the United	39040
States bureau of labor statistics, during the time that the	39041
transferor held the asset.	39042

(5) If a provider transfers an interest in a facility to	39043
another provider who is a related party, the capital cost basis of	39044
the asset shall be adjusted as specified in division (B)(4) of	39045
this section for a transfer to a provider that is not a related	39046
party if all of the following conditions are met:	39047

(a) The related party is a relative of owner;

39048

(b) Except as provided in division (B)(5)(c)(ii) of this	39049
section, the provider making the transfer retains no ownership	39050
interest in the facility;	39051

(c) The department of job and family services determines	39052
that the transfer is an arm's length transaction pursuant to rules	39053
the department shall adopt in accordance with Chapter 119. of the	39054
Revised Code no later than December 31, 2000. The rules shall	39055
provide that a transfer is an arm's length transaction if all of	39056
the following apply:	39057

(i) Once the transfer goes into effect, the provider that	39058
made the transfer has no direct or indirect interest in the	39059
provider that acquires the facility or the facility itself,	39060
including interest as an owner, officer, director, employee,	39061
independent contractor, or consultant, but excluding interest as a	39062
creditor.	39063

(ii) The provider that made the transfer does not reacquire	39064
an interest in the facility except through the exercise of a	39065
creditor's rights in the event of a default. If the provider	39066
reacquires an interest in the facility in this manner, the	39067
department shall treat the facility as if the transfer never	39068
occurred when the department calculates its reimbursement rates	39069
for capital costs.	39070

(iii) The transfer satisfies any other criteria specified in	39071
the rules.	39072

(d) Except in the case of hardship caused by a catastrophic	39073
event, as determined by the department, or in the case of a	39074
provider making the transfer who is at least sixty-five years of	39075
age, not less than twenty years have elapsed since, for the same	39076
facility, the capital cost basis was adjusted most recently under	39077
division (B)(5) of this section or actual, allowable cost of	39078
ownership was determined most recently under division (C)(9) of	39079
this section.	39080

(C) As used in this division, "lease expense" means lease	39081
payments in the case of an operating lease and depreciation	39082
expense and interest expense in the case of a capital lease. As	39083
used in this division, "new lease" means a lease, to a different	39084
lessee, of a nursing facility that previously was operated under a	39085
lease.	39086

(1) Subject to the limitation specified in division (A)(1)	39087
of this section, for a lease of a facility that was effective on	39088
May 27, 1992, the entire lease expense is an actual, allowable	39089
cost of ownership during the term of the existing lease. The	39090
entire lease expense also is an actual, allowable cost of	39091
ownership if a lease in existence on May 27, 1992, is renewed	39092
under either of the following circumstances:	39093

(a) The renewal is pursuant to a renewal option that was in	39094
existence on May 27, 1992;	39095

(b) The renewal is for the same lease payment amount and	39096
between the same parties as the lease in existence on May 27,	39097
1992.	39098

(2) Subject to the limitation specified in division (A)(1)	39099
of this section, for a lease of a facility that was in existence	39100
but not operated under a lease on May 27, 1992, actual, allowable	39101
cost of ownership shall include the lesser of the annual lease	39102
expense or the annual depreciation expense and imputed interest	39103
expense that would be calculated at the inception of the lease	39104
using the lessor's entire historical capital asset cost basis,	39105
adjusted by the lesser of the following amounts:	39106

(a) One-half of the change in construction costs during the	39107
time the lessor held each asset until the beginning of the lease,	39108
as calculated by the department using the "Dodge building cost	39109
indexes, northeastern and north central states," published by	39110
Marshall and Swift;	39111

(b) One-half of the change in the consumer price index for	39112
all items for all urban consumers, as published by the United	39113
States bureau of labor statistics, during the time the lessor held	39114
each asset until the beginning of the lease.	39115

(3) Subject to the limitation specified in division (A)(1)	39116
of this section, for a lease of a facility with a date of	39117
licensure on or after May 27, 1992, that is initially operated	39118
under a lease, actual, allowable cost of ownership shall include	39119
the annual lease expense if there was a substantial commitment of	39120
money for construction of the facility after December 22, 1992,	39121
and before July 1, 1993. If there was not a substantial	39122
commitment of money after December 22, 1992, and before July 1,	39123
1993, actual, allowable cost of ownership shall include the lesser	39124
of the annual lease expense or the sum of the following:	39125

(a) The annual depreciation expense that would be calculated	39126
at the inception of the lease using the lessor's entire historical	39127
capital asset cost basis;	39128

(b) The greater of the lessor's actual annual amortization	39129
of financing costs and interest expense at the inception of the	39130
lease or the imputed interest expense calculated at the inception	39131
of the lease using seventy per cent of the lessor's historical	39132
capital asset cost basis.	39133

(4) Subject to the limitation specified in division (A)(1)	39134
of this section, for a lease of a facility with a date of	39135
licensure on or after May 27, 1992, that was not initially	39136
operated under a lease and has been in existence for ten years,	39137
actual, allowable cost of ownership shall include the lesser of	39138
the annual lease expense or the annual depreciation expense and	39139
imputed interest expense that would be calculated at the inception	39140
of the lease using the entire historical capital asset cost basis	39141
of the lessor, adjusted by the lesser of the following:	39142

(a) One-half of the change in construction costs during the	39143
time the lessor held each asset until the beginning of the lease,	39144
as calculated by the department using the "Dodge building cost	39145
indexes, northeastern and north central states," published by	39146
Marshall and Swift;	39147

(b) One-half of the change in the consumer price index for	39148
all items for all urban consumers, as published by the United	39149
States bureau of labor statistics, during the time the lessor held	39150
each asset until the beginning of the lease.	39151

(5) Subject to the limitation specified in division (A)(1)	39152
of this section, for a new lease of a facility that was operated	39153
under a lease on May 27, 1992, actual, allowable cost of ownership	39154
shall include the lesser of the annual new lease expense or the	39155
annual old lease payment. If the old lease was in effect for ten	39156
years or longer, the old lease payment from the beginning of the	39157
old lease shall be adjusted by the lesser of the following:	39158

(a) One-half of the change in construction costs from the	39159
beginning of the old lease to the beginning of the new lease, as	39160
calculated by the department using the "Dodge building cost	39161
indexes, northeastern and north central states," published by	39162
Marshall and Swift;	39163

(b) One-half of the change in the consumer price index for	39164
all items for all urban consumers, as published by the United	39165
States bureau of labor statistics, from the beginning of the old	39166
lease to the beginning of the new lease.	39167

(6) Subject to the limitation specified in division (A)(1)	39168
of this section, for a new lease of a facility that was not in	39169
existence or that was in existence but not operated under a lease	39170
on May 27, 1992, actual, allowable cost of ownership shall include	39171
the lesser of annual new lease expense or the annual amount	39172
calculated for the old lease under division (C)(2), (3), (4), or	39173
(6) of this section, as applicable. If the old lease was in	39174
effect for ten years or longer, the lessor's historical capital	39175
asset cost basis shall be adjusted by the lesser of the following	39176
for purposes of calculating the annual amount under division	39177
(C)(2), (3), (4), or (6) of this section:	39178

(a) One-half of the change in construction costs from the	39179
beginning of the old lease to the beginning of the new lease, as	39180
calculated by the department using the "Dodge building cost	39181
indexes, northeastern and north central states," published by	39182
Marshall and Swift;	39183

(b) One-half of the change in the consumer price index for	39184
all items for all urban consumers, as published by the United	39185
States bureau of labor statistics, from the beginning of the old	39186
lease to the beginning of the new lease.	39187

In the case of a lease under division (C)(3) of this section	39188
of a facility for which a substantial commitment of money was made	39189
after December 22, 1992, and before July 1, 1993, the old lease	39190
payment shall be adjusted for the purpose of determining the	39191
annual amount.	39192

(7) For any revision of a lease described in division	39193
(C)(1), (2), (3), (4), (5), or (6) of this section, or for any	39194
subsequent lease of a facility operated under such a lease, other	39195
than execution of a new lease, the portion of actual, allowable	39196
cost of ownership attributable to the lease shall be the same as	39197
before the revision or subsequent lease.	39198

(8) Except as provided in division (C)(9) of this section,	39199
if a provider leases an interest in a facility to another provider	39200
who is a related party, the related party's actual, allowable cost	39201
of ownership shall include the lesser of the annual lease expense	39202
or the reasonable cost to the lessor.	39203

(9) If a provider leases an interest in a facility to	39204
another provider who is a related party, regardless of the date of	39205
the lease, the related party's actual, allowable cost of ownership	39206
shall include the annual lease expense, subject to the limitations	39207
specified in divisions (C)(1) to (7) of this section, if all of	39208
the following conditions are met:	39209

(a) The related party is a relative of owner;

39210

(b) If the lessor retains an ownership interest, it is,	39211
except as provided in division (C)(9)(c)(ii) of this section, in	39212
only the real property and any improvements on the real property;	39213

(c) The department of job and family services determines	39214
that the lease is an arm's length transaction pursuant to rules	39215
the department shall adopt in accordance with Chapter 119. of the	39216
Revised Code no later than December 31, 2000. The rules shall	39217
provide that a lease is an arm's length transaction if all of the	39218
following apply:	39219

(i) Once the lease goes into effect, the lessor has no	39220
direct or indirect interest in the lessee or, except as provided	39221
in division (C)(9)(b) of this section, the facility itself,	39222
including interest as an owner, officer, director, employee,	39223
independent contractor, or consultant, but excluding interest as a	39224
lessor.	39225

(ii) The lessor does not reacquire an interest in the	39226
facility except through the exercise of a lessor's rights in the	39227
event of a default. If the lessor reacquires an interest in the	39228
facility in this manner, the department shall treat the facility	39229
as if the lease never occurred when the department calculates its	39230
reimbursement rates for capital costs.	39231

(iii) The lease satisfies any other criteria specified in	39232
the rules.	39233

(d) Except in the case of hardship caused by a catastrophic	39234
event, as determined by the department, or in the case of a lessor	39235
who is at least sixty-five years of age, not less than twenty	39236
years have elapsed since, for the same facility, the capital cost	39237
basis was adjusted most recently under division (B)(5) of this	39238
section or actual, allowable cost of ownership was determined most	39239
recently under division (C)(9) of this section.	39240

(10) This division does not apply to leases of specific	39241
items of equipment.	39242

(D)(1) Subject to division (D)(2) of this section, the	39243
department shall pay each nursing facility an efficiency incentive	39244
that is equal to fifty per cent of the difference between the	39245
following:	39246

(a) Eighty-eight and sixty-five one-hundredths per cent of	39247
the facility's desk-reviewed, actual, allowable, per diem cost of	39248
ownership;	39249

(b) The applicable amount specified in division (E) of this	39250
section.	39251

(2) The efficiency incentive paid to a nursing facility	39252
shall not exceed the greater of the following:	39253

(a) The efficiency incentive the facility was paid during	39254
the fiscal year ending June 30, 1994;	39255

(b) Three dollars per resident per day, adjusted annually	39256
for rates paid beginning July 1, 1994, for the inflation rate for	39257
the twelve-month period beginning on the first day of July of the	39258
calendar year preceding the calendar year that precedes the fiscal	39259
year for which the efficiency incentive is determined and ending	39260
on the thirtieth day of the following June, using the consumer	39261
price index for shelter costs for all urban consumers for the	39262
north central region, as published by the United States bureau of	39263
labor statistics.	39264

(3) For purposes of calculating the efficiency incentive,	39265
depreciation for costs that are paid or reimbursed by any	39266
government agency shall be considered as costs of ownership, and	39267
renovation costs that are paid under division (F) of this section	39268
shall not be considered costs of ownership.	39269

(E) The following amounts shall be used to calculate	39270
efficiency incentives for nursing facilities under this section:	39271

(1) For facilities with dates of licensure prior to January	39272
1, 1958, four dollars and twenty-four cents per patient day;	39273

(2) For facilities with dates of licensure after December	39274
31, 1957, but prior to January 1, 1968:	39275

(a) Five dollars and twenty-four cents per patient day if	39276
the cost of construction was three thousand five hundred dollars	39277
or more per bed;	39278

(b) Four dollars and twenty-four cents per patient day if	39279
the cost of construction was less than three thousand five hundred	39280
dollars per bed.	39281

(3) For facilities with dates of licensure after December	39282
31, 1967, but prior to January 1, 1976:	39283

(a) Six dollars and twenty-four cents per patient day if the	39284
cost of construction was five thousand one hundred fifty dollars	39285
or more per bed;	39286

(b) Five dollars and twenty-four cents per patient day if	39287
the cost of construction was less than five thousand one hundred	39288
fifty dollars per bed, but exceeded three thousand five hundred	39289
dollars per bed;	39290

(c) Four dollars and twenty-four cents per patient day if	39291
the cost of construction was three thousand five hundred dollars	39292
or less per bed.	39293

(4) For facilities with dates of licensure after December	39294
31, 1975, but prior to January 1, 1979:	39295

(a) Seven dollars and twenty-four cents per patient day if	39296
the cost of construction was six thousand eight hundred dollars or	39297
more per bed;	39298

(b) Six dollars and twenty-four cents per patient day if the	39299
cost of construction was less than six thousand eight hundred	39300
dollars per bed but exceeded five thousand one hundred fifty	39301
dollars per bed;	39302

(c) Five dollars and twenty-four cents per patient day if	39303
the cost of construction was five thousand one hundred fifty	39304
dollars or less per bed, but exceeded three thousand five hundred	39305
dollars per bed;	39306

(d) Four dollars and twenty-four cents per patient day if	39307
the cost of construction was three thousand five hundred dollars	39308
or less per bed.	39309

(5) For facilities with dates of licensure after December	39310
31, 1978, but prior to January 1, 1981:	39311

(a) Seven dollars and seventy-four cents per patient day if	39312
the cost of construction was seven thousand six hundred	39313
twenty-five dollars or more per bed;	39314

(b) Seven dollars and twenty-four cents per patient day if	39315
the cost of construction was less than seven thousand six hundred	39316
twenty-five dollars per bed but exceeded six thousand eight	39317
hundred dollars per bed;	39318

(c) Six dollars and twenty-four cents per patient day if the	39319
cost of construction was six thousand eight hundred dollars or	39320
less per bed but exceeded five thousand one hundred fifty dollars	39321
per bed;	39322

(d) Five dollars and twenty-four cents per patient day if	39323
the cost of construction was five thousand one hundred fifty	39324
dollars or less but exceeded three thousand five hundred dollars	39325
per bed;	39326

(e) Four dollars and twenty-four cents per patient day if	39327
the cost of construction was three thousand five hundred dollars	39328
or less per bed.	39329

(6) For facilities with dates of licensure in 1981 or any	39330
year thereafter prior to December 22, 1992, the following amount:	39331

(a) For facilities with construction costs less than seven	39332
thousand six hundred twenty-five dollars per bed, the applicable	39333
amounts for the construction costs specified in divisions	39334
(E)(5)(b) to (e) of this section;	39335

(b) For facilities with construction costs of seven thousand	39336
six hundred twenty-five dollars or more per bed, six dollars per	39337
patient day, provided that for 1981 and annually thereafter prior	39338
to December 22, 1992, department shall do both of the following to	39339
the six-dollar amount:	39340

(i) Adjust the amount for fluctuations in construction costs	39341
calculated by the department using the "Dodge building cost	39342
indexes, northeastern and north central states," published by	39343
Marshall and Swift, using 1980 as the base year;	39344

(ii) Increase the amount, as adjusted for inflation under	39345
division (E)(6)(b)(i) of this section, by one dollar and	39346
seventy-four cents.	39347

(7) For facilities with dates of licensure on or after	39348
January 1, 1992, seven dollars and ninety-seven cents, adjusted	39349
for fluctuations in construction costs between 1991 and 1993 as	39350
calculated by the department using the "Dodge building cost	39351
indexes, northeastern and north central states," published by	39352
Marshall and Swift, and then increased by one dollar and	39353
seventy-four cents.	39354

For the fiscal year that begins July 1, 1994, each of the	39355
amounts listed in divisions (E)(1) to (7) of this section shall be	39356
increased by twenty-five cents. For the fiscal year that begins	39357
July 1, 1995, each of those amounts shall be increased by an	39358
additional twenty-five cents. For subsequent fiscal years, each	39359
of those amounts, as increased for the prior fiscal year, shall be	39360
adjusted to reflect the rate of inflation for the twelve-month	39361
period beginning on the first day of July of the calendar year	39362
preceding the calendar year that precedes the fiscal year and	39363
ending on the following thirtieth day of June, using the consumer	39364
price index for shelter costs for all urban consumers for the	39365
north central region, as published by the United States bureau of	39366
labor statistics.	39367

If the amount established for a nursing facility under this	39368
division is less than the amount that applied to the facility	39369
under division (B) of former section 5111.25 of the Revised Code,	39370
as the former section existed immediately prior to December 22,	39371
1992, the amount used to calculate the efficiency incentive for	39372
the facility under division (D)(2) of this section shall be the	39373
amount that was calculated under division (B) of the former	39374
section.	39375

(F) Beginning July 1, 1993, regardless of the facility's	39376
date of licensure or the date of the nonextensive renovations, the	39377
rate for the costs of nonextensive renovations for nursing	39378
facilities shall be eighty-five per cent of the desk-reviewed,	39379
actual, allowable, per diem, nonextensive renovation costs. This	39380
division applies to nonextensive renovations regardless of whether	39381
they are made by an owner or a lessee. If the tenancy of a lessee	39382
that has made nonextensive renovations ends before the	39383
depreciation expense for the renovation costs has been fully	39384
reported, the former lessee shall not report the undepreciated	39385
balance as an expense.	39386

(1) For a nonextensive renovation made after July 1, 1993,	39387
to qualify for payment under this division, both of the following	39388
conditions must be met:	39389

(a) At least five years have elapsed since the date of	39390
licensure of the portion of the facility that is proposed to be	39391
renovated, except that this condition does not apply if the	39392
renovation is necessary to meet the requirements of federal,	39393
state, or local statutes, ordinances, rules, or policies.	39394

(b) The provider has obtained prior approval from the	39395
department of job and family services, and if required the	39396
director of health has granted a certificate of need for the	39397
renovation under section 3702.52 of the Revised Code. The	39398
provider shall submit a plan that describes in detail the changes	39399
in capital assets to be accomplished by means of the renovation	39400
and the timetable for completing the project. The time for	39401
completion of the project shall be no more than eighteen months	39402
after the renovation begins. The department of job and family	39403
services shall adopt rules in accordance with Chapter 119. of the	39404
Revised Code that specify criteria and procedures for prior	39405
approval of renovation projects. No provider shall separate a	39406
project with the intent to evade the characterization of the	39407
project as a renovation or as an extensive renovation. No	39408
provider shall increase the scope of a project after it is	39409
approved by the department of job and family services unless the	39410
increase in scope is approved by the department.	39411

(2) The payment provided for in this division is the only	39412
payment that shall be made for the costs of a nonextensive	39413
renovation. Nonextensive renovation costs shall not be included	39414
in costs of ownership, and a nonextensive renovation shall not	39415
affect the date of licensure for purposes of calculating the	39416
efficiency incentive under divisions (D) and (E) of this section.	39417

(G) The owner of a nursing facility operating under a	39418
provider agreement shall provide written notice to the department	39419
of job and family services at least forty-five days prior to	39420
entering into any contract of sale for the facility or voluntarily	39421
terminating participation in the medical assistance program. After	39422
the date on which a transaction of sale is closed, the owner shall	39423
refund to the department the amount of excess depreciation paid to	39424
the facility by the department for each year the owner has	39425
operated the facility under a provider agreement and prorated	39426
according to the number of medicaid patient days for which the	39427
facility has received payment. If a nursing facility is sold	39428
after five or fewer years of operation under a provider agreement,	39429
the refund to the department shall be equal to the excess	39430
depreciation paid to the facility. If a nursing facility is sold	39431
after more than five years but less than ten years of operation	39432
under a provider agreement, the refund to the department shall	39433
equal the excess depreciation paid to the facility multiplied by	39434
twenty per cent, multiplied by the difference between ten and the	39435
number of years that the facility was operated under a provider	39436
agreement. If a nursing facility is sold after ten or more years	39437
of operation under a provider agreement, the owner shall not	39438
refund any excess depreciation to the department. The owner of a	39439
facility that is sold or that voluntarily terminates participation	39440
in the medical assistance program also shall refund any other	39441
amount that the department properly finds to be due after the	39442
audit conducted under this division. For the purposes of this	39443
division, "depreciation paid to the facility" means the amount	39444
paid to the nursing facility for cost of ownership pursuant to	39445
this section less any amount paid for interest costs, amortization	39446
of financing costs, and lease expenses. For the purposes of this	39447
division, "excess depreciation" is the nursing facility's	39448
depreciated basis, which is the owner's cost less accumulated	39449
depreciation, subtracted from the purchase price net of selling	39450
costs but not exceeding the amount of depreciation paid to the	39451
facility.	39452

A cost report shall be filed with the department within	39453
ninety days after the date on which the transaction of sale is	39454
closed or participation is voluntarily terminated. The report	39455
shall show the accumulated depreciation, the sales price, and	39456
other information required by the department. The department	39457
shall provide for a bank, trust company, or savings and loan	39458
association to hold in escrow the amount of the last two monthly	39459
payments to a nursing facility made pursuant to division (A)(1) of	39460
section 5111.22 of the Revised Code before a sale or termination	39461
of participation shall be held in escrow by a bank, trust company,	39462
or savings and loan association, except that ifor, if the owner	39463
fails, within the time required by this division, to notify the	39464
department before entering into a contract of sale for the	39465
facility, the amount of the first two monthly payments made to the	39466
facility after the department learns of the contract, regardless	39467
of whether a new owner is in possession of the facility. If the	39468
amount the owner will be required to refund under this section is	39469
likely to be less than the amount of the last two monthly payments	39470
otherwise put into escrow under this division, the department	39471
shall take one of the following actions instead of withholding the	39472
amount of the last two monthly payments:	39473

(1) In the case of an owner that owns other facilities that	39474
participate in the medical assistance program, obtain a promissory	39475
note in an amount sufficient to cover the amount likely to be	39476
refunded;	39477

(2) In the case of all other owners, withhold the amount of	39478
the last monthly payment to the nursing facility or, if the owner	39479
fails, within the time required by this division, to notify the	39480
department before entering into a contract of sale for the	39481
facility, the amount of the first monthly payment made to the	39482
facility after the department learns of the contract, regardless	39483
of whether a new owner is in possession of the facility.	39484

The department shall, within ninety days following the filing	39485
of the cost report, audit the cost report and issue an audit	39486
report to the owner. The department also may audit any other cost	39487
report that the facility has filed during the previous three	39488
years. In the audit report, the department shall state its	39489
findings and the amount of any money owed to the department by the	39490
nursing facility. The findings shall be subject to adjudication	39491
conducted in accordance with Chapter 119. of the Revised Code. No	39492
later than fifteen days after the owner agrees to a settlement,	39493
any funds held in escrow less any amounts due to the department	39494
shall be released to the owner and amounts due to the department	39495
shall be paid to the department. If the amounts in escrow are	39496
less than the amounts due to the department, the balance shall be	39497
paid to the department within fifteen days after the owner agrees	39498
to a settlement. If the department does not issue its audit	39499
report within the ninety-day period, the department shall release	39500
any money held in escrow to the owner. For the purposes of this	39501
section, a transfer of corporate stock, the merger of one	39502
corporation into another, or a consolidation does not constitute a	39503
sale.	39504

If a nursing facility is not sold or its participation is not	39505
terminated after notice is provided to the department under this	39506
division, the department shall order any payments held in escrow	39507
released to the facility upon receiving written notice from the	39508
owner that there will be no sale or termination. After written	39509
notice is received from a nursing facility that a sale or	39510
termination will not take place, the facility shall provide notice	39511
to the department at least forty-five days prior to entering into	39512
any contract of sale or terminating participation at any future	39513
time.	39514

(H) The department shall pay each eligible proprietary	39515
nursing facility a return on the facility's net equity computed at	39516
the rate of one and one-half times the average interest rate on	39517
special issues of public debt obligations issued to the federal	39518
hospital insurance trust fund for the cost reporting period,	39519
except that no facility's return on net equity shall exceed one	39520
dollarfifty cents per patient day.	39521

When calculating the rate for return on net equity, the	39522
department shall use the greater of the facility's inpatient days	39523
during the applicable cost reporting period or the number of	39524
inpatient days the facility would have had during that period if	39525
its occupancy rate had been ninety-five per cent.	39526

(I) If a nursing facility would receive a lower rate for	39527
capital costs for assets in the facility's possession on July 1,	39528
1993, under this section than it would receive under former	39529
section 5111.25 of the Revised Code, as the former section existed	39530
immediately prior to December 22, 1992, the facility shall receive	39531
for those assets the rate it would have received under the former	39532
section for each fiscal year beginning on or after July 1, 1993,	39533
until the rate it would receive under this section exceeds the	39534
rate it would have received under the former section. Any	39535
facility that receives a rate calculated under the former section	39536
5111.25 of the Revised Code for assets in the facility's	39537
possession on July 1, 1993, also shall receive a rate calculated	39538
under this section for costs of any assets it constructs or	39539
acquires after July 1, 1993.	39540

Sec. 5111.251.  (A) The department of job and family	39541
services shall pay each eligible intermediate care facility for	39542
the mentally retarded for its reasonable capital costs, a per	39543
resident per day rate established prospectively each fiscal year	39544
for each intermediate care facility for the mentally retarded.	39545
Except as otherwise provided in sections 5111.20 to 5111.32 of the	39546
Revised Code, the rate shall be based on the facility's capital	39547
costs for the calendar year preceding the fiscal year in which the	39548
rate will be paid. The rate shall equal the sum of the following:	39549

(1) The facility's desk-reviewed, actual, allowable, per	39550
diem cost of ownership for the preceding cost reporting period,	39551
limited as provided in divisions (C) and (F) of this section;	39552

(2) Any efficiency incentive determined under division (B)	39553
of this section;	39554

(3) Any amounts for renovations determined under division	39555
(D) of this section;	39556

(4) Any amounts for return on equity determined under	39557
division (I) of this section.	39558

Buildings shall be depreciated using the straight line method	39559
over forty years or over a different period approved by the	39560
department. Components and equipment shall be depreciated using	39561
the straight line method over a period designated by the director	39562
of job and family services in rules adopted in accordance with	39563
Chapter 119. of the Revised Code, consistent with the guidelines	39564
of the American hospital association, or over a different period	39565
approved by the department of job and family services. Any rules	39566
adopted under this division that specify useful lives of	39567
buildings, components, or equipment apply only to assets acquired	39568
on or after July 1, 1993. Depreciation for costs paid or	39569
reimbursed by any government agency shall not be included in costs	39570
of ownership or renovation unless that part of the payment under	39571
sections 5111.20 to 5111.32 of the Revised Code is used to	39572
reimburse the government agency.	39573

(B) The department of job and family services shall pay to	39574
each intermediate care facility for the mentally retarded an	39575
efficiency incentive equal to fifty per cent of the difference	39576
between any desk-reviewed, actual, allowable cost of ownership and	39577
the applicable limit on cost of ownership payments under division	39578
(C) of this section. For purposes of computing the efficiency	39579
incentive, depreciation for costs paid or reimbursed by any	39580
government agency shall be considered as a cost of ownership, and	39581
the applicable limit under division (C) of this section shall	39582
apply both to facilities with more than eight beds and facilities	39583
with eight or fewer beds. The efficiency incentive paid to a	39584
facility with eight or fewer beds shall not exceed three dollars	39585
per patient day, adjusted annually for the inflation rate for the	39586
twelve-month period beginning on the first day of July of the	39587
calendar year preceding the calendar year that precedes the fiscal	39588
year for which the efficiency incentive is determined and ending	39589
on the thirtieth day of the following June, using the consumer	39590
price index for shelter costs for all urban consumers for the	39591
north central region, as published by the United States bureau of	39592
labor statistics.	39593

(C) Cost of ownership payments to intermediate care	39594
facilities for the mentally retarded with more than eight beds	39595
shall not exceed the following limits:	39596

(1) For facilities with dates of licensure prior to January	39597
1, l958, not exceeding two dollars and fifty cents per patient	39598
day;	39599

(2) For facilities with dates of licensure after December	39600
31, l957, but prior to January 1, l968, not exceeding:	39601

(a) Three dollars and fifty cents per patient day if the	39602
cost of construction was three thousand five hundred dollars or	39603
more per bed;	39604

(b) Two dollars and fifty cents per patient day if the cost	39605
of construction was less than three thousand five hundred dollars	39606
per bed.	39607

(3) For facilities with dates of licensure after December	39608
31, l967, but prior to January 1, l976, not exceeding:	39609

(a) Four dollars and fifty cents per patient day if the cost	39610
of construction was five thousand one hundred fifty dollars or	39611
more per bed;	39612

(b) Three dollars and fifty cents per patient day if the	39613
cost of construction was less than five thousand one hundred fifty	39614
dollars per bed, but exceeds three thousand five hundred dollars	39615
per bed;	39616

(c) Two dollars and fifty cents per patient day if the cost	39617
of construction was three thousand five hundred dollars or less	39618
per bed.	39619

(4) For facilities with dates of licensure after December	39620
31, l975, but prior to January 1, l979, not exceeding:	39621

(a) Five dollars and fifty cents per patient day if the cost	39622
of construction was six thousand eight hundred dollars or more per	39623
bed;	39624

(b) Four dollars and fifty cents per patient day if the cost	39625
of construction was less than six thousand eight hundred dollars	39626
per bed but exceeds five thousand one hundred fifty dollars per	39627
bed;	39628

(c) Three dollars and fifty cents per patient day if the	39629
cost of construction was five thousand one hundred fifty dollars	39630
or less per bed, but exceeds three thousand five hundred dollars	39631
per bed;	39632

(d) Two dollars and fifty cents per patient day if the cost	39633
of construction was three thousand five hundred dollars or less	39634
per bed.	39635

(5) For facilities with dates of licensure after December	39636
31, l978, but prior to January 1, l980, not exceeding:	39637

(a) Six dollars per patient day if the cost of construction	39638
was seven thousand six hundred twenty-five dollars or more per	39639
bed;	39640

(b) Five dollars and fifty cents per patient day if the cost	39641
of construction was less than seven thousand six hundred	39642
twenty-five dollars per bed but exceeds six thousand eight hundred	39643
dollars per bed;	39644

(c) Four dollars and fifty cents per patient day if the cost	39645
of construction was six thousand eight hundred dollars or less per	39646
bed but exceeds five thousand one hundred fifty dollars per bed;	39647

(d) Three dollars and fifty cents per patient day if the	39648
cost of construction was five thousand one hundred fifty dollars	39649
or less but exceeds three thousand five hundred dollars per bed;	39650

(e) Two dollars and fifty cents per patient day if the cost	39651
of construction was three thousand five hundred dollars or less	39652
per bed.	39653

(6) For facilities with dates of licensure after December	39654
31, 1979, but prior to January 1, 1981, not exceeding:	39655

(a) Twelve dollars per patient day if the beds were	39656
originally licensed as residential facility beds by the department	39657
of mental retardation and developmental disabilities;	39658

(b) Six dollars per patient day if the beds were originally	39659
licensed as nursing home beds by the department of health.	39660

(7) For facilities with dates of licensure after December	39661
31, 1980, but prior to January 1, 1982, not exceeding:	39662

(a) Twelve dollars per patient day if the beds were	39663
originally licensed as residential facility beds by the department	39664
of mental retardation and developmental disabilities;	39665

(b) Six dollars and forty-five cents per patient day if the	39666
beds were originally licensed as nursing home beds by the	39667
department of health.	39668

(8) For facilities with dates of licensure after December	39669
31, 1981, but prior to January 1, 1983, not exceeding:	39670

(a) Twelve dollars per patient day if the beds were	39671
originally licensed as residential facility beds by the department	39672
of mental retardation and developmental disabilities;	39673

(b) Six dollars and seventy-nine cents per patient day if	39674
the beds were originally licensed as nursing home beds by the	39675
department of health.	39676

(9) For facilities with dates of licensure after December	39677
31, 1982, but prior to January 1, 1984, not exceeding:	39678

(a) Twelve dollars per patient day if the beds were	39679
originally licensed as residential facility beds by the department	39680
of mental retardation and developmental disabilities;	39681

(b) Seven dollars and nine cents per patient day if the beds	39682
were originally licensed as nursing home beds by the department of	39683
health.	39684

(10) For facilities with dates of licensure after December	39685
31, 1983, but prior to January 1, 1985, not exceeding:	39686

(a) Twelve dollars and twenty-four cents per patient day if	39687
the beds were originally licensed as residential facility beds by	39688
the department of mental retardation and developmental	39689
disabilities;	39690

(b) Seven dollars and twenty-three cents per patient day if	39691
the beds were originally licensed as nursing home beds by the	39692
department of health.	39693

(11) For facilities with dates of licensure after December	39694
31, 1984, but prior to January 1, 1986, not exceeding:	39695

(a) Twelve dollars and fifty-three cents per patient day if	39696
the beds were originally licensed as residential facility beds by	39697
the department of mental retardation and developmental	39698
disabilities;	39699

(b) Seven dollars and forty cents per patient day if the	39700
beds were originally licensed as nursing home beds by the	39701
department of health.	39702

(12) For facilities with dates of licensure after December	39703
31, 1985, but prior to January 1, 1987, not exceeding:	39704

(a) Twelve dollars and seventy cents per patient day if the	39705
beds were originally licensed as residential facility beds by the	39706
department of mental retardation and developmental disabilities;	39707

(b) Seven dollars and fifty cents per patient day if the	39708
beds were originally licensed as nursing home beds by the	39709
department of health.	39710

(13) For facilities with dates of licensure after December	39711
31, 1986, but prior to January 1, 1988, not exceeding:	39712

(a) Twelve dollars and ninety-nine cents per patient day if	39713
the beds were originally licensed as residential facility beds by	39714
the department of mental retardation and developmental	39715
disabilities;	39716

(b) Seven dollars and sixty-seven cents per patient day if	39717
the beds were originally licensed as nursing home beds by the	39718
department of health.	39719

(14) For facilities with dates of licensure after December	39720
31, 1987, but prior to January 1, 1989, not exceeding thirteen	39721
dollars and twenty-six cents per patient day;	39722

(15) For facilities with dates of licensure after December	39723
31, 1988, but prior to January 1, 1990, not exceeding thirteen	39724
dollars and forty-six cents per patient day;	39725

(16) For facilities with dates of licensure after December	39726
31, 1989, but prior to January 1, 1991, not exceeding thirteen	39727
dollars and sixty cents per patient day;	39728

(17) For facilities with dates of licensure after December	39729
31, 1990, but prior to January 1, 1992, not exceeding thirteen	39730
dollars and forty-nine cents per patient day;	39731

(18) For facilities with dates of licensure after December	39732
31, 1991, but prior to January 1, 1993, not exceeding thirteen	39733
dollars and sixty-seven cents per patient day;	39734

(19) For facilities with dates of licensure after December	39735
31, 1992, not exceeding fourteen dollars and twenty-eight cents	39736
per patient day.	39737

(D) Beginning January 1, 1981, regardless of the original	39738
date of licensure, the department of job and family services shall	39739
pay a rate for the per diem capitalized costs of renovations to	39740
intermediate care facilities for the mentally retarded made after	39741
January 1, l981, not exceeding six dollars per patient day using	39742
1980 as the base year and adjusting the amount annually until June	39743
30, 1993, for fluctuations in construction costs calculated by the	39744
department using the "Dodge building cost indexes, northeastern	39745
and north central states," published by Marshall and Swift. The	39746
payment provided for in this division is the only payment that	39747
shall be made for the capitalized costs of a nonextensive	39748
renovation of an intermediate care facility for the mentally	39749
retarded. Nonextensive renovation costs shall not be included in	39750
cost of ownership, and a nonextensive renovation shall not affect	39751
the date of licensure for purposes of division (C) of this	39752
section. This division applies to nonextensive renovations	39753
regardless of whether they are made by an owner or a lessee. If	39754
the tenancy of a lessee that has made renovations ends before the	39755
depreciation expense for the renovation costs has been fully	39756
reported, the former lessee shall not report the undepreciated	39757
balance as an expense.	39758

For a nonextensive renovation to qualify for payment under	39759
this division, both of the following conditions must be met:	39760

(1) At least five years have elapsed since the date of	39761
licensure or date of an extensive renovation of the portion of the	39762
facility that is proposed to be renovated, except that this	39763
condition does not apply if the renovation is necessary to meet	39764
the requirements of federal, state, or local statutes, ordinances,	39765
rules, or policies.	39766

(2) The provider has obtained prior approval from the	39767
department of job and family services. The provider shall submit	39768
a plan that describes in detail the changes in capital assets to	39769
be accomplished by means of the renovation and the timetable for	39770
completing the project. The time for completion of the project	39771
shall be no more than eighteen months after the renovation begins.	39772
The director of job and family services shall adopt rules in	39773
accordance with Chapter 119. of the Revised Code that specify	39774
criteria and procedures for prior approval of renovation projects.	39775
No provider shall separate a project with the intent to evade the	39776
characterization of the project as a renovation or as an extensive	39777
renovation. No provider shall increase the scope of a project	39778
after it is approved by the department of job and family services	39779
unless the increase in scope is approved by the department.	39780

(E) The amounts specified in divisions (C) and (D) of this	39781
section shall be adjusted beginning July 1, 1993, for the	39782
estimated inflation for the twelve-month period beginning on the	39783
first day of July of the calendar year preceding the calendar year	39784
that precedes the fiscal year for which rate will be paid and	39785
ending on the thirtieth day of the following June, using the	39786
consumer price index for shelter costs for all urban consumers for	39787
the north central region, as published by the United States bureau	39788
of labor statistics.	39789

(F)(1) For facilities of eight or fewer beds that have dates	39790
of licensure or have been granted project authorization by the	39791
department of mental retardation and developmental disabilities	39792
before July 1, 1993, and for facilities of eight or fewer beds	39793
that have dates of licensure or have been granted project	39794
authorization after that date if the facilities demonstrate that	39795
they made substantial commitments of funds on or before that date,	39796
cost of ownership shall not exceed eighteen dollars and thirty	39797
cents per resident per day. The eighteen-dollar and thirty-cent	39798
amount shall be increased by the change in the "Dodge building	39799
cost indexes, northeastern and north central states," published by	39800
Marshall and Swift, during the period beginning June 30, 1990, and	39801
ending July 1, 1993, and by the change in the consumer price index	39802
for shelter costs for all urban consumers for the north central	39803
region, as published by the United States bureau of labor	39804
statistics, annually thereafter.	39805

(2) For facilities with eight or fewer beds that have dates	39806
of licensure or have been granted project authorization by the	39807
department of mental retardation and developmental disabilities on	39808
or after July 1, 1993, for which substantial commitments of funds	39809
were not made before that date, cost of ownership payments shall	39810
not exceed the applicable amount calculated under division (F)(1)	39811
of this section, if the department of job and family services	39812
gives prior approval for construction of the facility. If the	39813
department does not give prior approval, cost of ownership	39814
payments shall not exceed the amount specified in division (C) of	39815
this section.	39816

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	39817
section, the total payment for cost of ownership, cost of	39818
ownership efficiency incentive, and capitalized costs of	39819
renovations for an intermediate care facility for the mentally	39820
retarded with eight or fewer beds shall not exceed the sum of the	39821
limitations specified in divisions (C) and (D) of this section.	39822

(G) Notwithstanding any provision of this section or section	39823
5111.24 of the Revised Code, the director of job and family	39824
services may adopt rules in accordance with Chapter 119. of the	39825
Revised Code that provide for a calculation of a combined maximum	39826
payment limit for indirect care costs and cost of ownership for	39827
intermediate care facilities for the mentally retarded with eight	39828
or fewer beds.	39829

(H) After June 30, 1980, the owner of an intermediate care	39830
facility for the mentally retarded operating under a provider	39831
agreement shall provide written notice to the department of job	39832
and family services at least forty-five days prior to entering	39833
into any contract of sale for the facility or voluntarily	39834
terminating participation in the medical assistance program. After	39835
the date on which a transaction of sale is closed, the owner shall	39836
refund to the department the amount of excess depreciation paid to	39837
the facility by the department for each year the owner has	39838
operated the facility under a provider agreement and prorated	39839
according to the number of medicaid patient days for which the	39840
facility has received payment. If an intermediate care facility	39841
for the mentally retarded is sold after five or fewer years of	39842
operation under a provider agreement, the refund to the department	39843
shall be equal to the excess depreciation paid to the facility. If	39844
an intermediate care facility for the mentally retarded is sold	39845
after more than five years but less than ten years of operation	39846
under a provider agreement, the refund to the department shall	39847
equal the excess depreciation paid to the facility multiplied by	39848
twenty per cent, multiplied by the number of years less than ten	39849
that a facility was operated under a provider agreement. If an	39850
intermediate care facility for the mentally retarded is sold after	39851
ten or more years of operation under a provider agreement, the	39852
owner shall not refund any excess depreciation to the department.	39853
For the purposes of this division, "depreciation paid to the	39854
facility" means the amount paid to the intermediate care facility	39855
for the mentally retarded for cost of ownership pursuant to this	39856
section less any amount paid for interest costs. For the purposes	39857
of this division, "excess depreciation" is the intermediate care	39858
facility for the mentally retarded's depreciated basis, which is	39859
the owner's cost less accumulated depreciation, subtracted from	39860
the purchase price but not exceeding the amount of depreciation	39861
paid to the facility.	39862

A cost report shall be filed with the department within	39863
ninety days after the date on which the transaction of sale is	39864
closed or participation is voluntarily terminated for an	39865
intermediate care facility for the mentally retarded subject to	39866
this division. The report shall show the accumulated	39867
depreciation, the sales price, and other information required by	39868
the department. The department shall provide for a bank, trust	39869
company, or savings and loan association to hold in escrow the	39870
amount of the last two monthly payments to an intermediate care	39871
facility for the mentally retarded made pursuant to division	39872
(A)(1) of section 5111.22 of the Revised Code before a sale or	39873
voluntary termination of participation shall be held in escrow by	39874
a bank, trust company, or savings and loan association, except	39875
that ifor, if the owner fails, within the time required by this	39876
division, to notify the department before entering into a contract	39877
of sale for the facility, the amount of the first two monthly	39878
payments made to the facility after the department learns of the	39879
contract, regardless of whether a new owner is in possession of	39880
the facility. If the amount the owner will be required to refund	39881
under this section is likely to be less than the amount of the	39882
last two monthly payments otherwise put into escrow under this	39883
division, the department shall take one of the following actions	39884
instead of withholding the amount of the last two monthly	39885
payments:	39886

(1) In the case of an owner that owns other facilities that	39887
participate in the medical assistance program, obtain a promissory	39888
note in an amount sufficient to cover the amount likely to be	39889
refunded;	39890

(2) In the case of all other owners, withhold the amount of	39891
the last monthly payment to the intermediate care facility for the	39892
mentally retarded or, if the owner fails, within the time required	39893
by this division, to notify the department before entering into a	39894
contract of sale for the facility, the amount of the first monthly	39895
payment made to the facility after the department learns of the	39896
contract, regardless of whether a new owner is in possession of	39897
the facility.	39898

The department shall, within ninety days following the filing	39899
of the cost report, audit the report and issue an audit report to	39900
the owner. The department also may audit any other cost reports	39901
for the facility that have been filed during the previous three	39902
years. In the audit report, the department shall state its	39903
findings and the amount of any money owed to the department by the	39904
intermediate care facility for the mentally retarded. The	39905
findings shall be subject to an adjudication conducted in	39906
accordance with Chapter 119. of the Revised Code. No later than	39907
fifteen days after the owner agrees to a settlement, any funds	39908
held in escrow less any amounts due to the department shall be	39909
released to the owner and amounts due to the department shall be	39910
paid to the department. If the amounts in escrow are less than	39911
the amounts due to the department, the balance shall be paid to	39912
the department within fifteen days after the owner agrees to a	39913
settlement. If the department does not issue its audit report	39914
within the ninety-day period, the department shall release any	39915
money held in escrow to the owner. For the purposes of this	39916
section, a transfer of corporate stock, the merger of one	39917
corporation into another, or a consolidation does not constitute a	39918
sale.	39919

If an intermediate care facility for the mentally retarded is	39920
not sold or its participation is not terminated after notice is	39921
provided to the department under this division, the department	39922
shall order any payments held in escrow released to the facility	39923
upon receiving written notice from the owner that there will be no	39924
sale or termination of participation. After written notice is	39925
received from an intermediate care facility for the mentally	39926
retarded that a sale or termination of participation will not take	39927
place, the facility shall provide notice to the department at	39928
least forty-five days prior to entering into any contract of sale	39929
or terminating participation at any future time.	39930

(I) The department of job and family services shall pay each	39931
eligible proprietary intermediate care facility for the mentally	39932
retarded a return on the facility's net equity computed at the	39933
rate of one and one-half times the average of interest rates on	39934
special issues of public debt obligations issued to the federal	39935
hospital insurance trust fund for the cost reporting period. No	39936
facility's return on net equity paid under this division shall	39937
exceed one dollar per patient day.	39938

In calculating the rate for return on net equity, the	39939
department shall use the greater of the facility's inpatient days	39940
during the applicable cost reporting period or the number of	39941
inpatient days the facility would have had during that period if	39942
its occupancy rate had been ninety-five per cent.	39943

(J)(1) Except as provided in division (J)(2) of this	39944
section, if a provider leases or transfers an interest in a	39945
facility to another provider who is a related party, the related	39946
party's allowable cost of ownership shall include the lesser of	39947
the following:	39948

(a) The annual lease expense or actual cost of ownership,	39949
whichever is applicable;	39950

(b) The reasonable cost to the lessor or provider making the	39951
transfer.	39952

(2) If a provider leases or transfers an interest in a	39953
facility to another provider who is a related party, regardless of	39954
the date of the lease or transfer, the related party's allowable	39955
cost of ownership shall include the annual lease expense or actual	39956
cost of ownership, whichever is applicable, subject to the	39957
limitations specified in divisions (B) to (I) of this section, if	39958
all of the following conditions are met:	39959

(a) The related party is a relative of owner;

39960

(b) In the case of a lease, if the lessor retains any	39961
ownership interest, it is, except as provided in division	39962
(J)(2)(d)(ii) of this section, in only the real property and any	39963
improvements on the real property;	39964

(c) In the case of a transfer, the provider making the	39965
transfer retains, except as provided in division (J)(2)(d)(iv) of	39966
this section, no ownership interest in the facility;	39967

(d) The department of job and family services determines	39968
that the lease or transfer is an arm's length transaction pursuant	39969
to rules the department shall adopt in accordance with Chapter	39970
119. of the Revised Code no later than December 31, 2000. The	39971
rules shall provide that a lease or transfer is an arm's length	39972
transaction if all of the following, as applicable, apply:	39973

(i) In the case of a lease, once the lease goes into effect,	39974
the lessor has no direct or indirect interest in the lessee or,	39975
except as provided in division (J)(2)(b) of this section, the	39976
facility itself, including interest as an owner, officer,	39977
director, employee, independent contractor, or consultant, but	39978
excluding interest as a lessor.	39979

(ii) In the case of a lease, the lessor does not reacquire	39980
an interest in the facility except through the exercise of a	39981
lessor's rights in the event of a default. If the lessor	39982
reacquires an interest in the facility in this manner, the	39983
department shall treat the facility as if the lease never occurred	39984
when the department calculates its reimbursement rates for capital	39985
costs.	39986

(iii) In the case of a transfer, once the transfer goes into	39987
effect, the provider that made the transfer has no direct or	39988
indirect interest in the provider that acquires the facility or	39989
the facility itself, including interest as an owner, officer,	39990
director, employee, independent contractor, or consultant, but	39991
excluding interest as a creditor.	39992

(iv) In the case of a transfer, the provider that made the	39993
transfer does not reacquire an interest in the facility except	39994
through the exercise of a creditor's rights in the event of a	39995
default. If the provider reacquires an interest in the facility	39996
in this manner, the department shall treat the facility as if the	39997
transfer never occurred when the department calculates its	39998
reimbursement rates for capital costs.	39999

(v) The lease or transfer satisfies any other criteria	40000
specified in the rules.	40001

(e) Except in the case of hardship caused by a catastrophic	40002
event, as determined by the department, or in the case of a lessor	40003
or provider making the transfer who is at least sixty-five years	40004
of age, not less than twenty years have elapsed since, for the	40005
same facility, allowable cost of ownership was determined most	40006
recently under this division.	40007

Sec. 5111.262. CostsFor costs incurred during calendar year	40008
2000 and thereafter, costs reported in nursing facilities' cost	40009
reports for purchased nursing services shall be allowable direct	40010
care costs up to the following amounts:	40011

(A) For costs incurred during calendar year 1992, twenty per	40012
cent of the nursing facility's direct care costs specified in the	40013
cost report for services provided that year by registered nurses,	40014
licensed practical nurses, and nurse aides who are employees of	40015
the facility, plus one-half of the amount by which the reported	40016
costs for purchased nursing services exceed that percentage;	40017

(B) For costs incurred during calendar year 1993, fifteen	40018
per cent of the nursing facility's costs specified in the cost	40019
report for services provided that year by registered nurses,	40020
licensed practical nurses, and nurse aides who are employees of	40021
the facility, plus one-half of the amount by which the reported	40022
costs for purchased nursing services exceed that percentage;	40023

(C) For costs incurred during calendar year 1994 and each	40024
calendar year thereafter, tentwenty per cent of the nursing	40025
facility's costs specified in the cost report for services	40026
provided that year by registered nurses, licensed practical	40027
nurses, and nurse aides who are employees of the facility, plus	40028
one-half of the amount by which the reported costs for purchased	40029
nursing services exceed that percentage.	40030

Sec. 5111.28.  (A) If a provider properly amends its cost	40031
report under section 5111.27 of the Revised Code and the amended	40032
report shows that the provider received a lower rate under the	40033
original cost report than it was entitled to receive, the	40034
department shall adjust the provider's rate prospectively to	40035
reflect the corrected information. The department shall pay the	40036
adjusted rate beginning two months after the first day of the	40037
month after the provider files the amended cost report. If the	40038
department finds, from an exception review of resident assessment	40039
information conducted after the effective date of the rate for	40040
direct care costs that is based on the assessment information,	40041
that inaccurate assessment information resulted in the provider	40042
receiving a lower rate than it was entitled to receive, the	40043
department prospectively shall adjust the provider's rate	40044
accordingly and shall make payments using the adjusted rate for	40045
the remainder of the calendar quarter for which the assessment	40046
information is used to determine the rate, beginning one month	40047
after the first day of the month after the exception review is	40048
completed.	40049

(B) If the provider properly amends its cost report under	40050
section 5111.27 of the Revised Code, the department makes a	40051
finding based on an audit under that section, or the department	40052
makes a finding based on an exception review of resident	40053
assessment information conducted under that section after the	40054
effective date of the rate for direct care costs that is based on	40055
the assessment information, any of which results in a	40056
determination that the provider has received a higher rate than it	40057
was entitled to receive, the department shall recalculate the	40058
provider's rate using the revised information. The department	40059
shall apply the recalculated rate to the periods when the provider	40060
received the incorrect rate to determine the amount of the	40061
overpayment. The provider shall refund the amount of the	40062
overpayment.	40063

In addition to requiring a refund under this division, the	40064
department may charge the provider interest at the applicable rate	40065
specified in this division from the time the overpayment was made.	40066

(1) If the overpayment resulted from costs reported for	40067
calendar year 1993, the interest shall be no greater than one and	40068
one-half times the average bank prime rate.	40069

(2) If the overpayment resulted from costs reported for	40070
subsequent calendar years:	40071

(a) The interest shall be no greater than two times the	40072
average bank prime rate if the overpayment was equal to or less	40073
than one per cent of the total medicaid payments to the provider	40074
for the fiscal year for which the incorrect information was used	40075
to establish a rate.	40076

(b) The interest shall be no greater than two and one-half	40077
times the current average bank prime rate if the overpayment was	40078
greater than one per cent of the total medicaid payments to the	40079
provider for the fiscal year for which the incorrect information	40080
was used to establish a rate.	40081

(3) The department shall determine the average bank prime	40082
rate using statistical release H.15, "selected interest rates," a	40083
weekly publication of the federal reserve board, or any successor	40084
publication. If statistical release H.15, or its successor,	40085
ceases to contain the bank prime rate information or ceases to be	40086
published, the department shall request a written statement of the	40087
average bank prime rate from the federal reserve bank of Cleveland	40088
or the federal reserve board.	40089

(C) The department also may impose the following penalties:

40090

(1) If a provider does not furnish invoices or other	40091
documentation that the department requests during an audit within	40092
sixty days after the request, no more than the greater of one	40093
thousand dollars per audit or twenty-five per cent of the	40094
cumulative amount by which the costs for which documentation was	40095
not furnished increased the total medicaid payments to the	40096
provider during the fiscal year for which the costs were used to	40097
establish a rate;	40098

(2) If an owner fails to provide notice of sale of the	40099
facility or voluntary termination of participation in the medical	40100
assistance program, as required by section 5111.25 or 5111.251 of	40101
the Revised Code, no more than twothe current average bank prime	40102
rate plus four per cent of the last two monthly payments.	40103

(D) If the provider continues to participate in the medical	40104
assistance program, the department shall deduct any amount that	40105
the provider is required to refund under this section, and the	40106
amount of any interest charged or penalty imposed under this	40107
section, from the next available payment from the department to	40108
the provider. The department and the provider may enter into an	40109
agreement under which the amount, together with interest, is	40110
deducted in installments from payments from the department to the	40111
provider.	40112

(E) The department shall transmit refunds and penalties to	40113
the treasurer of state for deposit in the general revenue fund.	40114

(F) For the purpose of this section, the department shall	40115
determine the average bank prime rate using statistical release	40116
H.15, "selected interest rates," a weekly publication of the	40117
federal reserve board, or any successor publication. If	40118
statistical release H.15, or its successor, ceases to contain the	40119
bank prime rate information or ceases to be published, the	40120
department shall request a written statement of the average bank	40121
prime rate from the federal reserve bank of Cleveland or the	40122
federal reserve board.	40123

Sec. 5111.29.  (A) The director of job and family services	40124
shall adopt rules in accordance with Chapter 119. of the Revised	40125
Code that establish a process under which a nursing facility or	40126
intermediate care facility for the mentally retarded, or a group	40127
or association of facilities, may seek reconsideration of rates	40128
established under sections 5111.23 to 5111.28 of the Revised Code,	40129
including a rate for direct care costs recalculated before the	40130
effective date of the rate as a result of an exception review of	40131
resident assessment information conducted under section 5111.27 of	40132
the Revised Code.	40133

(1) Except as provided in divisions (A)(2) to (4) of this	40134
section, the only issue that a facility, group, or association may	40135
raise in the rate reconsideration shall be whether the rate was	40136
calculated in accordance with sections 5111.23 to 5111.28 of the	40137
Revised Code and the rules adopted under those sections. The	40138
rules shall permit a facility, group, or association to submit	40139
written arguments or other materials that support its position.	40140
The rules shall specify time frames within which the facility,	40141
group, or association and the department must act. If the	40142
department determines, as a result of the rate reconsideration,	40143
that the rate established for one or more facilities is less than	40144
the rate to which it is entitled, the department shall increase	40145
the rate. If the department has paid the incorrect rate for a	40146
period of time, the department shall pay the facility the	40147
difference between the amount it was paid for that period and the	40148
amount it should have been paid.	40149

(2) The rules shall provide that during a fiscal year, the	40150
department, by means of the rate reconsideration process, may	40151
increase a facility's rate as calculated under sections 5111.23 to	40152
5111.28 of the Revised Code if the facility demonstrates that its	40153
actual, allowable costs have increased because of extreme	40154
circumstances. A facility may qualify for a rate increase only if	40155
its per diem, actual, allowable costs have increased to a level	40156
that exceeds its total rate, including any efficiency incentive	40157
and return on equity payment. The rules shall specify the	40158
circumstances that would justify a rate increase under division	40159
(A)(2) of this section. TheIn the case of nursing facilities, the	40160
rules shall provide that the extreme circumstances include	40161
increased security costs for an inner-city nursing facility and an	40162
increase in workers' compensation experience rating of greater	40163
than five per cent for a facility that has an appropriate claims	40164
management program but do not include a change of ownership that	40165
results from bankruptcy, foreclosure, or findings of violations of	40166
certification requirements by the department of health. In the	40167
case of intermediate care facilities for the mentally retarded,	40168
the rules shall provide that the extreme circumstances include,	40169
but are not limited to, renovations approved under division (D) of	40170
section 5111.251 of the Revised Code, an increase in workers'	40171
compensation experience rating of greater than five per cent for a	40172
facility that has an appropriate claims management program,	40173
increased security costs for an inner-city facility, and a change	40174
of ownership that results from bankruptcy, foreclosure, or	40175
findings of violations of certification requirements by the	40176
department of health. An increase under division (A)(2) of this	40177
section is subject to any rate limitations or maximum rates	40178
established by sections 5111.23 to 5111.28 of the Revised Code for	40179
specific cost centers. Any rate increase granted under division	40180
(A)(2) of this section shall take effect on the first day of the	40181
first month after the department receives the request.	40182

(3) The rules shall provide that the department, through the	40183
rate reconsideration process, may increase a facility's rate as	40184
calculated under sections 5111.23 to 5111.28 of the Revised Code	40185
if the department, in its sole discretion, determines that the	40186
rate as calculated under those sections works an extreme hardship	40187
on the facility.	40188

(4) The rules shall provide that when beds certified for the	40189
medical assistance program are added to an existing facility,	40190
replaced at the same site, or subject to a change of ownership or	40191
lease, the department, through the rate reconsideration process,	40192
shall increase the facility's rate for capital costs	40193
proportionately, as limited by any applicable limitation under	40194
section 5111.25 or 5111.251 of the Revised Code, to account for	40195
the costs of the beds that are added, replaced, or subject to a	40196
change of ownership or lease. The department shall make this	40197
increase one month after the first day of the month after the	40198
department receives sufficient documentation of the costs. Any	40199
rate increase granted under division (A)(4) of this section after	40200
June 30, 1993, shall remain in effect until the effective date of	40201
a rate calculated under section 5111.25 or 5111.251 of the Revised	40202
Code that includes costs incurred for a full calendar year for the	40203
bed addition, bed replacement, or change of ownership or lease.	40204
The facility shall report double accumulated depreciation in an	40205
amount equal to the depreciation included in the rate adjustment	40206
on its cost report for the first year of operation. During the	40207
term of any loan used to finance a project for which a rate	40208
adjustment is granted under division (A)(4) of this section, if	40209
the facility is operated by the same provider, the facility shall	40210
subtract from the interest costs it reports on its cost report an	40211
amount equal to the difference between the following:	40212

(a) The actual, allowable interest costs for the loan during	40213
the calendar year for which the costs are being reported;	40214

(b) The actual, allowable interest costs attributable to the	40215
loan that were used to calculate the rates paid to the facility	40216
during the same calendar year.	40217

(5) The department's decision at the conclusion of the	40218
reconsideration process shall not be subject to any administrative	40219
proceedings under Chapter 119. or any other provision of the	40220
Revised Code.	40221

(B) Any audit disallowance that the department makes as the	40222
result of an audit under section 5111.27 of the Revised Code, any	40223
adverse finding that results from an exception review of resident	40224
assessment information conducted under that section after the	40225
effective date of the facility's rate that is based on the	40226
assessment information, and any penalty the department imposes	40227
under division (C) of section 5111.28 of the Revised Code shall be	40228
subject to an adjudication conducted in accordance with Chapter	40229
119. of the Revised Code.	40230

Sec. 5111.34.  (A) There is hereby created the nursing	40231
facility reimbursement study council consisting of the following	40232
fifteen members:	40233

(1) The director of job and family services;

40234

(2) The deputy director of the office of Ohio health plans	40235
of the department of job and family services;	40236

(3) An employee of the governor's office;

40237

(4) The director of health;

40238

(5) The director of aging;

40239

(6) Two members of the house of representatives, appointed	40240
by the speaker of the house of representatives;	40241

(7) Two members of the senate, appointed by the president of	40242
the senate;	40243

(8) Two representatives of each of the following	40244
organizations, appointed by their respective governing bodies:	40245

(a) The Ohio academy of nursing homes;

40246

(b) The association of Ohio philanthropic homes and housing	40247
for the aging;	40248

(c) The Ohio health care association.

40249

Initial appointments of members described in divisions	40250
(A)(6), (7), and (8) of this section shall be made no later than	40251
ninety days after the effective date of this section. Vacancies	40252
in any of those appointments shall be filled in the same manner as	40253
original appointments. The members described in divisions	40254
(A)(6), (7), and (8) of this section shall serve at the pleasure	40255
of the official or governing body appointing the member. The	40256
members described in divisions (A)(1), (2), (3), (4), and (5) of	40257
this section shall serve for as long as they hold the position	40258
that qualifies them for membership on the council. The speaker of	40259
the house of representatives and the president of the senate	40260
jointly shall appoint the chairperson of the council. Members of	40261
the council shall serve without compensation.	40262

(B) The council shall review, on an ongoing basis, the	40263
system established by sections 5111.20 to 5111.32 of the Revised	40264
Code for reimbursing nursing facilities under the medical	40265
assistance program. The council shall recommend any changes it	40266
determines are necessary. The council periodically shall report	40267
its activities, findings, and recommendations to the governor, the	40268
speaker of the house of representatives, and the president of the	40269
senate.	40270

Sec. 5111.63. For the purposes of this section, "facility,"	40271
"medicare," and "medicaid" have the same meanings as in section	40272
3721.10 of the Revised Code.	40273

The department of health shall be the designee of the	40274
department of job and family services for the purpose of	40275
conducting a hearing pursuant to section 3721.162 of the Revised	40276
Code concerning a facility's decision to transfer or discharge a	40277
resident if the resident is a medicaid recipient or medicare	40278
beneficiary.	40279

Sec. 5111.85.  (A) As used in this section, "medicaid	40280
waiver component" means a component of the medicaid program	40281
authorized by a waiver granted by the United States department of	40282
health and human services under section 1115 or 1915 of the	40283
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or	40284
1396n. "Medicaid waiver component" does not include a managed care	40285
system established under section 5111.17 of the Revised Code.	40286

(B) The director of job and family services may adopt	40287
rules under Chapter 119. of the Revised Code governing medicaid	40288
waiver components that establish all of the following:	40289

(1) Eligibility requirements for the medicaid waiver	40290
components;	40291

(2) The type, amount, duration, and scope of services the	40292
medicaid waiver components provide;	40293

(3) The conditions under which the medicaid waiver	40294
components cover services;	40295

(4) The amount the medicaid waiver components pay for	40296
services or the method by which the amount is determined;	40297

(5) The manner in which the medicaid waiver components pay	40298
for services;	40299

(6) Safeguards for the health and welfare of medicaid	40300
recipients receiving services under a medicaid waiver component;	40301

(7) Procedures for enforcing the rules, including	40302
establishing corrective action plans for, and imposing financial	40303
and administrative sanctions on, persons and government entities	40304
that violate the rules. Sanctions shall include terminating	40305
medicaid provider agreements. The procedures shall include due	40306
process protections.	40307

(8) Other policies necessary for the efficient	40308
administration of the medicaid waiver components.	40309

(C) The director of job and family services may adopt	40310
different rules for the different medicaid waiver components. The	40311
rules shall be consistent with the terms of the waiver authorizing	40312
the medicaid waiver component.	40313

(D) The director of job and family services may conduct	40314
reviews of the medicaid waiver components. The reviews may	40315
include physical inspections of records and sites where services	40316
are provided under the medicaid waiver components and interviews	40317
of providers and recipients of the services. If the director	40318
determines pursuant to a review that a person or government entity	40319
has violated a rule governing a medicaid waiver component, the	40320
director may establish a corrective action plan for the violator	40321
and impose fiscal, administrative, or both types of sanctions on	40322
the violator in accordance with rules adopted under division (B)	40323
of this section.	40324

Sec. 5111.86. The department of job and family services may	40325
enter into interagency agreements with one or more other state	40326
agencies to have the state agency administer one or more	40327
components of the medicaid program, or one or more aspects of a	40328
component, under the department's supervision. A state agency	40329
that enters into such an interagency agreement shall comply with	40330
any rules the director of job and family services has adopted	40331
governing the component, or aspect of the component, that the	40332
state agency is to administer, including any rules establishing	40333
review, audit, and corrective action plan requirements.	40334

A state agency that enters into an interagency agreement with	40335
the department under this section shall reimburse the department	40336
for the nonfederal share of the cost to the department of	40337
performing, or contracting for the performance of, a fiscal audit	40338
of the component of the medicaid program, or aspect of the	40339
component, that the state agency administers if rules governing	40340
the component, or aspect of the component, require that a fiscal	40341
audit be conducted.	40342

There is hereby created in the state treasury the medicaid	40343
administrative reimbursement fund. The department shall use money	40344
in the fund to pay for the nonfederal share of the cost of a	40345
fiscal audit for which a state agency is required by this section	40346
to reimburse the department. The department shall deposit the	40347
reimbursements into the fund.	40348

Sec. 5111.87. As used in this section and section 5111.871 of	40349
the Revised Code, "intermediate care facility for the mentally	40350
retarded" has the same meaning as in section 5111.20 of the	40351
Revised Code.	40352

The director of job and family services may apply to the	40353
United States secretary of health and human services for one or	40354
more medicaid waivers under which home and community-based	40355
services are provided to individuals with mental retardation or	40356
other developmental disability as an alternative to placement in	40357
an intermediate care facility for the mentally retarded. Before	40358
the director applies for a waiver under this section, the director	40359
shall seek, accept, and consider public comments.	40360

Sec. 5111.87.        Sec. 5111.871.  The department of job and family	40361
services shall enter into an interagency agreement with the	40362
department of mental retardation and developmental disabilities	40363
under section 5111.86 of the Revised Code with regard to the	40364
component of the medicaid program established by the department of	40365
job and family services under a waiverone or more waivers from	40366
the United States secretary of health and human services pursuant	40367
to section 1915 of the "Social Security Act," 49 Stat. 620 (1935),	40368
42 U.S.C.A. 1396n, as amended, to provide eligible medical	40369
assistancemedicaid recipients with home orand community-based	40370
services as an alternative to placement in an intermediate care	40371
facility for the mentally retarded as defined in section 5111.20	40372
of the Revised Code. The agreement shall provide for the	40373
department of mental retardation and developmental disabilities to	40374
administer the programcomponent in accordance with the terms of	40375
the waiver. The departmentsdirectors of job and family services	40376
and mental retardation and developmental disabilities shall adopt	40377
rules in accordance with Chapter 119. of the Revised Code	40378
governing the programcomponent.	40379

If the department of mental retardation and developmental	40380
disabilities or the department of job and family services denies	40381
an individual's application for home and community-based services	40382
provided under this medicaid component, the department that denied	40383
the services shall give timely notice to the individual that the	40384
individual may request a hearing under section 5101.35 of the	40385
Revised Code.	40386

The departments of mental retardation and developmental	40387
disabilities and job and family services may approve, reduce,	40388
deny, or terminate a service included in the individualized	40389
service plan developed for a medicaid recipient eligible for home	40390
and community-based services provided under this medicaid	40391
component. The departments shall consider the recommendations a	40392
county board of mental retardation and developmental disabilities	40393
makes under division (A)(1)(c) of section 5126.055 of the Revised	40394
Code. If either department approves, reduces, denies, or	40395
terminates a service, that department shall give timely notice to	40396
the medicaid recipient that the recipient may request a hearing	40397
under section 5101.35 of the Revised Code.	40398

If supported living or residential services, as defined in	40399
section 5126.01 of the Revised Code, are to be provided under this	40400
component, any person or government entity with a current, valid	40401
medicaid provider agreement and a current, valid license under	40402
section 5123.19 or certificate under section 5123.045 or 5126.431	40403
of the Revised Code may provide the services.	40404

Sec. 5111.872. When the department of mental retardation and	40405
developmental disabilities allocates enrollment numbers to a	40406
county board of mental retardation and developmental disabilities	40407
for home and community-based services provided under the component	40408
of the medicaid program that the department administers under	40409
section 5111.871 of the Revised Code, the department shall	40410
consider all of the following:	40411

(A) The number of individuals with mental retardation or	40412
other developmental disability who are on a waiting list the	40413
county board establishes under division (C) of section 5126.042 of	40414
the Revised Code for those services and are given priority on the	40415
waiting list pursuant to division (D) of that section;	40416

(B) The implementation component required by division	40417
(A)(3) of section 5126.054 of the Revised Code of the county	40418
board's plan approved under section 5123.046 of the Revised Code;	40419

(C) Anything else the department considers necessary to	40420
enable county boards to provide those services to individuals in	40421
accordance with the priority requirements of division (D) of	40422
section 5126.042 of the Revised Code.	40423

Sec. 5111.873. (A) Not later than the effective date of the	40424
first of any medicaid waivers the United States secretary of	40425
health and human services grants pursuant to a request made under	40426
section 5111.87 of the Revised Code, the director of job and	40427
family services shall adopt rules in accordance with Chapter 119.	40428
of the Revised Code establishing statewide fee schedules for home	40429
and community-based services provided under the component of the	40430
medicaid program that the department of mental retardation and	40431
developmental disabilities administers under section 5111.871 of	40432
the Revised Code. The rules shall provide for all of the	40433
following:	40434

(1) The department of mental retardation and developmental	40435
disabilities arranging for the initial and ongoing collection of	40436
cost information from a comprehensive, statistically valid sample	40437
of persons and government entities providing the services at the	40438
time the information is obtained;	40439

(2) The collection of consumer-specific information through	40440
an assessment instrument the department of mental retardation and	40441
developmental disabilities shall provide to the department of job	40442
and family services;	40443

(3) With the information collected pursuant to divisions	40444
(A)(1) and (2) of this section, an analysis of that information,	40445
and other information the director determines relevant, methods	40446
and standards for calculating the fee schedules that do all of the	40447
following:	40448

(a) Assure that the fees are consistent with	40449
efficiency, economy, and quality of care;	40450

(b) Consider the intensity of consumer resource need;

40451

(c) Recognize variations in different geographic areas	40452
regarding the resources necessary to assure the health and welfare	40453
of consumers;	40454

(d) Recognize variations in environmental supports available	40455
to consumers.	40456

(B) As part of the process of adopting rules under this	40457
section, the director shall consult with the director of mental	40458
retardation and developmental disabilities, representatives of	40459
county boards of mental retardation and developmental	40460
disabilities, persons who provide the home and community-based	40461
services, and other persons and government entities the director	40462
identifies.	40463

(C) The directors of job and family services and mental	40464
retardation and developmental disabilities shall review the rules	40465
adopted under this section at times they determine to ensure that	40466
the methods and standards established by the rules for calculating	40467
the fee schedules continue to do everything that division (A)(3)	40468
of this section requires.	40469

Sec. 5119.01.  The director of mental health is the chief	40470
executive and administrative officer of the department of mental	40471
health. The director may establish procedures for the governance	40472
of the department, conduct of its employees and officers,	40473
performance of its business, and custody, use, and preservation of	40474
departmental records, papers, books, documents, and property.	40475
Whenever the Revised Code imposes a duty upon or requires an	40476
action of the department or any of its institutions, the director	40477
shall perform the action or duty in the name of the department,	40478
except that the medical director appointed pursuant to section	40479
5119.07 of the Revised Code shall be responsible for decisions	40480
relating to medical diagnosis, treatment, rehabilitation, quality	40481
assurance, and the clinical aspects of the following: licensure	40482
of hospitals and residential facilities, research, community	40483
mental health plans, and delivery of mental health services.	40484

The director shall:

40485

(A) Adopt rules for the proper execution of the powers and	40486
duties of the department with respect to the institutions under	40487
its control, and require the performance of additional duties by	40488
the officers of the institutions as necessary to fully meet the	40489
requirements, intents, and purposes of this chapter. In case of	40490
an apparent conflict between the powers conferred upon any	40491
managing officer and those conferred by such sections upon the	40492
department, the presumption shall be conclusive in favor of the	40493
department.	40494

(B) Adopt rules for the nonpartisan management of the	40495
institutions under the department's control. An officer or	40496
employee of the department or any officer or employee of any	40497
institution under its control who, by solicitation or otherwise,	40498
exerts influence directly or indirectly to induce any other	40499
officer or employee of the department or any of its institutions	40500
to adopt the exerting officer's or employee's political views or	40501
to favor any particular person, issue, or candidate for office	40502
shall be removed from the exerting officer's or employee's office	40503
or position, by the department in case of an officer or employee,	40504
and by the governor in case of the director.	40505

(C) Appoint such employees, including the medical director,	40506
as are necessary for the efficient conduct of the department, and	40507
prescribe their titles and duties;	40508

(D) Prescribe the forms of affidavits, applications, medical	40509
certificates, orders of hospitalization and release, and all other	40510
forms, reports, and records that are required in the	40511
hospitalization or admission and release of all persons to the	40512
institutions under the control of the department, or are otherwise	40513
required under this chapter or Chapter 5122. of the Revised Code;	40514

(E) Contract with hospitals licensed by the department under	40515
section 5119.20 of the Revised Code for the care and treatment of	40516
mentally ill patients, or with persons, organizations, or agencies	40517
for the custody, supervision, care, or treatment of mentally ill	40518
persons receiving services elsewhere than within the enclosure of	40519
a hospital operated under section 5119.02 of the Revised Code;	40520

(F) Exercise the powers and perform the duties relating to	40521
community mental health facilities and services that are assigned	40522
to the director under this chapter and Chapter 340. of the Revised	40523
Code;	40524

(G) Adopt rules under Chapter 119. of the Revised Code for	40525
the establishment of minimum standards, including standards for	40526
use of seclusion and restraint, of mental health services that are	40527
not inconsistent with nationally recognized applicable standards	40528
and that facilitate participation in federal assistance programs;	40529

(H) Develop and implement clinical evaluation and monitoring	40530
of services that are operated by the department;	40531

(I)(H) At the director's discretion, adopt rules	40532
establishing standards for the adequacy of services provided by	40533
community mental health facilities, and certify the compliance of	40534
such facilities with the standards for the purpose of authorizing	40535
their participation in the health care plans of health insuring	40536
corporations under Chapter 1751. and sickness and accident	40537
insurance policies issued under Chapter 3923. of the Revised	40538
Code;. The director shall cease to certify such compliance two	40539
years after the effective date of this amendment. The director	40540
shall rescind the rules after the date the director ceases to	40541
certify such compliance.	40542

(J)(I) Adopt rules establishing standards for the	40543
performance of evaluations by a forensic center or other	40544
psychiatric program or facility of the mental condition of	40545
defendants ordered by the court under section 2919.271, or	40546
2945.371 of the Revised Code, and for the treatment of defendants	40547
who have been found incompetent to stand trial and ordered by the	40548
court under section 2945.38, 2945.39, 2945.401, or 2945.402 of the	40549
Revised Code to receive treatment in facilities;	40550

(K)(J) On behalf of the department, have the authority and	40551
responsibility for entering into contracts and other agreements;	40552

(L)(K) Prepare and publish regularly a state mental health	40553
plan that describes the department's philosophy, current	40554
activities, and long-term and short-term goals and activities;	40555

(M)(L) Adopt rules in accordance with Chapter 119. of the	40556
Revised Code specifying the supplemental services that may be	40557
provided through a trust authorized by section 1339.51 of the	40558
Revised Code;	40559

(N)(M) Adopt rules in accordance with Chapter 119. of the	40560
Revised Code establishing standards for the maintenance and	40561
distribution to a beneficiary of assets of a trust authorized by	40562
section 1339.51 of the Revised Code;	40563

(O) As used in division (I) of this section:

40564

(1) "Community mental health facility" means a facility that	40565
provides community mental health services and is included in the	40566
community mental health plan for the alcohol, drug addiction, and	40567
mental health service district in which it is located.	40568

(2) "Community mental health service" means services, other	40569
than inpatient services, provided by a community mental health	40570
facility.	40571

Sec. 5119.06.  (A) The department of mental health shall:

40572

(1) Establish and support a program at the state level to	40573
promote a community support system in accordance with section	40574
340.03 of the Revised Code to be available for every alcohol, drug	40575
addiction, and mental health service district. The department	40576
shall define the essential elements of a community support system,	40577
shall assist in identifying resources and coordinating the	40578
planning, evaluation, and delivery of services to facilitate the	40579
access of mentally ill people to public services at federal,	40580
state, and local levels, and shall operate inpatient and other	40581
mental health services pursuant to the approved community mental	40582
health plan.	40583

(2) Provide training, consultation, and technical assistance	40584
regarding mental health programs and services and appropriate	40585
prevention and mental health promotion activities, including those	40586
that are culturally sensitive, to employees of the department,	40587
community mental health agencies and boards, and other agencies	40588
providing mental health services;	40589

(3) Promote and support a full range of mental health	40590
services that are available and accessible to all residents of	40591
this state, especially for severely mentally disabled children,	40592
adolescents, and adults, and other special target populations,	40593
including racial and ethnic minorities, as determined by the	40594
department.	40595

(4) Design and set criteria for the determination of severe	40596
mental disability;	40597

(5) Establish criteria standards for evaluation of mental	40598
health programs;	40599

(6) Promote, direct, conduct, and coordinate scientific	40600
research, taking ethnic and racial differences into consideration	40601
concerning the causes and prevention of mental illness, methods of	40602
providing effective services and treatment, and means of enhancing	40603
the mental health of all residents of this state;	40604

(7) Foster the establishment and availability of vocational	40605
rehabilitation services and the creation of employment	40606
opportunities for consumers of mental health services, including	40607
members of racial and ethnic minorities;	40608

(8) Establish a program to protect and promote the rights of	40609
persons receiving mental health services, including the issuance	40610
of guidelines on informed consent and other rights;	40611

(9) Establish, in consultation with board of alcohol, drug	40612
addiction, and mental health services representatives and after	40613
consideration of the recommendations of the medical director,	40614
guidelines for the development of community mental health plans	40615
and the review and approval or disapproval of such plans submitted	40616
pursuant to section 340.03 of the Revised Code;	40617

(10) Promote the involvement of persons who are receiving or	40618
have received mental health services, including families and other	40619
persons having a close relationship to a person receiving mental	40620
health services, in the planning, evaluation, delivery, and	40621
operation of mental health services.	40622

(11) Notify and consult with the relevant constituencies	40623
that may be affected by rules, standards, and guidelines issued by	40624
the department of mental health. These constituencies shall	40625
include consumers of mental health services and their families,	40626
and may include public and private providers, employee	40627
organizations, and others when appropriate. Whenever the	40628
department proposes the adoption, amendment, or rescission of	40629
rules under Chapter 119. of the Revised Code, the notification and	40630
consultation required by this division shall occur prior to the	40631
commencement of proceedings under Chapter 119. The department	40632
shall adopt rules under Chapter 119. of the Revised Code that	40633
establish procedures for the notification and consultation	40634
required by this division.	40635

(12) In cooperation with board of alcohol, drug addiction,	40636
and mental health services representatives, provide training	40637
regarding the provision of community-based mental health services	40638
to those department employees who are utilized in state-operated,	40639
community-based mental health services;	40640

(13) Provide oversight and consultation to the department of	40641
rehabilitation and correction forconcerning the delivery of	40642
mental health services in state correctional institutions;	40643

(14) Audit mental health programs in state correctional	40644
institutions operated by the department of rehabilitation and	40645
correction for compliance with standards that have been jointly	40646
developed and promulgated by the department of mental health and	40647
the department of rehabilitation and correction. The standards	40648
shall include monitoring mechanisms to provide for quality of	40649
services in these programs.	40650

(B) The department of mental health may negotiate and enter	40651
into agreements with other agencies and institutions, both public	40652
and private, for the joint performance of its duties.	40653

Sec. 5119.22.  (A)(1) As used in this section:

40654

(a) Mental"Community mental health agency" means a community	40655
mental health agency as defined in division (H) of section 5122.01	40656
of the Revised Code, or, until two years after the effective date	40657
of this amendment, a community mental health facility certified by	40658
the department of mental health pursuant to division (I)(H) of	40659
section 5119.01 of the Revised Code.	40660

(b) Mental"Community mental health services" means any of	40661
the services listed in section 340.09 of the Revised Code.	40662

(c) "Personal care services" means services including, but	40663
not limited to, the following:	40664

(i) Assisting residents with activities of daily living;

40665

(ii) Assisting residents with self-administration of	40666
medication in accordance with rules adopted under this section;	40667

(iii) Preparing special diets, other than complex	40668
therapeutic diets, for residents pursuant to the instructions of a	40669
physician or a licensed dietitian, in accordance with rules	40670
adopted under this section.	40671

"Personal care services" does not include "skilled nursing	40672
care" as defined in section 3721.01 of the Revised Code. A	40673
facility need not provide more than one of the services listed in	40674
division (A)(1)(c) of this section to be considered to be	40675
providing personal care services.	40676

(d) "Residential facility" means a publicly or privately	40677
operated home or facility that provides one of the following:	40678

(i) Room and board, personal care services, and community	40679
mental health services to one or more persons with mental illness	40680
or persons with severe mental disabilities who are referred by or	40681
are receiving community mental health services from a community	40682
mental health agency, hospital, or practitioner;	40683

(ii) Room and board and personal care services to one or two	40684
persons with mental illness or persons with severe mental	40685
disabilities who are referred by or are receiving community mental	40686
health services from a community mental health agency, hospital,	40687
or practitioner;	40688

(iii) Room and board to five or more persons with mental	40689
illness or persons with severe mental disabilities who are	40690
referred by or are receiving community mental health services from	40691
a community mental health agency, hospital, or practitioner.	40692

The following are not residential facilities: the residence	40693
of a relative or guardian of a mentally ill individual, a hospital	40694
subject to licensure under section 5119.20 of the Revised Code, a	40695
residential facility as defined in section 5123.19 of the Revised	40696
Code, a facility providing care for a child in the custody of a	40697
public children services agency or a private agency certified	40698
under section 5103.03 of the Revised Code, a foster care facility	40699
subject to section 5103.03 of the Revised Code, an adult care	40700
facility subject to licensure under Chapter 3722. of the Revised	40701
Code, and a nursing home, residential care facility, or home for	40702
the aging subject to licensure under section 3721.02 of the	40703
Revised Code.	40704

(2) Nothing in division (A)(1)(d) of this section shall be	40705
construed to permit personal care services to be imposed on a	40706
resident who is capable of performing the activity in question	40707
without assistance.	40708

(3) Except in the case of a residential facility described	40709
in division (A)(1)(d)(i) of this section, members of the staff of	40710
a residential facility shall not administer medication to	40711
residents, all medication taken by residents of a residential	40712
facility shall be self-administered, and no person shall be	40713
admitted to or retained by a residential facility unless the	40714
person is capable of taking the person's own medication and	40715
biologicals, as determined in writing by the person's personal	40716
physician. Members of the staff of a residential facility may do	40717
any of the following:	40718

(a) Remind a resident when to take medication and watch to	40719
ensure that the resident follows the directions on the container;	40720

(b) Assist a resident in the self-administration of	40721
medication by taking the medication from the locked area where it	40722
is stored, in accordance with rules adopted pursuant to this	40723
section, and handing it to the resident. If the resident is	40724
physically unable to open the container, a staff member may open	40725
the container for the resident.	40726

(c) Assist a physically impaired but mentally alert	40727
resident, such as a resident with arthritis, cerebral palsy, or	40728
Parkinson's disease, in removing oral or topical medication from	40729
containers and in consuming or applying the medication, upon	40730
request by or with the consent of the resident. If a resident is	40731
physically unable to place a dose of medicine to the resident's	40732
mouth without spilling it, a staff member may place the dose in a	40733
container and place the container to the mouth of the resident.	40734

(B) Every person operating or desiring to operate a	40735
residential facility shall apply for licensure of the facility to	40736
the department of mental health and shall send a copy of the	40737
application to the board of alcohol, drug addiction, and mental	40738
health services whose service district includes the county in	40739
which the person operates or desires to operate a residential	40740
facility. The board shall review such applications and recommend	40741
approval or disapproval to the department. Each recommendation	40742
shall be consistent with the board's community mental health plan.	40743

(C) The department of mental health shall inspect and	40744
license the operation of residential facilities. The department	40745
shall consider the past record of the facility and the applicant	40746
or licensee in arriving at its licensure decision. The department	40747
may issue full, probationary, and interim licenses. A full	40748
license shall expire two years after the date of issuance, a	40749
probationary license shall expire in a shorter period of time as	40750
prescribed by rule adopted by the director of mental health	40751
pursuant to Chapter 119. of the Revised Code, and an interim	40752
license shall expire ninety days after the date of issuance. The	40753
department may refuse to issue or renew and may revoke a license	40754
if it finds the facility is not in compliance with rules adopted	40755
by the department pursuant to division (G) of this section or if	40756
any facility operated by the applicant or licensee has had	40757
repeated violations of statutes or rules during the period of	40758
previous licenses. Proceedings initiated to deny applications for	40759
full or probationary licenses or to revoke such licenses are	40760
governed by Chapter 119. of the Revised Code.	40761

(D) The department may issue an interim license to operate a	40762
residential facility if both of the following conditions are met:	40763

(1) The department determines that the closing of or the	40764
need to remove residents from another residential facility has	40765
created an emergency situation requiring immediate removal of	40766
residents and an insufficient number of licensed beds are	40767
available.	40768

(2) The residential facility applying for an interim license	40769
meets standards established for interim licenses in rules adopted	40770
by the director under Chapter 119. of the Revised Code.	40771

An interim license shall be valid for ninety days and may be	40772
renewed by the director no more than twice. Proceedings initiated	40773
to deny applications for or to revoke interim licenses under this	40774
division are not subject to Chapter 119. of the Revised Code.	40775

(E) The department of mental health may conduct an	40776
inspection of a residential facility:	40777

(1) Prior to the issuance of a license to a prospective	40778
operator;	40779

(2) Prior to the renewal of any operator's license;

40780

(3) To determine whether a facility has completed a plan of	40781
correction required pursuant to this division and corrected	40782
deficiencies to the satisfaction of the department and in	40783
compliance with this section and rules adopted pursuant to it;	40784

(4) Upon complaint by any individual or agency;

40785

(5) At any time the director considers an inspection to be	40786
necessary in order to determine whether a residential facility is	40787
in compliance with this section and rules adopted pursuant to this	40788
section.	40789

In conducting inspections the department may conduct an	40790
on-site examination and evaluation of the residential facility,	40791
its personnel, activities, and services. The department shall	40792
have access to examine all records, accounts, and any other	40793
documents relating to the operation of the residential facility,	40794
and shall have access to the facility in order to conduct	40795
interviews with the operator, staff, and residents. Following	40796
each inspection and review, the department shall complete a report	40797
listing any deficiencies, and including, when appropriate, a time	40798
table within which the operator shall correct the deficiencies.	40799
The department may require the operator to submit a plan of	40800
correction describing how the deficiencies will be corrected.	40801

(F) No person shall do any of the following:

40802

(1) Operate a residential facility unless the facility holds	40803
a valid license;	40804

(2) Violate any of the conditions of licensure after having	40805
been granted a license;	40806

(3) Interfere with a state or local official's inspection or	40807
investigation of a residential facility;	40808

(4) Violate any of the provisions of this section or any	40809
rules adopted pursuant to this section.	40810

(G) The director shall adopt and may amend and rescind rules	40811
pursuant to Chapter 119. of the Revised Code, prescribing minimum	40812
standards for the health, safety, adequacy, and cultural	40813
specificity and sensitivity of treatment of and services for	40814
persons in residential facilities; establishing procedures for the	40815
issuance, renewal or revocation of the licenses of such	40816
facilities; establishing the maximum number of residents of a	40817
facility; establishing the rights of residents and procedures to	40818
protect such rights; and requiring an affiliation agreement	40819
approved by the board between a residential facility and a mental	40820
health agency. Such affiliation agreement must be consistent with	40821
the residential portion of the community mental health plan	40822
submitted pursuant to section 340.03 of the Revised Code.	40823

(H) The department may investigate any facility that has	40824
been reported to the department or that the department has	40825
reasonable cause to believe is operating as a residential facility	40826
without a valid license.	40827

(I) The department may withhold the source of any complaint	40828
reported as a violation of this act when the department determines	40829
that disclosure could be detrimental to the department's purposes	40830
or could jeopardize the investigation. The department may	40831
disclose the source of any complaint if the complainant agrees in	40832
writing to such disclosure and shall disclose the source upon	40833
order by a court of competent jurisdiction.	40834

(J) The director of mental health may petition the court of	40835
common pleas of the county in which a residential facility is	40836
located for an order enjoining any person from operating a	40837
residential facility without a license or from operating a	40838
licensed facility when, in the director's judgment, there is a	40839
real and present danger to the health or safety of any of the	40840
occupants of the facility. The court shall have jurisdiction to	40841
grant such injunctive relief upon a showing that the respondent	40842
named in the petition is operating a facility without a license or	40843
there is a real and present danger to the health or safety of any	40844
residents of the facility.	40845

(K) Whoever violates division (F) of this section or any	40846
rule adopted under this section is liable for a civil penalty of	40847
one hundred dollars for the first offense; for each subsequent	40848
offense, such violator is liable for a civil penalty of five	40849
hundred dollars. If the violator does not pay, the attorney	40850
general, upon the request of the director of mental health, shall	40851
bring a civil action to collect the penalty. Fines collected	40852
pursuant to this section shall be deposited into the state	40853
treasury to the credit of the mental health sale of goods and	40854
services fund.	40855

Sec. 5119.61.  Any provision in this chapter that refers to a	40856
board of alcohol, drug addiction, and mental health services also	40857
refers to the community mental health board in an alcohol, drug	40858
addiction, and mental health service district that has a community	40859
mental health board.	40860

The director of mental health with respect to all facilities	40861
and programs established and operated under Chapter 340. of the	40862
Revised Code for mentally ill and emotionally disturbed persons,	40863
shall do all of the following:	40864

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	40865
that may be necessary to carry out the purposes of Chapter 340.	40866
and sections 5119.61 to 5119.63 of the Revised Code.	40867

(1) The rules shall include all of the following:

40868

(a) Rules governing a community mental health agency's	40869
services under section 340.091 of the Revised Code to an	40870
individual referred to the agency under division (C)(2) of section	40871
173.35 of the Revised Code;	40872

(b) For the purpose of division (A)(14)(16) of section	40873
340.03 of the Revised Code, rules governing the duties of mental	40874
health agencies and boards of alcohol, drug addiction, and mental	40875
health services under section 3722.18 of the Revised Code	40876
regarding referrals of individuals with mental illness or severe	40877
mental disability to adult care facilities and effective	40878
arrangements for ongoing mental health services for the	40879
individuals. The rules shall do at least the following:	40880

(i) Provide for agencies and boards to participate fully in	40881
the procedures owners and managers of adult care facilities must	40882
follow under division (A)(2) of section 3722.18 of the Revised	40883
Code;	40884

(ii) Specify the manner in which boards are accountable for	40885
ensuring that ongoing mental health services are effectively	40886
arranged for individuals with mental illness or severe mental	40887
disability who are referred by the board or mental health agency	40888
under contract with the board to an adult care facility.	40889

(c) Rules governing a board of alcohol, drug addiction, and	40890
mental health services when making a report to the director of	40891
health under section 3722.17 of the Revised Code regarding the	40892
quality of care and services provided by an adult care facility to	40893
a person with mental illness or a severe mental disability.	40894

(2) Rules may be adopted to govern the method of paying a	40895
community mental health facility described in division (B) of	40896
section 5111.022 of the Revised Code for providing services	40897
established by division (A) of that section. Such rules must be	40898
consistent with the contract entered into between the departments	40899
of humanjob and family services and mental health under division	40900
(E) of that section and include requirements ensuring appropriate	40901
service utilization.	40902

(B) Adopt rules requiring each public or private agency	40903
providing mental health services or facilities under a contract	40904
with a board of alcohol, drug addiction, and mental health	40905
services and any program operated by such a board to have a	40906
written policy that addresses the rights of clients including all	40907
of the following:	40908

(1) The right to a copy of the agency's policy of client	40909
rights;	40910

(2) The right at all times to be treated with consideration	40911
and respect for the client's privacy and dignity;	40912

(3) The right to have access to the client's own	40913
psychiatric, medical, or other treatment records unless access is	40914
specifically restricted in the client's treatment plan for clear	40915
treatment reasons;	40916

(4) The right to have a client rights officer provided by	40917
the board or agency advise the client of the client's rights,	40918
including the client's rights under Chapter 5122. of the Revised	40919
Code if the client is committed to the board or agency.	40920

(C) Require each board of alcohol, drug addiction, and	40921
mental health services to ensure that each contract agency	40922
establishes grievance procedures available to all recipients of	40923
services or applicants for services;	40924

(D) Define minimum standards for qualifications of	40925
personnel, professional services, and mental health professionals	40926
as defined in section 340.02 of the Revised Code;	40927

(E) Review and evaluate, and, taking into account the	40928
findings and recommendations of the board of alcohol, drug	40929
addiction, and mental health services of the district served by	40930
the program and the requirements and priorities of the state	40931
mental health plan, including the needs of residents of the	40932
district now residing in state mental institutions, approve and	40933
allocate funds to support community programs, and make	40934
recommendations for needed improvements to boards of alcohol, drug	40935
addiction, and mental health services;	40936

(F)(C) Withhold state and federal funds for any program, in	40937
whole or in part, from a board of alcohol, drug addiction, and	40938
mental health services in the event of failure of that program to	40939
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	40940
or 5119.62 of the Revised Code or rules of the department of	40941
mental health. The director shall identify the areas of	40942
noncompliance and the action necessary to achieve compliance. The	40943
director shall offer technical assistance to the board to achieve	40944
compliance. The director shall give the board a reasonable time	40945
within which to comply or to present its position that it is in	40946
compliance. Before withholding funds, a hearing shall be conducted	40947
to determine if there are continuing violations and that either	40948
assistance is rejected or the board is unable to achieve	40949
compliance. Subsequent to the hearing process, if it is	40950
determined that compliance has not been achieved, the director may	40951
allocate all or part of the withheld funds to a public or private	40952
agency to provide the services not in compliance until the time	40953
that there is compliance. The director shall establish rules	40954
pursuant to Chapter 119. of the Revised Code to implement this	40955
division.	40956

(G)(D) Withhold state or federal funds from a board of	40957
alcohol, drug addiction, and mental health services that denies	40958
available service on the basis of religion, race, color, creed,	40959
sex, national origin, age, disability as defined in section	40960
4112.01 of the Revised Code, developmental disability, or the	40961
inability to pay;	40962

(H)(E) Provide consultative services to community mental	40963
health programsagencies with the knowledge and cooperation of the	40964
board of alcohol, drug addiction, and mental health services;	40965

(I)(F) Provide to boards of alcohol, drug addiction, and	40966
mental health services state or federal funds, in addition to	40967
those allocated under section 5119.62 of the Revised Code, for	40968
special programs or projects the director considers necessary but	40969
for which local funds are not available;	40970

(J)(G) Establish criteria by which a board of alcohol, drug	40971
addiction, and mental health services reviews and evaluates the	40972
quality, effectiveness, and efficiency of services provided	40973
through its community mental health plan. The criteria shall	40974
include requirements ensuring appropriate service utilization. The	40975
department shall assess a board's evaluation of services and the	40976
compliance of each board with this section, Chapter 340. or	40977
section 5119.62 of the Revised Code, and other state or federal	40978
law and regulations. The department, in cooperation with the	40979
board, periodically shall review and evaluate the quality,	40980
effectiveness, and efficiency of services provided through each	40981
board. The department shall collect information that is necessary	40982
to perform these functions.	40983

(K)(H) Develop and operate a community mental health	40984
information system.	40985

Boards of alcohol, drug abuse, and mental health services	40986
shall submit information requested by the department in the form	40987
and manner prescribed by the department. Information collected by	40988
the department shall include, but not be limited to, all of the	40989
following:	40990

(1) Information regarding units of services provided in	40991
whole or in part under contract with a board, including diagnosis	40992
and special needs, demographic information, the number of units of	40993
service provided, past treatment, financial status, and service	40994
dates in accordance with rules adopted by the department in	40995
accordance with Chapter 119. of the Revised Code;	40996

(2) Financial information other than price or price-related	40997
data regarding expenditures of boards and community mental health	40998
agencies, including units of service provided, budgeted and actual	40999
expenses by type, and sources of funds.	41000

Boards shall submit the information specified in division	41001
(K)(H)(1) of this section no less frequently than annually for	41002
each client, and each time the client's case is opened or closed.	41003
The department shall not collect any information for the purpose	41004
of identifying by name any person who receives a service through a	41005
board of alcohol, drug addiction, and mental health services,	41006
except as required by state or federal law to validate appropriate	41007
reimbursement. For the purposes of division (K)(H)(1) of this	41008
section, the department shall use an identification system that is	41009
consistent with applicable nationally recognized standards.	41010

(L)(I) Review each board's community mental health plan	41011
submitted pursuant to section 340.03 of the Revised Code and	41012
approve or disapprove it in whole or in part. Periodically, in	41013
consultation with representatives of boards and after considering	41014
the recommendations of the medical director, the director shall	41015
issue criteria for determining when a plan is complete, criteria	41016
for plan approval or disapproval, and provisions for conditional	41017
approval. The factors that the director considers may include,	41018
but are not limited to, the following:	41019

(1) The mental health needs of all persons residing within	41020
the board's service district, especially severely mentally	41021
disabled children, adolescents, and adults;	41022

(2) The demonstrated quality, effectiveness, efficiency, and	41023
cultural relevance of the services provided in each service	41024
district, the extent to which any services are duplicative of	41025
other available services, and whether the services meet the needs	41026
identified above;	41027

(3) The adequacy of the board's accounting for the	41028
expenditure of funds.	41029

If the director disapproves all or part of any plan, the	41030
director shall provide the board an opportunity to present its	41031
position. The director shall inform the board of the reasons for	41032
the disapproval and of the criteria that must be met before the	41033
plan may be approved. The director shall give the board a	41034
reasonable time within which to meet the criteria, and shall offer	41035
technical assistance to the board to help it meet the criteria.	41036

If the approval of a plan remains in dispute thirty days	41037
prior to the conclusion of the fiscal year in which the board's	41038
current plan is scheduled to expire, the board or the director may	41039
request that the dispute be submitted to a mutually agreed upon	41040
third-party mediator with the cost to be shared by the board and	41041
the department. The mediator shall issue to the board and the	41042
department recommendations for resolution of the dispute. Prior to	41043
the conclusion of the fiscal year in which the current plan is	41044
scheduled to expire, the director, taking into consideration the	41045
recommendations of the mediator, shall make a final determination	41046
and approve or disapprove the plan, in whole or in part.	41047

(M) Visit and evaluate any community mental health program,	41048
agency, or facility, in cooperation with a board of alcohol, drug	41049
addiction, and mental health services, to determine if the	41050
services meet minimum standards pursuant to division (G) of	41051
section 5119.01 of the Revised Code. If the director determines	41052
that the services meet minimum standards, the director shall so	41053
certify.	41054

If the director determines that the services of any program,	41055
agency, or facility that has a contract with a board do not meet	41056
minimum standards, the director shall identify the areas of	41057
noncompliance, specify what action is necessary to meet the	41058
standards, and offer technical assistance to the board so that it	41059
may assist the program, agency, or facility to meet minimum	41060
standards. The director shall give the board a reasonable time	41061
within which to demonstrate that the services meet minimum	41062
standards or to bring the program or facility into compliance with	41063
the standards. If the director concludes that the services	41064
continue to fail to meet minimum standards, the director may	41065
request that the board reallocate the funds for those services to	41066
another program, agency, or facility which meets minimum	41067
standards. If the board does not reallocate those funds in a	41068
reasonable period of time, the director may withhold state and	41069
federal funds for the services and allocate those funds directly	41070
to a public or private agency that meets minimum standards.	41071

Each program, agency, and facility shall pay a fee for the	41072
certification review required by this division. Fees shall be	41073
paid into the sale of goods and services fund created pursuant to	41074
section 5119.161 of the Revised Code.	41075

The director shall adopt rules under Chapter 119. of the	41076
Revised Code to implement this division. The rules shall do all	41077
of the following:	41078

(1) Establish the process for certification of services of	41079
programs, agencies, or facilities;	41080

(2) Set the amount of certification review fees based on a	41081
portion of the cost of performing the review;	41082

(3) Specify the type of notice and hearing to be provided	41083
prior to a decision whether to reallocate funds.	41084

Sec. 5119.611. (A) A board of alcohol, drug addiction, and	41085
mental health services may not contract with a community mental	41086
health agency under division (A)(8)(a) of section 340.03 of the	41087
Revised Code to provide community mental health services included	41088
in the board's community mental health plan unless the services	41089
are certified by the director of mental health under this section.	41090

A community mental health agency that seeks the director's	41091
certification of its community mental health services shall submit	41092
an application to the director. On receipt of the application,	41093
the director may visit and shall evaluate the agency to determine	41094
whether its services satisfy the standards established by rules	41095
adopted under division (C) of this section. The director shall	41096
make the evaluation, and, if the director visits the agency, shall	41097
make the visit, in cooperation with the board of alcohol, drug	41098
addiction, and mental health services with which the agency seeks	41099
to contract.	41100

If the director determines that a community mental health	41101
agency's services satisfy the standards, the director shall	41102
certify the services.	41103

If the director determines that a community mental health	41104
agency's services do not satisfy the standards, the director shall	41105
identify the areas of noncompliance, specify what action is	41106
necessary to satisfy the standards, and offer technical assistance	41107
to the board of alcohol, drug addiction, and mental health	41108
services so that the board may assist the agency in satisfying the	41109
standards. The director shall give the agency a reasonable time	41110
within which to demonstrate that its services satisfy the	41111
standards or to bring the services into compliance with the	41112
standards. If the director concludes that the services continue	41113
to fail to satisfy the standards, the director may request that	41114
the board reallocate the funds for the community mental health	41115
services the agency was to provide to another community mental	41116
health agency whose community mental health services satisfy the	41117
standards. If the board does not reallocate those funds in a	41118
reasonable period of time, the director may withhold state and	41119
federal funds for the community mental health services and	41120
allocate those funds directly to a community mental health agency	41121
whose community mental health services satisfy the standards.	41122

(B) Each community mental health agency seeking	41123
certification of its community mental health services under this	41124
section shall pay a fee for the certification review required by	41125
this section. Fees shall be paid into the sale of goods and	41126
services fund created pursuant to section 5119.161 of the Revised	41127
Code.	41128

(C) The director shall adopt rules in accordance with	41129
Chapter 119. of the Revised Code to implement this section. The	41130
rules shall do all of the following:	41131

(1) Establish certification standards for community mental	41132
health services that are consistent with nationally recognized	41133
applicable standards and facilitate participation in federal	41134
assistance programs. The rules shall include as certification	41135
standards only requirements that improve the quality of services	41136
or the health and safety of clients of community mental health	41137
services. The standards shall address at a minimum all of the	41138
following:	41139

(a) Reporting major unusual incidents to the director;

41140

(b) Procedures for applicants for and clients of community	41141
mental health services to file grievances and complaints;	41142

(c) Seclusion;

41143

(d) Restraint;

41144

(e) Development of written policies addressing the rights	41145
of clients, including all of the following:	41146

(i) The right to a copy of the written policies addressing	41147
client rights;	41148

(ii) The right at all times to be treated with	41149
consideration and respect for the client's privacy and dignity;	41150

(iii) The right to have access to the client's own	41151
psychiatric, medical, or other treatment records unless access is	41152
specifically restricted in the client's treatment plan for clear	41153
treatment reasons;	41154

(iv) The right to have a client rights officer provided by	41155
the agency or board of alcohol, drug addiction, and mental health	41156
services advise the client of the client's rights, including the	41157
client's rights under Chapter 5122. of the Revised Code if the	41158
client is committed to the agency or board.	41159

(2) Establish standards for qualifications of mental health	41160
professionals as defined in section 340.02 of the Revised Code and	41161
personnel who provide the community mental health services;	41162

(3) Establish the process for certification of community	41163
mental health services;	41164

(4) Set the amount of certification review fees based on a	41165
portion of the cost of performing the review;	41166

(5) Specify the type of notice and hearing to be provided	41167
prior to a decision on whether to reallocate funds.	41168

Sec. 5119.612. The director of mental health shall require	41169
that each board of alcohol, drug addiction, and mental health	41170
services ensure that each community mental health agency with	41171
which it contracts under division (A)(8)(a) of section 340.03 of	41172
the Revised Code to provide community mental health services	41173
establish grievance procedures consistent with rules adopted under	41174
section 5119.611 of the Revised Code that are available to all	41175
applicants for and clients of the community mental health	41176
services.	41177

Sec. 5122.31.  All certificates, applications, records, and	41178
reports made for the purpose of this chapter and sections 2945.38,	41179
2945.39, 2945.40, 2945.401, and 2945.402 of the Revised Code,	41180
other than court journal entries or court docket entries, and	41181
directly or indirectly identifying a patient or former patient or	41182
person whose hospitalization has been sought under this chapter,	41183
shall be kept confidential and shall not be disclosed by any	41184
person except:	41185

(A) If the person identified, or the person's legal	41186
guardian, if any, or if the person is a minor, the person's parent	41187
or legal guardian, consents, and if the disclosure is in the best	41188
interests of the person, as may be determined by the court for	41189
judicial records and by the chief clinical officer for medical	41190
records;	41191

(B) When disclosure is provided for in this chapter or	41192
section 5123.60 of the Revised Code;	41193

(C) That hospitals, boards of alcohol, drug addiction, and	41194
mental health services, and community mental health agencies may	41195
release necessary medical information to insurers and other	41196
third-party payers, including government entities responsible for	41197
processing and authorizing payment, to obtain payment for goods	41198
and services furnished to the patient;	41199

(D) Pursuant to a court order signed by a judge;

41200

(E) That a patient shall be granted access to the patient's	41201
own psychiatric and medical records, unless access specifically is	41202
restricted in a patient's treatment plan for clear treatment	41203
reasons;	41204

(F) That hospitals and other institutions and facilities	41205
within the department of mental health may exchange psychiatric	41206
records and other pertinent information with other hospitals,	41207
institutions, and facilities of the department, and with community	41208
mental health agencies and boards of alcohol, drug addiction, and	41209
mental health services with which the department has a current	41210
agreement for patient care or services. Records and information	41211
that may be released pursuant to this division shall be limited to	41212
medication history, physical health status and history, financial	41213
status, summary of course of treatment in the hospital, summary of	41214
treatment needs, and a discharge summary, if any.	41215

(G) That a patient's family member who is involved in the	41216
provision, planning, and monitoring of services to the patient may	41217
receive medication information, a summary of the patient's	41218
diagnosis and prognosis, and a list of the services and personnel	41219
available to assist the patient and the patient's family, if the	41220
patient's treating physician determines that the disclosure would	41221
be in the best interests of the patient. No such disclosure shall	41222
be made unless the patient is notified first and receives the	41223
information and does not object to the disclosure.	41224

(H) That community mental health agencies may exchange	41225
psychiatric records and certain other information with the board	41226
of alcohol, drug addiction, and mental health services and other	41227
agencies in order to provide services to a person involuntarily	41228
committed to a board. Release of records under this division	41229
shall be limited to medication history, physical health status and	41230
history, financial status, summary of course of treatment, summary	41231
of treatment needs, and discharge summary, if any.	41232

(I) That information may be disclosed to the executor or the	41233
administrator of an estate of a deceased patient when the	41234
information is necessary to administer the estate;	41235

(J) That records in the possession of the Ohio historical	41236
society may be released to the closest living relative of a	41237
deceased patient upon request of that relative;	41238

(K) That information may be disclosed to staff members of	41239
the appropriate board or to staff members designated by the	41240
director of mental health for the purpose of evaluating the	41241
quality, effectiveness, and efficiency of services and determining	41242
if the services meet minimum standards. Information obtained	41243
during such evaluations shall not be retained with the name of any	41244
patient.	41245

(L) That records pertaining to the patient's diagnosis,	41246
course of treatment, treatment needs, and prognosis shall be	41247
disclosed and released to the appropriate prosecuting attorney if	41248
the patient was committed pursuant to section 2945.38, 2945.39,	41249
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	41250
attorney designated by the board for proceedings pursuant to	41251
involuntary commitment under this chapter.	41252

(M) That the department of mental health may exchange	41253
psychiatric hospitalization records, other mental health treatment	41254
records, and other pertinent information with the department of	41255
rehabilitation and correction to ensure continuity of care for	41256
inmates who are receiving mental health services in an institution	41257
of the department of rehabilitation and correction. The	41258
department shall not disclose those records unless the inmate is	41259
notified, receives the information, and does not object to the	41260
disclosure. The release of records under this division is limited	41261
to records regarding an inmate's medication history, physical	41262
health status and history, summary of course of treatment, summary	41263
of treatment needs, and a discharge summary, if any.	41264

(N) That a community mental health agency that ceases to	41265
operate may transfer to either a community mental health agency	41266
that assumes its caseload or to the board of alcohol, drug	41267
addiction, and mental health services of the service district in	41268
which the patient resided at the time services were most recently	41269
provided any treatment records that have not been transferred	41270
elsewhere at the patient's request.	41271

(O) Before records are disclosed pursuant to divisions (C),	41272
(F), and (H) of this section, the custodian of the records shall	41273
attempt to obtain the patient's consent for the disclosure. No	41274
person shall reveal the contents of a medical record of a patient	41275
except as authorized by law.	41276

Sec. 5123.01.  As used in this chapter:

41277

(A) "Chief medical officer" means the licensed physician	41278
appointed by the managing officer of an institution for the	41279
mentally retarded with the approval of the director of mental	41280
retardation and developmental disabilities to provide medical	41281
treatment for residents of the institution.	41282

(B) "Chief program director" means a person with special	41283
training and experience in the diagnosis and management of the	41284
mentally retarded, certified according to division (C) of this	41285
section in at least one of the designated fields, and appointed by	41286
the managing officer of an institution for the mentally retarded	41287
with the approval of the director to provide habilitation and care	41288
for residents of the institution.	41289

(C) "Comprehensive evaluation" means a study, including a	41290
sequence of observations and examinations, of a person leading to	41291
conclusions and recommendations formulated jointly, with	41292
dissenting opinions if any, by a group of persons with special	41293
training and experience in the diagnosis and management of persons	41294
with mental retardation or a developmental disability, which group	41295
shall include individuals who are professionally qualified in the	41296
fields of medicine, psychology, and social work, together with	41297
such other specialists as the individual case may require.	41298

(D) "Education" means the process of formal training and	41299
instruction to facilitate the intellectual and emotional	41300
development of residents.	41301

(E) "Habilitation" means the process by which the staff of	41302
the institution assists the resident in acquiring and maintaining	41303
those life skills that enable the resident to cope more	41304
effectively with the demands of the resident's own person and of	41305
the resident's environment and in raising the level of the	41306
resident's physical, mental, social, and vocational efficiency.	41307
Habilitation includes but is not limited to programs of formal,	41308
structured education and training.	41309

(F) "Habilitation center services" means services provided by	41310
a habilitation center certified by the department of mental	41311
retardation and developmental disabilities under section 5123.041	41312
of the Revised Code and covered by the medicaid program pursuant	41313
to rules adopted under section 5111.041 of the Revised Code.	41314

(G) "Health officer" means any public health physician,	41315
public health nurse, or other person authorized or designated by a	41316
city or general health district.	41317

(G)(H) "Home and community-based services" means	41318
medicaid-funded home and community-based services provided under a	41319
medicaid component the department of mental retardation and	41320
developmental disabilities administers pursuant to section	41321
5111.871 of the Revised Code.	41322

(I) "Indigent person" means a person who is unable,	41323
without substantial financial hardship, to provide for the payment	41324
of an attorney and for other necessary expenses of legal	41325
representation, including expert testimony.	41326

(H)(J) "Institution" means a public or private facility, or a	41327
part of a public or private facility, that is licensed by the	41328
appropriate state department and is equipped to provide	41329
residential habilitation, care, and treatment for the mentally	41330
retarded.	41331

(I)(K) "Licensed physician" means a person who holds a valid	41332
certificate issued under Chapter 4731. of the Revised Code	41333
authorizing the person to practice medicine and surgery or	41334
osteopathic medicine and surgery, or a medical officer of the	41335
government of the United States while in the performance of the	41336
officer's official duties.	41337

(J)(L) "Managing officer" means a person who is appointed by	41338
the director of mental retardation and developmental disabilities	41339
to be in executive control of an institution for the mentally	41340
retarded under the jurisdiction of the department.	41341

(K)(M) "Medicaid" has the same meaning as in section 5111.01	41342
of the Revised Code.	41343

(N) "Medicaid case management services" means case	41344
management services provided to an individual with mental	41345
retardation or other developmental disability that the state	41346
medicaid plan requires.	41347

(O) "Mentally retarded person" means a person having	41348
significantly subaverage general intellectual functioning existing	41349
concurrently with deficiencies in adaptive behavior, manifested	41350
during the developmental period.	41351

(L)(P) "Mentally retarded person subject to	41352
institutionalization by court order" means a person eighteen years	41353
of age or older who is at least moderately mentally retarded and	41354
in relation to whom, because of the person's retardation, either	41355
of the following conditions exist:	41356

(1) The person represents a very substantial risk of	41357
physical impairment or injury to self as manifested by evidence	41358
that the person is unable to provide for and is not providing for	41359
the person's most basic physical needs and that provision for	41360
those needs is not available in the community;	41361

(2) The person needs and is susceptible to significant	41362
habilitation in an institution.	41363

(M)(Q) "A person who is at least moderately mentally	41364
retarded" means a person who is found, following a comprehensive	41365
evaluation, to be impaired in adaptive behavior to a moderate	41366
degree and to be functioning at the moderate level of intellectual	41367
functioning in accordance with standard measurements as recorded	41368
in the most current revision of the manual of terminology and	41369
classification in mental retardation published by the American	41370
association on mental retardation.	41371

(N)(R) As used in this division, "substantial functional	41372
limitation," "developmental delay," and "established risk" have	41373
the meanings established pursuant to section 5123.011 of the	41374
Revised Code.	41375

"Developmental disability" means a severe, chronic disability	41376
that is characterized by all of the following:	41377

(1) It is attributable to a mental or physical impairment or	41378
a combination of mental and physical impairments, other than a	41379
mental or physical impairment solely caused by mental illness as	41380
defined in division (A) of section 5122.01 of the Revised Code.	41381

(2) It is manifested before age twenty-two.

41382

(3) It is likely to continue indefinitely.

41383

(4) It results in one of the following:

41384

(a) In the case of a person under three years of age, at	41385
least one developmental delay or an established risk;	41386

(b) In the case of a person at least three years of age but	41387
under six years of age, at least two developmental delays or an	41388
established risk;	41389

(c) In the case of a person six years of age or older, a	41390
substantial functional limitation in at least three of the	41391
following areas of major life activity, as appropriate for the	41392
person's age: self-care, receptive and expressive language,	41393
learning, mobility, self-direction, capacity for independent	41394
living, and, if the person is at least sixteen years of age,	41395
capacity for economic self-sufficiency.	41396

(5) It causes the person to need a combination and sequence	41397
of special, interdisciplinary, or other type of care, treatment,	41398
or provision of services for an extended period of time that is	41399
individually planned and coordinated for the person.	41400

(O)(S) "Developmentally disabled person" means a person with	41401
a developmental disability.	41402

(P)(T) "State institution" means an institution that is	41403
tax-supported and under the jurisdiction of the department.	41404

(Q)(U) "Residence" and "legal residence" have the same	41405
meaning as "legal settlement," which is acquired by residing in	41406
Ohio for a period of one year without receiving general assistance	41407
prior to July 17, 1995, under former Chapter 5113. of the Revised	41408
Code, disability assistance under Chapter 5115. of the Revised	41409
Code, or assistance from a private agency that maintains records	41410
of assistance given. A person having a legal settlement in the	41411
state shall be considered as having legal settlement in the	41412
assistance area in which the person resides. No adult person	41413
coming into this state and having a spouse or minor children	41414
residing in another state shall obtain a legal settlement in this	41415
state as long as the spouse or minor children are receiving public	41416
assistance, care, or support at the expense of the other state or	41417
its subdivisions. For the purpose of determining the legal	41418
settlement of a person who is living in a public or private	41419
institution or in a home subject to licensing by the department of	41420
job and family services, the department of mental health, or the	41421
department of mental retardation and developmental disabilities,	41422
the residence of the person shall be considered as though the	41423
person were residing in the county in which the person was living	41424
prior to the person's entrance into the institution or home.	41425
Settlement once acquired shall continue until a person has been	41426
continuously absent from Ohio for a period of one year or has	41427
acquired a legal residence in another state. A woman who marries	41428
a man with legal settlement in any county immediately acquires the	41429
settlement of her husband. The legal settlement of a minor is	41430
that of the parents, surviving parent, sole parent, parent who is	41431
designated the residential parent and legal custodian by a court,	41432
other adult having permanent custody awarded by a court, or	41433
guardian of the person of the minor, provided that:	41434

(1) A minor female who marries shall be considered to have	41435
the legal settlement of her husband and, in the case of death of	41436
her husband or divorce, she shall not thereby lose her legal	41437
settlement obtained by the marriage.	41438

(2) A minor male who marries, establishes a home, and who	41439
has resided in this state for one year without receiving general	41440
assistance prior to July 17, 1995, under former Chapter 5113. of	41441
the Revised Code, disability assistance under Chapter 5115. of the	41442
Revised Code, or assistance from a private agency that maintains	41443
records of assistance given shall be considered to have obtained a	41444
legal settlement in this state.	41445

(3) The legal settlement of a child under eighteen years of	41446
age who is in the care or custody of a public or private child	41447
caring agency shall not change if the legal settlement of the	41448
parent changes until after the child has been in the home of the	41449
parent for a period of one year.	41450

No person, adult or minor, may establish a legal settlement	41451
in this state for the purpose of gaining admission to any state	41452
institution.	41453

(R)(V)(1) "Resident" means, subject to division (R)(2) of	41454
this section, a person who is admitted either voluntarily or	41455
involuntarily to an institution or other facility pursuant to	41456
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	41457
Code subsequent to a finding of not guilty by reason of insanity	41458
or incompetence to stand trial or under this chapter who is under	41459
observation or receiving habilitation and care in an institution.	41460

(2) "Resident" does not include a person admitted to an	41461
institution or other facility under section 2945.39, 2945.40,	41462
2945.401, or 2945.402 of the Revised Code to the extent that the	41463
reference in this chapter to resident, or the context in which the	41464
reference occurs, is in conflict with any provision of sections	41465
2945.37 to 2945.402 of the Revised Code.	41466

(S)(W) "Respondent" means the person whose detention,	41467
commitment, or continued commitment is being sought in any	41468
proceeding under this chapter.	41469

(T)(X) "Working day" and "court day" mean Monday, Tuesday,	41470
Wednesday, Thursday, and Friday, except when such day is a legal	41471
holiday.	41472

(U)(Y) "Prosecutor" means the prosecuting attorney, village	41473
solicitor, city director of law, or similar chief legal officer	41474
who prosecuted a criminal case in which a person was found not	41475
guilty by reason of insanity, who would have had the authority to	41476
prosecute a criminal case against a person if the person had not	41477
been found incompetent to stand trial, or who prosecuted a case in	41478
which a person was found guilty.	41479

(V)(Z) "Court" means the probate division of the court of	41480
common pleas.	41481

Sec. 5123.041.  (A) As used in this section, "habilitation	41482
center" means a habilitation center certified under division (C)	41483
of this section for the provision ofthat provides habilitation	41484
center services under section 5111.041 of the Revised Code.	41485

(B) The department of mental retardation and developmental	41486
disabilities shall do all of the following pursuant to an	41487
interagency agreement with the department of job and family	41488
services entered into under section 5111.86 of the Revised Code:	41489

(1) Certify habilitation centers that meet the certification	41490
requirements established by rules adopted by the director of job	41491
and family services under section 5111.041 of the Revised Code;	41492

(2) Accept and process medicaid reimbursement claims from	41493
habilitation centers providing habilitation center services to	41494
medicaid recipients under section 5111.041 of the Revised Code;	41495

(3) With medicaid funds provided to the department from the	41496
department of job and family services, pay the medicaid	41497
reimbursement claims accepted and processed under division (B)(2)	41498
of this section;	41499

(4) Perform the other duties included in the interagency	41500
agreement.	41501

(C) The director of mental retardation and developmental	41502
disabilities shall adopt rules in accordance with Chapter 119. of	41503
the Revised Code that do all of the following:	41504

(1) Specify standardsEstablish procedures for certification	41505
of habilitation centers;	41506

(2) Define habilitation services and programs, other than	41507
services provided by the department of education;	41508

(3) Establish the fee that may be assessed under division	41509
(D) of this section;	41510

(4)(3) Specify how the department of mental retardation and	41511
developmental disabilities will implement and administer the	41512
habilitation services programperform its duties under this	41513
section.	41514

(C) The director shall certify habilitation centers that	41515
meet the standards specified by rules adopted under this section.	41516

(D) The department of mental retardation and developmental	41517
disabilities may assess the fee established by rule under division	41518
(B)(3)(C)(2) of this section for providing services related to the	41519
habilitation services programperforming its duties under this	41520
section. The fee may be retained from any fundspayment the	41521
department receives for a habilitation center under Title XIX of	41522
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	41523
as amendedmakes under division (B)(3) of this section.	41524

Sec. 5123.043.  (A) The director of mental retardation and	41525
developmental disabilities shall adopt rules establishing	41526
procedures for administrative resolution of complaints filed under	41527
division (B) of this section and section 5126.06 of the Revised	41528
Code. The rules shall be adopted in accordance with Chapter 119.	41529
of the Revised Code.	41530

(B) Except as provided in division (C) of this section, any	41531
person who has a complaint involving any of the programs,	41532
services, policies, or administrative practices of the department	41533
of mental retardation and developmental disabilities or any of the	41534
entities under contract with the department, may file a complaint	41535
with the department. Prior to commencing a civil action regarding	41536
the complaint, a person shall attempt to have the complaint	41537
resolved through the administrative resolution process established	41538
in the rules adopted under this section. After exhausting the	41539
administrative resolution process, the person may commence a civil	41540
action if the complaint is not settled to the person's	41541
satisfaction.	41542

(C) An employee of the department may not file under this	41543
section a complaint related to the terms and conditions of	41544
employment for the employee.	41545

(D) This section does not apply to a conflict between a	41546
county board of mental retardation and developmental disabilities	41547
and a person or government entity that provides or seeks to	41548
provide services to an individual with mental retardation or other	41549
developmental disability. Section 5126.036 of the Revised Code	41550
applies to such a conflict.	41551

Sec. 5123.044. The department of mental retardation and	41552
developmental disabilities shall determine whether county boards	41553
of mental retardation and developmental disabilities are in	41554
compliance with section 5126.046 of the Revised Code. The	41555
department shall provide assistance to an individual with mental	41556
retardation or other developmental disability who requests	41557
assistance with the individual's right under section 5126.046 of	41558
the Revised Code to choose a provider of habilitation, vocational,	41559
community employment, residential, or supported living services if	41560
the department is notified of a county board's alleged violation	41561
of the individual's right to choose such a provider.	41562

Sec. 5123.045. (A) No person or government entity shall	41563
receive payment for providing home and community-based services	41564
unless the person or government entity is one of the following:	41565

(1) Certified under this section;

41566

(2) Certified as a supported living provider under section	41567
5126.431 of the Revised Code;	41568

(3) Licensed as a residential facility under section 5123.19	41569
of the Revised Code. Division (A)(3) of this section does not	41570
apply to an intermediate care facility for the mentally retarded	41571
as defined in section 5111.20 of the Revised Code.	41572

(B) The department of mental retardation and developmental	41573
disabilities shall do all of the following in accordance with	41574
Chapter 119. of the Revised Code:	41575

(1) Certify a person or government entity to provide home	41576
and community-based services if the person or government entity	41577
satisfies the requirements for certification established by rules	41578
adopted under division (C) of this section;	41579

(2) Revoke a certificate when required to do so by rules	41580
adopted under division (C) of this section;	41581

(3) Hold hearings when there is a dispute between the	41582
department and a person or government entity concerning actions	41583
the department takes or does not take under division (B)(1) or (2)	41584
of this section.	41585

(C) The director of mental retardation and developmental	41586
disabilities shall adopt rules in accordance with Chapter 119. of	41587
the Revised Code establishing certification requirements and	41588
procedures for a person or government entity that seeks to provide	41589
home and community-based services and is not certified as a	41590
supported living provider under section 5126.431 of the Revised	41591
Code or licensed as a residential facility under section 5123.19	41592
of the Revised Code. The rules shall specify the program areas	41593
for which certification is required and include procedures for all	41594
of the following:	41595

(1) Ensuring that providers comply with section 5126.28 or	41596
5126.281 of the Revised Code, as appropriate;	41597

(2) Evaluating the services provided to ensure that they	41598
are provided in a quality manner advantageous to the individual	41599
receiving the services. The procedures shall require that all of	41600
the following be considered as part of an evaluation:	41601

(a) The provider's experience and financial	41602
responsibility;	41603

(b) The provider's ability to comply with standards for the	41604
home and community-based services that the provider provides;	41605

(c) The provider's ability to meet the needs of the	41606
individuals served;	41607

(d) Any other factor the director considers relevant.

41608

(3) Determining when to revoke a provider's certificate.	41609
The reasons for which a certificate may be revoked may include	41610
good cause, including misfeasance, malfeasance, nonfeasance,	41611
confirmed abuse or neglect, financial irresponsibility, or other	41612
conduct the director determines is injurious to individuals being	41613
served.	41614

(D) The records of an evaluation conducted in accordance	41615
with rules adopted under division (C)(2) of this section are	41616
public records for purposes of section 149.43 of the Revised Code	41617
and shall be made available on request of any person, including	41618
individuals being served, individuals seeking home and	41619
community-based services, and county boards of mental retardation	41620
and developmental disabilities.	41621

Sec. 5123.046. The department of mental retardation and	41622
developmental disabilities shall review each plan it receives from	41623
a county board of mental retardation and developmental	41624
disabilities under section 5126.054 of the Revised Code and, in	41625
consultation with the department of job and family services and	41626
office of budget and management, approve each plan that includes	41627
all the information and conditions specified in that section. A	41628
plan shall be approved or disapproved not later than forty-five	41629
days after the last of the plan's components are submitted to the	41630
department under division (B) of section 5126.054 of the Revised	41631
Code.	41632

In approving plans under this section, the department	41633
shall ensure that the aggregate of all plans provide for the	41634
increased enrollment into home and community-based services during	41635
each state fiscal year of at least five hundred individuals who	41636
did not receive residential services, supported living, or home	41637
and community-based services the prior state fiscal year if the	41638
department has enough additional enrollment available for this	41639
purpose.	41640

If a county board fails to submit all the components of the	41641
plan to the department within the time required by division (B) of	41642
section 5126.054 of the Revised Code or the department disapproves	41643
a county board's plan, the department may withhold all or part of	41644
any funds the department would otherwise allocate to the county	41645
board. The department may not withhold any funds the department	41646
allocates to the county board prior to the date the last of the	41647
plan's components are due or the department disapproves the plan.	41648

The department shall establish protocols that the department	41649
shall use to determine whether a county board is complying with	41650
the programmatic and financial accountability mechanisms and	41651
achieving outcomes specified in its approved plan. If the	41652
department determines that a county board is not in compliance	41653
with the mechanisms or achieving the outcomes specified in its	41654
approved plan, the department may take action under division (G)	41655
of section 5126.055 of the Revised Code.	41656

Sec. 5123.047. (A) The department of mental retardation and	41657
developmental disabilities shall pay the nonfederal share of	41658
medicaid expenditures for habilitation center services provided to	41659
an individual with mental retardation or other developmental	41660
disability unless section 5111.041 of the Revised Code requires a	41661
county board of mental retardation and developmental disabilities	41662
or a school district to pay the nonfederal share.	41663

(B) The department shall pay the nonfederal share of	41664
medicaid expenditures for medicaid case management services if	41665
either of the following apply:	41666

(1) The services are provided to an individual with mental	41667
retardation or other developmental disability who a county board	41668
has determined under section 5126.041 of the Revised Code is not	41669
eligible for county board services;	41670

(2) The services are provided to an individual with mental	41671
retardation or other developmental disability by a public or	41672
private agency with which the department has contracted under	41673
section 5123.56 of the Revised Code to provide protective services	41674
to the individual.	41675

(C) The department shall pay the nonfederal share of	41676
medicaid expenditures for home and community-based services if	41677
either of the following apply:	41678

(1) The services are provided to an individual with mental	41679
retardation or other developmental disability who a county board	41680
has determined under section 5126.041 of the Revised Code is not	41681
eligible for county board services;	41682

(2) The services are provided to an individual with mental	41683
retardation or other developmental disability given priority for	41684
the services pursuant to division (D)(3) of section 5126.042 of	41685
the Revised Code. The department shall pay the nonfederal share	41686
of medicaid expenditures for home and community-based services	41687
provided to such an individual for as long as the individual	41688
continues to be eligible for and receive the services, regardless	41689
of whether the services are provided after June 30, 2003.	41690

Sec. 5123.048. (A) For state fiscal year 2002, the	41691
department of mental retardation and developmental disabilities	41692
shall assign to a county board of mental retardation and	41693
developmental disabilities the nonfederal share of medicaid	41694
expenditures for habilitation center services that a private	41695
habilitation center provides if all of the following apply:	41696

(1) The individuals who receive the services also received	41697
the services from the center pursuant to a contract the center had	41698
with the department in state fiscal year 2001;	41699

(2) The county board determined under section 5126.041 of	41700
the Revised Code that the individuals who receive the services are	41701
eligible for county board services;	41702

(3) The county board contracts with the center to provide	41703
the services after the center's contract with the department ends.	41704

(B) The department shall also make the assignment under	41705
division (A) of this section for each successive state fiscal year	41706
that the county board contracts with the private habilitation	41707
center to provide the habilitation center services to the	41708
individuals who received the services pursuant to the contract the	41709
department had with the center in state fiscal year 2001.	41710

(C) The amount the department shall assign under	41711
divisions (A) and (B) of this section shall be adequate to ensure	41712
that the habilitation center services the individuals receive are	41713
comparable in scope to the habilitation center services they	41714
received when the private habilitation center was under contract	41715
with the department. The amount that the department assigns shall	41716
not be less than the amount the department paid the private	41717
habilitation center for the individuals under the contract the	41718
department had with the center in fiscal year 2001.	41719

(D) A county board shall use the assignment it receives	41720
under divisions (A) and (B) of this section to pay the nonfederal	41721
share of the medicaid expenditures for the habilitation center	41722
services the county board is required by division (D) of section	41723
5111.041 of the Revised Code to pay.	41724

Sec. 5123.049. The director of mental retardation and	41725
developmental disabilities shall adopt rules in accordance with	41726
Chapter 119. of the Revised Code governing the authorization and	41727
payment of home and community-based services, medicaid case	41728
management services, and habilitation center services. The rules	41729
shall provide for private providers of the services to receive one	41730
hundred per cent of the medicaid allowable payment amount and for	41731
government providers of the services to receive the federal share	41732
of the medicaid allowable payment, less the amount withheld as a	41733
fee under section 5123.0412 of the Revised Code and any amount	41734
that may be required by rules adopted under section 5123.0413 of	41735
the Revised Code to be deposited into the state MR/DD risk fund.	41736
The rules shall establish the process by which county boards of	41737
mental retardation and developmental disabilities shall certify	41738
and provide the nonfederal share of medicaid expenditures that the	41739
county board is required by division (A) of section 5126.056 of	41740
the Revised Code to pay. The process shall require a county board	41741
to certify that the county board has funding available at one time	41742
for two months costs for those expenditures. The process may	41743
permit a county board to certify that the county board has funding	41744
available at one time for more than two months costs for those	41745
expenditures.	41746

Sec. 5123.0410. An individual with mental retardation or	41747
other developmental disability who moves from one county in this	41748
state to another county in this state shall receive home and	41749
community-based services in the new county that are comparable in	41750
scope to the home and community-based services the individual	41751
receives in the prior county at the time the individual moves. If	41752
the county board serving the county to which the individual moves	41753
determines under section 5126.041 of the Revised Code that the	41754
individual is eligible for county board services, the county board	41755
shall ensure that the individual receives the comparable services.	41756
If the county board determines that the individual is not eligible	41757
for county board services, the department of mental retardation	41758
and developmental disabilities shall ensure that the individual	41759
receives the comparable services.	41760

If the home and community-based services that the	41761
individual receives at the time the individual moves include	41762
supported living or residential services, the department shall	41763
reduce the amount the department allocates to the county board	41764
serving the county the individual left for those supported living	41765
or residential services by an amount that equals the payment the	41766
department authorizes or projects, or both, for those supported	41767
living or residential services from the last day the individual	41768
resides in the county to the last day of the state fiscal year in	41769
which the individual moves. The department shall increase the	41770
amount the department allocates to the county board serving the	41771
county the individual moves to by the same amount. The department	41772
shall make the reduction and increase effective the day the	41773
department determines the individual has residence in the new	41774
county. The department shall determine the amount that is to be	41775
reduced and increased in accordance with the department's rules	41776
for authorizing payments for home and community-based services	41777
established adopted under section 5123.049 of the Revised Code.	41778
The department shall annualize the reduction and increase for the	41779
subsequent state fiscal year as necessary.	41780

Sec. 5123.0411. The department of mental retardation and	41781
developmental disabilities may bring a mandamus action against a	41782
county board of mental retardation and developmental disabilities	41783
that fails to pay the nonfederal share of medicaid expenditures	41784
that the county board is required by division (A) of section	41785
5126.056 of the Revised Code to pay. The department may bring the	41786
mandamus action in the court of common pleas of the county served	41787
by the county board or in the Franklin county court of common	41788
pleas.	41789

Sec. 5123.0412. (A) The department of mental retardation and	41790
developmental disabilities shall charge each county board of	41791
mental retardation and developmental disabilities an annual fee	41792
equal to one per cent of the total value of all medicaid paid	41793
claims for medicaid case management services and home and	41794
community-based services for which the county board contracts or	41795
provides itself. No county board shall pass the cost of a fee	41796
charged to the county board under this section on to a person or	41797
government entity with which the county board contracts to provide	41798
the services.	41799

(B) The fees collected under this section shall be	41800
deposited into the ODMR/DD administration and oversight fund and	41801
the ODJFS administration and oversight fund, both of which are	41802
hereby created in the state treasury. The portion of the fees to	41803
be deposited into the ODMR/DD administration and oversight fund	41804
and the portion of the fees to be deposited into the ODJFS	41805
administration and oversight fund shall be the portion specified	41806
in an interagency agreement entered into under division (C) of	41807
this section. The department of mental retardation and	41808
developmental disabilities shall use the money in the ODMR/DD	41809
administration and oversight fund and the department of job and	41810
family services shall use the money in the ODJFS administration	41811
and oversight fund for both of the following purposes:	41812

(1) The administrative and oversight costs of habilitation	41813
center services, medicaid case management services, and home and	41814
community-based services that a county board develops and monitors	41815
and the county board or a person or government entity under	41816
contract with the county board provides. The administrative and	41817
oversight costs shall include costs for staff, systems, and other	41818
resources the departments need and dedicate solely to the	41819
following duties associated with the services:	41820

(a) Eligibility determinations;

41821

(b) Training;

41822

(c) Fiscal management;

41823

(d) Claims processing;

41824

(e) Quality assurance oversight;

41825

(f) Other duties the departments identify.

41826

(2) Providing technical support to county boards' local	41827
administrative authority under section 5126.055 of the Revised	41828
Code for the services.	41829

(C) The departments of mental retardation and developmental	41830
disabilities and job and family services shall enter into an	41831
interagency agreement to do both of the following:	41832

(1) Specify which portion of the fees collected under this	41833
section is to be deposited into the ODMR/DD administration and	41834
oversight fund and which portion is to be deposited into the	41835
ODJFS administration and oversight fund;	41836

(2) Provide for the departments to coordinate the staff	41837
whose costs are paid for with money in the ODMR/DD administration	41838
and oversight fund and the ODJFS administration and oversight	41839
fund.	41840

(D) The departments shall submit an annual report to the	41841
director of budget and management certifying how the departments	41842
spent the money in the ODMR/DD administration and oversight fund	41843
and the ODJFS administration and oversight fund for the purposes	41844
specified in division (B) of this section.	41845

Sec. 5123.0413. (A) The department of mental retardation and	41846
developmental disabilities, in consultation with the department of	41847
job and family services, office of budget and management, and	41848
county boards of mental retardation and developmental	41849
disabilities, shall adopt rules in accordance with Chapter 119. of	41850
the Revised Code no later than January 1, 2002, establishing a	41851
method of paying for extraordinary costs, including extraordinary	41852
costs for services to individuals with mental retardation or other	41853
developmental disability, and ensure the availability of adequate	41854
funds in the event a county property tax levy for services for	41855
individuals with mental retardation or other developmental	41856
disability fails. The rules may provide for using and managing one	41857
or more of the following:	41858

(1) County MR/DD medicaid reserve funds established in	41859
accordance with section 5705.091 of the Revised Code;	41860

(2) A state MR/DD risk fund, which is hereby created in the	41861
state treasury;	41862

(3) A state insurance against MR/DD risk fund, which is	41863
hereby created in the state treasury.	41864

(B) Beginning January 1, 2002, the department of job and	41865
family services may not request approval from the United States	41866
secretary of health and human services to increase the number of	41867
slots for home and community-based services until the rules	41868
required by division (A) of this section are in effect.	41869

Sec. 5123.082.  (A) The director of mental retardation and	41870
developmental disabilities shall adopt rules in accordance with	41871
Chapter 119. of the Revised Code:	41872

(1) Designating positions of employment for which the	41873
director determines that certification or evidence of registration	41874
is required as a condition of employment in the department of	41875
mental retardation and developmental disabilities, entities that	41876
contract with the department or county boards of mental	41877
retardation and developmental disabilities to operate programs or	41878
provide services to persons with mental retardation and	41879
developmental disabilities, or other positions of employment in	41880
programs that serve those persons;. The rules shall designate the	41881
position of investigative agent, as defined in section 5126.20 of	41882
the Revised Code, as a position for which certification is	41883
required.	41884

(2) Establishing levels of certification or registration for	41885
each position for which certification or registration is required;	41886

(3) Establishing for each level of each position the	41887
requirements that must be met to obtain certification or	41888
registration, including standards regarding education, specialized	41889
training, and experience. The standards shall take into account	41890
the nature and needs of persons with mental retardation or a	41891
developmental disability and the specialized techniques needed to	41892
serve them. The requirements for an investigative agent shall be	41893
the same as the certification requirements for an investigative	41894
agent under section 5126.25 of the Revised Code.	41895

(4) Establishing renewal schedules and renewal requirements	41896
for certification and registration, including standards regarding	41897
education, specialized training, and experience;. The renewal	41898
requirements for an investigative agent shall be the same as the	41899
renewal requirements for an investigative agent under section	41900
5126.25 of the Revised Code.	41901

(5) Establishing procedures for denial, suspension, and	41902
revocation of a certificate or evidence of registration, including	41903
appeal procedures;	41904

(6) Establishing other requirements needed to carry out this	41905
section.	41906

(B) The director shall issue, renew, deny, suspend, or	41907
revoke a certificate or evidence of registration in accordance	41908
with rules adopted under this section. The director shall deny,	41909
suspend, or revoke a certificate or evidence of registration if	41910
the director finds, pursuant to an adjudication conducted in	41911
accordance with Chapter 119. of the Revised Code, that an	41912
applicant for or holder of a certificate or evidence of	41913
registration is guilty of intemperate, immoral, or other conduct	41914
unbecoming to the applicant's or holder's position, or is guilty	41915
of incompetence or negligence within the scope of the applicant's	41916
or holder's duties. The director shall deny or revoke a	41917
certificate or evidence of registration after the director finds,	41918
pursuant to an adjudication conducted in accordance with Chapter	41919
119. of the Revised Code, that the applicant for or holder of the	41920
certificate or evidence of registration has been convicted of or	41921
pleaded guilty to any of the offenses listed or described in	41922
division (E) of section 5126.28 of the Revised Code, unless the	41923
individual meets standards for rehabilitation that the director	41924
establishes in the rules adopted under that section. Evidence	41925
supporting such allegations must be presented to the director in	41926
writing, and the director shall provide prompt notice of the	41927
allegations to the person who is the subject of the allegations. A	41928
denial, suspension, or revocation may be appealed in accordance	41929
with the procedures established in rules adopted under this	41930
section.	41931

(C) A person holding a valid certificate or evidence of	41932
registration under this section on the effective date of any rules	41933
adopted under this section that increase the certification or	41934
registration standards shall have the period that the rules	41935
prescribe, but not less than one year after the effective date of	41936
the rules, to meet the new standards.	41937

(D) No person shall be employed in a position for which	41938
certification or registration is required under rules adopted	41939
under this section, unless the person holds a valid certificate or	41940
evidence of registration for the position.	41941

Sec. 5123.60.  (A) A legal rights service is hereby created	41942
and established to protect and advocate the rights of mentally ill	41943
persons, mentally retarded persons, developmentally disabled	41944
persons, and other disabled persons who may be represented by the	41945
service pursuant to division (L) of this section; to receive and	41946
act upon complaints concerning institutional and hospital	41947
practices and conditions of institutions for mentally retarded or	41948
developmentally disabled persons and hospitals for the mentally	41949
ill; and to assure that all persons detained, hospitalized,	41950
discharged, or institutionalized, and all persons whose detention,	41951
hospitalization, discharge, or institutionalization is sought or	41952
has been sought under this chapter or Chapter 5122. of the Revised	41953
Code are fully informed of their rights and adequately represented	41954
by counsel in proceedings under this chapter or Chapter 5122. of	41955
the Revised Code and in any proceedings to secure the rights of	41956
suchthose persons. Notwithstanding the definitions of "mentally	41957
retarded person" and "developmentally disabled person" in section	41958
5123.01 of the Revised Code, the legal rights service shall	41959
determine who is a mentally retarded or developmentally disabled	41960
person for purposes of this section and sections 5123.601 to	41961
5123.604 of the Revised Code.	41962

(B) In regard to those persons detained, hospitalized, or	41963
institutionalized under Chapter 5122. of the Revised Code, the	41964
legal rights service shall undertake formal representation only of	41965
those persons who are involuntarily detained, hospitalized, or	41966
institutionalized pursuant to sections 5122.10 to 5122.15 of the	41967
Revised Code, and those voluntarily detained, hospitalized, or	41968
institutionalized who are minors, who have been adjudicated	41969
incompetent, who have been detained, hospitalized, or	41970
institutionalized in a public hospital, or who have requested	41971
representation by the legal rights service. If a person referred	41972
to in division (A) of this section voluntarily requests in writing	41973
that the legal rights service terminate participation in the	41974
person's case, such involvement shall cease.	41975

(C) Any person voluntarily hospitalized or institutionalized	41976
in a public hospital under division (A) of section 5122.02 of the	41977
Revised Code, after being fully informed of the person's rights	41978
pursuant tounder division (A) of this section, may, by written	41979
request, waive assistance by the legal rights service if the	41980
waiver is knowingly and intelligently made, without duress or	41981
coercion.	41982

The waiver may be rescinded at any time by the voluntary	41983
patient or resident, or by the voluntary patient's or resident's	41984
legal guardian.	41985

(D)(1) The legal rights service commission is hereby created	41986
for the purposes of appointing an administrator of the legal	41987
rights service, advising the administrator, assisting the	41988
administrator in developing a budget, and establishing general	41989
policy guidelines for the legal rights service. The commission	41990
may receive and act upon appeals of personnel decisions by the	41991
administrator.	41992

(2) The commission shall consist of seven members. One	41993
member, who shall serve as chairperson, shall be appointed by the	41994
chief justice of the supreme court, three members shall be	41995
appointed by the speaker of the house of representatives, and	41996
three members shall be appointed by the president of the senate.	41997
At least two members shall have experience in the field of	41998
developmental disabilities, and at least two members shall have	41999
experience in the field of mental health. No member shall be a	42000
provider or related to a provider of services to mentally	42001
retarded, developmentally disabled, or mentally ill persons. Terms	42002

(3) Terms of office of the members of the commission shall	42003
be for three years, each term ending on the same day of the month	42004
of the year as did the term which it succeeds. Each member shall	42005
serve subsequent to the expiration of the member's term until a	42006
successor is appointed and qualifies, or until sixty days has	42007
elapsed, whichever occurs first. AllNo member shall serve more	42008
than two consecutive terms.	42009

All vacancies in the membership of the commission shall be	42010
filled in the manner prescribed for the regular appointments to	42011
the commission and shall be limited to the unexpired terms. No	42012
member shall serve more than two consecutive terms.	42013

(4) The commission shall meet at least four times each year.	42014
Members shall be reimbursed for their necessary and actual	42015
expenses incurred in the performance of their official duties.	42016

(5) The administrator of the legal rights service shall be	42017
appointed for a five-year term, subject to removal for mental or	42018
physical incapacity to perform the duties of the office,	42019
conviction of violation of any law relating to the administrator's	42020
powers and duties, or other good cause shown.	42021

The administrator shall be a person who has had special	42022
training and experience in the type of work with which the legal	42023
rights service is charged. If the administrator is not an	42024
attorney, the administrator shall seek legal counsel when	42025
appropriate. The salary of the administrator shall be established	42026
in accordance with section 124.14 of the Revised Code.	42027

(E) The legal rights service shall be completely independent	42028
of the department of mental health and the department of mental	42029
retardation and developmental disabilities and, notwithstanding	42030
section 109.02 of the Revised Code, shall also be independent of	42031
the office of the attorney general. The administrator of the	42032
legal rights service, staff, and attorneys designated by the	42033
administrator to represent persons detained, hospitalized, or	42034
institutionalized under this chapter or Chapter 5122. of the	42035
Revised Code shall have ready access to the following:	42036

(1) During normal business hours and at other reasonable	42037
times, to all records relating to expenditures of state and	42038
federal funds or to the commitment, care, treatment, and	42039
habilitation of all persons represented by the legal rights	42040
service, including those who may be represented pursuant to	42041
division (L) of this section, or persons detained, hospitalized,	42042
institutionalized, or receiving services under this chapter or	42043
Chapter 340., 5119., 5122., or 5126. of the Revised Code that are	42044
records maintained by the following entities providing services	42045
for those persons: departments; institutions; hospitals;	42046
community residential facilities; boards of alcohol, drug	42047
addiction, and mental health services; county boards of mental	42048
retardation and developmental disabilities; contract agencies of	42049
those boards; and any other entity providing services to persons	42050
who may be represented by the service pursuant to division (L) of	42051
this section;	42052

(2) To anyAny records maintained in computerized data banks	42053
of the departments or boards or, in the case of persons who may be	42054
represented by the service pursuant to division (L) of this	42055
section, any other entity that provides services to those persons;	42056

(3) During their normal working hours, to personnel of the	42057
departments, facilities, boards, agencies, institutions,	42058
hospitals, and other service-providing entities;	42059

(4) At any time, to all persons detained, hospitalized, or	42060
institutionalized; persons receiving services under this chapter	42061
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	42062
persons who may be represented by the service pursuant to division	42063
(L) of this section.	42064

(F) The administrator of the legal rights service shall do	42065
the following:	42066

(1) Administer and organize the work of the legal rights	42067
service and establish administrative or geographic divisions as	42068
the administrator considers necessary, proper, and expedient;	42069

(2) Adopt and promulgate rules and prescribe duties for the	42070
efficient conduct of the business and general administration of	42071
the legal rights service;	42072

(3) Appoint and discharge employees, and hire such experts,	42073
consultants, advisors, or other professionally qualified persons	42074
as the administrator considers necessary to carry out the duties	42075
of the legal rights service;	42076

(4) Apply for and accept grants of funds, and accept	42077
charitable gifts and bequests;	42078

(5) Prepare and submit a budget to the general assembly for	42079
the operation of the legal rights service;	42080

(6) Enter into contracts and make such expenditures as are	42081
necessary for the efficient operation of the legal rights service;	42082

(7) Annually prepare a report of activities and submit	42083
copies of the report to the governor, the chief justice of the	42084
supreme court, the president of the senate, the speaker of the	42085
house of representatives, the director of mental health, and the	42086
director of mental retardation and developmental disabilities, and	42087
make the report available to the public.	42088

(G)(1) The legal rights service may act directly or contract	42089
with other organizations or individuals for the provision of the	42090
services envisioned under this section. Whenever	42091

(2) Whenever possible, the administrator shall attempt to	42092
facilitate the resolution of complaints through administrative	42093
channels. IfSubject to division (G)(3) of this section, if	42094
attempts at administrative resolution prove unsatisfactory, the	42095
administrator may pursue any legal, administrative, and other	42096
appropriate remedies or approaches that may be necessary to	42097
accomplish the purposes of this section. Relationships	42098

(3) The administrator may not pursue a class action lawsuit	42099
under division (G)(2) of this section when attempts at	42100
administrative resolution of a complaint prove unsatisfactory	42101
under that division unless both of the following have first	42102
occurred:	42103

(a) At least four members of the commission, by their	42104
affirmative vote, have consented to the pursuit of the class	42105
action lawsuit;	42106

(b) At least five members of the commission are present at	42107
the meeting of the commission at which that consent is obtained.	42108

(4) Relationships between personnel and the agents of the	42109
legal rights service and its clients shall be fiduciary	42110
relationships, and all communications shall be confidential, as if	42111
between attorney and client.	42112

(H) The legal rights service, on the order of the	42113
administrator, with the approval by an affirmative vote of at	42114
least four members of the commission, may compel by subpoena the	42115
appearance and sworn testimony of any person the administrator	42116
reasonably believes may be able to provide information or to	42117
produce any documents, books, records, papers, or other	42118
information necessary to carry out its duties.	42119

(I) The legal rights service may conduct public hearings.

42120

(J) The legal rights service may request from any	42121
governmental agency any cooperation, assistance, services, or data	42122
that will enable it to perform its duties.	42123

(K) In any malpractice action filed against the	42124
administrator of the legal rights service, a member of the staff	42125
of the legal rights service, or an attorney designated by the	42126
administrator to perform legal services under division (E) of this	42127
section, the state shall, when the administrator, member, or	42128
attorney has acted in good faith and in the scope of employment,	42129
indemnify the administrator, member, or attorney for any judgment	42130
awarded or amount negotiated in settlement, and for any court	42131
costs or legal fees incurred in defense of the claim.	42132

This division does not limit or waive, and shall not be	42133
construed to limit or waive, any defense that is available to the	42134
legal rights service, its administrator or employees, persons	42135
under a personal services contract with it, or persons designated	42136
under division (E) of this section, including, but not limited to,	42137
any defense available under section 9.86 of the Revised Code.	42138

(L) In addition to providing services to mentally ill,	42139
mentally retarded, or developmentally disabled persons, when a	42140
grant authorizing the provision of services to other individuals	42141
is accepted pursuant to division (F)(4) of this section, the legal	42142
rights service and its ombudsperson section may provide advocacy	42143
or ombudsperson services to those other individuals and exercise	42144
any other authority granted by this section or sections 5123.601	42145
to 5123.604 of the Revised Code on behalf of those individuals.	42146
Determinations of whether an individual is eligible for services	42147
under this division shall be made by the legal rights service.	42148

Sec. 5123.71.  (A)(1) Proceedings for the involuntary	42149
institutionalization of a person pursuant to sections 5123.71 to	42150
5123.76 of the Revised Code shall be commenced by the filing of an	42151
affidavit with the probate division of the court of common pleas	42152
of the county where the person person's is located resides or	42153
where the person is institutionalized, in the manner and form	42154
prescribed by the department of mental retardation and	42155
developmental disabilities either on information or actual	42156
knowledge, whichever is determined to be proper by the court. The	42157
affidavit may be filed only by a person who has custody of the	42158
individual as a parent, guardian, or service provider or by a	42159
person acting on behalf of the department or a county board of	42160
mental retardation and developmental disabilities. This section	42161
does not apply regarding the institutionalization of a person	42162
pursuant to section 2945.39, 2945.40, 2945.401, or 2945.402 of the	42163
Revised Code.	42164

The affidavit shall contain an allegation setting forth the	42165
specific category or categories under division (L)(P) of section	42166
5123.01 of the Revised Code upon which the commencement of	42167
proceedings is based and a statement of the factual ground for the	42168
belief that the person is a mentally retarded person subject to	42169
institutionalization by court order. Except as provided in	42170
division (A)(2) of this section, the affidavit shall be	42171
accompanied by both of the following:	42172

(a) A comprehensive evaluation report prepared by the	42173
person's evaluation team that includes a statement by the members	42174
of the team certifying that they have performed a comprehensive	42175
evaluation of the person and that they are of the opinion that the	42176
person is a mentally retarded person subject to	42177
institutionalization by court order;	42178

(b) An assessment report prepared by the county board of	42179
mental retardation and developmental disabilities under section	42180
5123.711 of the Revised Code specifying that the individual is in	42181
need of services on an emergency or priority basis.	42182

(2) A In lieu of the comprehensive evaluation report, the	42183
affidavit may be accompanied by a written and sworn statement that	42184
the person or the guardian of a person adjudicated incompetent has	42185
refused to allow a comprehensive evaluation and county board	42186
assessment and assessment reports. Immediately after accepting an	42187
affidavit that is not accompanied by the reports of a	42188
comprehensive evaluation and county board assessment, the court	42189
shall cause a comprehensive evaluation and county board assessment	42190
of the person named in the affidavit to be performed. The	42191
evaluation shall be conducted in the least restrictive environment	42192
possible and the assessment shall be conducted in the same manner	42193
as assessments conducted under section 5123.711 of the Revised	42194
Code. The evaluation and assessment must be completed before a	42195
probable cause hearing or full hearing may be held under section	42196
5123.75 or 5123.76 of the Revised Code.	42197

A written report of the evaluation team's findings and the	42198
county board's assessment shall be filed with the court. The	42199
reports shall, consistent with the rules of evidence, be accepted	42200
as probative evidence in any proceeding under section 5123.75 or	42201
5123.76 of the Revised Code. If the counsel for the person who is	42202
evaluated or assessed is known, the court shall send to the	42203
counsel a copy of the reports as soon as possible after they are	42204
filed and prior to any proceedings under section 5123.75 or	42205
5123.76 of the Revised Code.	42206

(B) , if the division may the,, Any person who is	42207
involuntarily detained in an institution or otherwise is in	42208
custody under this chapter shall be informed the person of the	42209
right to do the following:	42210

(1) Immediately make a reasonable number of telephone calls	42211
or use other reasonable means to contact an attorney, a physician,	42212
or both, to contact any other person or persons to secure	42213
representation by counsel, or to obtain medical assistance, and be	42214
provided assistance in making calls if the assistance is needed	42215
and requested;	42216

(2) Retain counsel and have independent expert evaluation	42217
and, if the person is an indigent person, be represented by	42218
court-appointed counsel and have independent expert evaluation at	42219
court expense;	42220

(3) Upon request, have a hearing to determine whether there	42221
is probable cause to believe that the person is a mentally	42222
retarded person subject to institutionalization by court order.	42223

(C) No person who is being treated by spiritual means	42224
through prayer alone in accordance with a recognized religious	42225
method of healing may be ordered detained or involuntarily	42226
committed unless the court has determined that the person	42227
represents a very substantial risk of self-impairment,	42228
self-injury, or impairment or injury to self to others.	42229

Sec. 5123.76.  (A) The full hearing shall be conducted in a	42230
manner consistent with the procedures outlined in this chapter and	42231
with due process of law. The hearing shall be held by a judge of	42232
the probate division or, upon transfer by the judge of the probate	42233
division, by another judge of the court of common pleas, or a	42234
referee designated by the judge of the probate division. Any	42235
referee designated by the judge of the probate division must be an	42236
attorney.	42237

(1) The following shall be made available to counsel for the	42238
respondent:	42239

(a) All relevant documents, information, and evidence in the	42240
custody or control of the state or prosecutor;	42241

(b) All relevant documents, information, and evidence in the	42242
custody or control of the institution, facility, or program in	42243
which the respondent currently is held or in which the respondent	42244
has been held pursuant to these proceedings;	42245

(c) With the consent of the respondent, all relevant	42246
documents, information, and evidence in the custody or control of	42247
any institution or person other than the state.	42248

(2) The respondent has the right to be represented by	42249
counsel of the respondent's choice and has the right to attend the	42250
hearing except if unusual circumstances of compelling medical	42251
necessity exist that render the respondent unable to attend and	42252
the respondent has not expressed a desire to attend.	42253

(3) If the respondent is not represented by counsel and the	42254
court determines that the conditions specified in division (A)(2)	42255
of this section justify the respondent's absence and the right to	42256
counsel has not been validly waived, the court shall appoint	42257
counsel forthwith to represent the respondent at the hearing,	42258
reserving the right to tax costs of appointed counsel to the	42259
respondent unless it is shown that the respondent is indigent. If	42260
the court appoints counsel, or if the court determines that the	42261
evidence relevant to the respondent's absence does not justify the	42262
absence, the court shall continue the case.	42263

(4) The respondent shall be informed of the right to retain	42264
counsel, to have independent expert evaluation, and, if an	42265
indigent person, to be represented by court appointed counsel and	42266
have expert independent evaluation at court expense.	42267

(5) The hearing may be closed to the public unless counsel	42268
for the respondent requests that the hearing be open to the	42269
public.	42270

(6) Unless objected to by the respondent, the respondent's	42271
counsel, or the designee of the director of mental retardation and	42272
developmental disabilities, the court, for good cause shown, may	42273
admit persons having a legitimate interest in the proceedings.	42274

(7) The affiant under section 5123.71 of the Revised Code	42275
shall be subject to subpoena by either party.	42276

(8) The court shall examine the sufficiency of all documents	42277
filed and shall inform the respondent, if present, and the	42278
respondent's counsel of the nature of the content of the documents	42279
and the reason for which the respondent is being held or for which	42280
the respondent's placement is being sought.	42281

(9) The court shall receive only relevant, competent, and	42282
material evidence.	42283

(10) The designee of the director shall present the evidence	42284
for the state. In proceedings under this chapter, the attorney	42285
general shall present the comprehensive evaluation, assessment,	42286
diagnosis, prognosis, record of habilitation and care, if any, and	42287
less restrictive habilitation plans, if any. The attorney general	42288
does not have a similar presentation responsibility in connection	42289
with a person who has been found not guilty by reason of insanity	42290
and who is the subject of a hearing under section 2945.40 of the	42291
Revised Code to determine whether the person is a mentally	42292
retarded person subject to institutionalization by court order.	42293

(11) The respondent has the right to testify and the	42294
respondent or the respondent's counsel has the right to subpoena	42295
witnesses and documents and to present and cross-examine	42296
witnesses.	42297

(12) The respondent shall not be compelled to testify and	42298
shall be so advised by the court.	42299

(13) On motion of the respondent or the respondent's counsel	42300
for good cause shown, or upon the court's own motion, the court	42301
may order a continuance of the hearing.	42302

(14) To an extent not inconsistent with this chapter, the	42303
Rules of Civil Procedure shall be applicable.	42304

(B) Unless, upon completion of the hearing, the court finds	42305
by clear and convincing evidence that the respondent named in the	42306
affidavit is a mentally retarded person subject to	42307
institutionalization by court order, it shall order the	42308
respondent's discharge forthwith.	42309

(C) If, upon completion of the hearing, the court finds by	42310
clear and convincing evidence that the respondent is a mentally	42311
retarded person subject to institutionalization by court order,	42312
the court may order the respondent's discharge or order the	42313
respondent, for a period not to exceed ninety days, to any of the	42314
following:	42315

(1) A public institution, provided that commitment of the	42316
respondent to the institution will not cause the institution to	42317
exceed its licensed capacity determined in accordance with section	42318
5123.19 of the Revised Code and provided that such a placement is	42319
indicated by the comprehensive evaluation report filed pursuant to	42320
section 5123.71 of the Revised Code;	42321

(2) A private institution;

42322

(3) A county mental retardation program;

42323

(4) Receive private habilitation and care;

42324

(5) Any other suitable facility, program, or the care of any	42325
person consistent with the comprehensive evaluation, assessment,	42326
diagnosis, prognosis, and habilitation needs of the respondent.	42327

(D) Any order made pursuant to division (C)(2), (4), or (5)	42328
of this section shall be conditional upon the receipt by the court	42329
of consent by the facility, program, or person to accept the	42330
respondent.	42331

(E) In determining the place to which, or the person with	42332
whom, the respondent is to be committed, the court shall consider	42333
the comprehensive evaluation, assessment, diagnosis, and projected	42334
habilitation plan for the respondent, and shall order the	42335
implementation of the least restrictive alternative available and	42336
consistent with habilitation goals.	42337

(F) If, at any time it is determined by the director of the	42338
facility or program to which, or the person to whom, the	42339
respondent is committed that the respondent could be equally well	42340
habilitated in a less restrictive environment that is available,	42341
the following shall occur:	42342

(1) The respondent shall be released by the director of the	42343
facility or program or by the person forthwith and referred to the	42344
court together with a report of the findings and recommendations	42345
of the facility, program, or person.	42346

(2) The director of the facility or program or the person	42347
shall notify the respondent's counsel and the designee of the	42348
director of mental retardation and developmental disabilities.	42349

(3) The court shall dismiss the case or order placement in	42350
the less restrictive environment.	42351

(G)(1) Except as provided in divisions (G)(2) and (3) of	42352
this section, any person who has been committed under this section	42353
may apply at any time during the ninety-day period for voluntary	42354
admission to an institution under section 5123.69 of the Revised	42355
Code. Upon admission of a voluntary resident, the managing	42356
officer immediately shall notify the court, the respondent's	42357
counsel, and the designee of the director in writing of that fact	42358
by mail or otherwise, and, upon receipt of the notice, the court	42359
shall dismiss the case. is admitted	42360

(2) admitted A person who is found incompetent to stand trial	42361
or not guilty by reason of insanity and who is committed pursuant	42362
to section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	42363
Code shall not be voluntarily admitted to an institution pursuant	42364
to division (G)(1) of this section until after the termination of	42365
the commitment, as described in division (J) of section 2945.401	42366
of the Revised Code.	42367

(H) If, at the end of any commitment period, the respondent	42368
has not already been discharged or has not requested voluntary	42369
admission status, the director of the facility or program, or the	42370
person to whose care the respondent has been committed, shall	42371
discharge the respondent forthwith, unless at least ten days	42372
before the expiration of that period the designee of the director	42373
of mental retardation and developmental disabilities or the	42374
prosecutor files an application with the court requesting	42375
continued commitment.	42376

(1) An application for continued commitment shall include a	42377
written report containing a current comprehensive evaluation and	42378
assessment, a diagnosis, a prognosis, an account of progress and	42379
past habilitation, and a description of alternative habilitation	42380
settings and plans, including a habilitation setting that is the	42381
least restrictive setting consistent with the need for	42382
habilitation. A copy of the application shall be provided to	42383
respondent's counsel. The requirements for notice under section	42384
5123.73 of the Revised Code and the provisions of divisions (A) to	42385
(E) of this section apply to all hearings on such applications.	42386

(2) A hearing on the first application for continued	42387
commitment shall be held at the expiration of the first ninety-day	42388
period. The hearing shall be mandatory and may not be waived.	42389

(3) Subsequent periods of commitment not to exceed one	42390
hundred eighty days each may be ordered by the court if the	42391
designee of the director of mental retardation and developmental	42392
disabilities files an application for continued commitment, after	42393
a hearing is held on the application or without a hearing if no	42394
hearing is requested and no hearing required under division (H)(4)	42395
of this section is waived. Upon the application of a person	42396
involuntarily committed under this section, supported by an	42397
affidavit of a licensed physician alleging that the person is no	42398
longer a mentally retarded person subject to institutionalization	42399
by court order, the court for good cause shown may hold a full	42400
hearing on the person's continued commitment prior to the	42401
expiration of any subsequent period of commitment set by the	42402
court.	42403

(4) A mandatory hearing shall be held at least every two	42404
years after the initial commitment.	42405

(5) If the court, after a hearing upon a request to continue	42406
commitment, finds that the respondent is a mentally retarded	42407
person subject to institutionalization by court order, the court	42408
may make an order pursuant to divisions (C), (D), and (E) of this	42409
section.	42410

(I) Notwithstanding the provisions of division (H) of this	42411
section, no person who is found to be a mentally retarded person	42412
subject to institutionalization by court order pursuant to	42413
division (L)(P)(2) of section 5123.01 of the Revised Code shall be	42414
held under involuntary commitment for more than five years.	42415

(J) The managing officer admitting a person pursuant to a	42416
judicial proceeding, within ten working days of the admission,	42417
shall make a report of the admission to the department.	42418

entity entity entity entity

42419

Sec. 5126.01.  As used in this chapter:

42420

(A) "Adult services" means a range of habilitation services	42421
designed to meet the individual needs of personsAs used in this	42422
division, "adult" means an individual who areis eighteen years of	42423
age or over and are not enrolled in a program or service under	42424
Chapter 3323. of the Revised Code, and of personsan individual	42425
sixteen andor seventeen years of age who areis eligible for	42426
adult services under rules adopted by the director of mental	42427
retardation and developmental disabilities pursuant to Chapter	42428
119. of the Revised Code. Such services may include habilitation	42429
programs and services, sheltered employment providing a structured	42430
work environment, job training, job placement, supported	42431
employment, competitive employment, and planned therapeutic and	42432
work activities providing meaningful tasks designed to improve the	42433
effectiveness or degree with which an individual meets the	42434
standards of personal independence and social responsibility	42435
expected of the individual's age and cultural group	42436

(1) "Adult services" means services provided to an adult	42437
outside the home, except when they are provided within the home	42438
according to an individual's assessed needs and identified in an	42439
individual service plan, that support learning and assistance in	42440
the area of self-care, sensory and motor development,	42441
socialization, daily living skills, communication, community	42442
living, social skills, or vocational skills.	42443

(2) "Adult services" includes all of the following:

42444

(a) Adult day habilitation services;

42445

(b) Adult day care;

42446

(c) Prevocational services;

42447

(d) Sheltered employment;

42448

(e) Educational experiences and training obtained through	42449
entities and activities that are not expressly intended for	42450
individuals with mental retardation and developmental	42451
disabilities, including trade schools, vocational or technical	42452
schools, adult education, job exploration and sampling, unpaid	42453
work experience in the community, volunteer activities, and	42454
spectator sports.	42455

(3) "Adult services" does not include community or supported	42456
employment services.	42457

(B)(1) "Adult day habilitation services" means adult	42458
services that do the following:	42459

(a) Provide access to and participation in typical	42460
activities and functions of community life that are desired and	42461
chosen by the general population, including such activities and	42462
functions as opportunities to experience and participate in	42463
community exploration, companionship with friends and peers,	42464
leisure activities, hobbies, maintaining family contacts,	42465
community events, and activities where individuals without	42466
disabilities are involved;	42467

(b) Provide supports or a combination of training and	42468
supports that afford an individual a wide variety of opportunities	42469
to facilitate and build relationships and social supports in the	42470
community.	42471

(2) "Adult day habilitation services" includes all of the	42472
following:	42473

(a) Personal care services needed to ensure an individual's	42474
ability to experience and participate in vocational services,	42475
educational services, community activities, and any other adult	42476
day habilitation services;	42477

(b) Skilled services provided while receiving adult day	42478
habilitation services, including such skilled services as behavior	42479
management intervention, occupational therapy, speech and language	42480
therapy, physical therapy, and nursing services;	42481

(c) Training and education in self-determination designed	42482
to help the individual do one or more of the following: develop	42483
self-advocacy skills, exercise the individual's civil rights,	42484
acquire skills that enable the individual to exercise control and	42485
responsibility over the services received, and acquire skills that	42486
enable the individual to become more independent, integrated, or	42487
productive in the community;	42488

(d) Recreational and leisure activities identified in the	42489
individual's service plan as therapeutic in nature or assistive in	42490
developing or maintaining social supports;	42491

(e) Counseling and assistance provided to obtain housing,	42492
including such counseling as identifying options for either rental	42493
or purchase, identifying financial resources, assessing needs for	42494
environmental modifications, locating housing, and planning for	42495
ongoing management and maintenance of the housing selected;	42496

(f) Transportation necessary to access adult day	42497
habilitation services;	42498

(g) Habilitation management, as described in section 5126.14	42499
of the Revised Code.	42500

(3) "Adult day habilitation services" does not include	42501
activities that are components of the provision of residential	42502
services, family support services, or supported living services.	42503

(C) "Community employment services" or "supported	42504
employment services" means job training and other services related	42505
to employment outside a sheltered workshop. "Community employment	42506
services" or "supported employment services" include all of the	42507
following:	42508

(1) Job training resulting in the attainment of competitive	42509
work, supported work in a typical work environment, or	42510
self-employment;	42511

(2) Supervised work experience through an employer paid to	42512
provide the supervised work experience;	42513

(3) Ongoing work in a competitive work environment at a	42514
wage commensurate with workers without disabilities;	42515

(4) Ongoing supervision by an employer paid to provide the	42516
supervision.	42517

(D) As used in this division, "substantial functional	42518
limitation," "developmental delay," and "established risk" have	42519
the meanings established pursuant to section 5123.011 of the	42520
Revised Code.	42521

"Developmental disability" means a severe, chronic disability	42522
that is characterized by all of the following:	42523

(1) It is attributable to a mental or physical impairment or	42524
a combination of mental and physical impairments, other than a	42525
mental or physical impairment solely caused by mental illness as	42526
defined in division (A) of section 5122.01 of the Revised Code;	42527

(2) It is manifested before age twenty-two;

42528

(3) It is likely to continue indefinitely;

42529

(4) It results in one of the following:

42530

(a) In the case of a person under age three, at least one	42531
developmental delay or an established risk;	42532

(b) In the case of a person at least age three but under age	42533
six, at least two developmental delays or an established risk;	42534

(c) In the case of a person age six or older, a substantial	42535
functional limitation in at least three of the following areas of	42536
major life activity, as appropriate for the person's age:	42537
self-care, receptive and expressive language, learning, mobility,	42538
self-direction, capacity for independent living, and, if the	42539
person is at least age sixteen, capacity for economic	42540
self-sufficiency.	42541

(5) It causes the person to need a combination and sequence	42542
of special, interdisciplinary, or other type of care, treatment,	42543
or provision of services for an extended period of time that is	42544
individually planned and coordinated for the person.	42545

(C)(E) "Early childhood services" means a planned program of	42546
habilitation designed to meet the needs of individuals with mental	42547
retardation or other developmental disabilities who have not	42548
attained compulsory school age.	42549

(D)(F)(1) "Environmental modifications" means the physical	42550
adaptations to an individual's home, specified in the individual's	42551
service plan, that are necessary to ensure the individual's	42552
health, safety, and welfare or that enable the individual to	42553
function with greater independence in the home, and without which	42554
the individual would require institutionalization.	42555

(2) "Environmental modifications" includes such adaptations	42556
as installation of ramps and grab-bars, widening of doorways,	42557
modification of bathroom facilities, and installation of	42558
specialized electric and plumbing systems necessary to accommodate	42559
the individual's medical equipment and supplies.	42560

(3) "Environmental modifications" does not include physical	42561
adaptations or improvements to the home that are of general	42562
utility or not of direct medical or remedial benefit to the	42563
individual, including such adaptations or improvements as	42564
carpeting, roof repair, and central air conditioning.	42565

(G) "Family support services" means the services provided	42566
under a family support services program operated under section	42567
5126.11 of the Revised Code.	42568

(H) "Habilitation" means the process by which the staff of	42569
the facility or agency assists an individual with mental	42570
retardation or other developmental disability in acquiring and	42571
maintaining those life skills that enable the individual to cope	42572
more effectively with the demands of the individual's own person	42573
and environment, and in raising the level of the individual's	42574
personal, physical, mental, social, and vocational efficiency.	42575
Habilitation includes, but is not limited to, programs of formal,	42576
structured education and training.	42577

(E)(I) "Habilitation center services" means services	42578
provided by a habilitation center certified by the department of	42579
mental retardation and developmental disabilities under section	42580
5123.041 of the Revised Code and covered by the medicaid program	42581
pursuant to rules adopted under section 5111.041 of the Revised	42582
Code.	42583

(J) "Home and community-based services" means	42584
medicaid-funded home and community-based services provided under a	42585
medicaid component the department of mental retardation and	42586
developmental disabilities administers pursuant to section	42587
5111.871 of the Revised Code.	42588

(K) "Medicaid" has the same meaning as in section 5111.01	42589
of the Revised Code.	42590

(L) "Medicaid case management services" means case	42591
management services provided to an individual with mental	42592
retardation or other developmental disability that the state	42593
medicaid plan requires.	42594

(M) "Mental retardation" means a mental impairment	42595
manifested during the developmental period characterized by	42596
significantly subaverage general intellectual functioning existing	42597
concurrently with deficiencies in the effectiveness or degree with	42598
which an individual meets the standards of personal independence	42599
and social responsibility expected of the individual's age and	42600
cultural group.	42601

(F)(N) "Residential services" means services to individuals	42602
with mental retardation or other developmental disabilities to	42603
provide housing, food, clothing, habilitation, staff support, and	42604
related support services necessary for the health, safety, and	42605
welfare of the individuals and the advancement of their quality of	42606
life. "Residential services" includes program management, as	42607
described in section 5126.14 of the Revised Code.	42608

(G)(O) "Resources" means available capital and other assets,	42609
including moneys received from the federal, state, and local	42610
governments, private grants, and donations; appropriately	42611
qualified personnel; and appropriate capital facilities and	42612
equipment.	42613

(H)(P) "Service and support administration" means the duties	42614
performed by a service and support administrator pursuant to	42615
section 5126.15 of the Revised Code.	42616

(Q)(1) "Specialized medical, adaptive, and assistive	42617
equipment, supplies, and supports" means equipment, supplies, and	42618
supports that enable an individual to increase the ability to	42619
perform activities of daily living or to perceive, control, or	42620
communicate within the environment.	42621

(2) "Specialized medical, adaptive, and assistive equipment,	42622
supplies, and supports" includes the following:	42623

(a) Eating utensils, adaptive feeding dishes, plate guards,	42624
mylatex straps, hand splints, reaches, feeder seats, adjustable	42625
pointer sticks, interpreter services, telecommunication devices	42626
for the deaf, computerized communications boards, other	42627
communication devices, support animals, veterinary care for	42628
support animals, adaptive beds, supine boards, prone boards,	42629
wedges, sand bags, sidelayers, bolsters, adaptive electrical	42630
switches, hand-held shower heads, air conditioners, humidifiers,	42631
emergency response systems, folding shopping carts, vehicle lifts,	42632
vehicle hand controls, other adaptations of vehicles for	42633
accessibility, and repair of the equipment received.	42634

(b) Nondisposable items not covered by medicaid that are	42635
intended to assist an individual in activities of daily living or	42636
instrumental activities of daily living.	42637

(R) "Supportive home services" means a range of services to	42638
families of individuals with mental retardation or other	42639
developmental disabilities to develop and maintain increased	42640
acceptance and understanding of such persons, increased ability of	42641
family members to teach the person, better coordination between	42642
school and home, skills in performing specific therapeutic and	42643
management techniques, and ability to cope with specific	42644
situations.	42645

(I)(S)(1) "Supported living" means services provided for as	42646
long as twenty-four hours a day to an individual with mental	42647
retardation or other developmental disability through any public	42648
or private resources, including moneys from the individual, that	42649
enhance the individual's reputation in community life and advance	42650
the individual's quality of life by doing the following:	42651

(1)(a) Providing the support necessary to enable an	42652
individual to live in a residence of the individual's choice and	42653
to choose to live alone, with any number of individuals who are	42654
not disabled, or with not more than three individuals with mental	42655
retardation and developmental disabilities unless the individuals	42656
are related by blood or marriage;	42657

(2)(b) Encouraging the individual's participation in the	42658
community;	42659

(3)(c) Promoting the individual's rights and autonomy;

42660

(4) Encouraging the increase of the individual's(d)	42661
Assisting the individual in acquiring, retaining, and improving	42662
the skills and competence necessary to live successfully in the	42663
individual's residence.	42664

(2) "Supported living" includes the provision of housingall	42665
of the following:	42666

(a) Housing, food, clothing, habilitation, staff support,	42667
professional services, and any related support services necessary	42668
forto ensure the health, safety, and welfare of the individual	42669
receiving the services;	42670

(b) A combination of life-long or extended-duration	42671
supervision, training, and other services essential to daily	42672
living, including assessment and evaluation and assistance with	42673
the cost of training materials, transportation, fees, and	42674
supplies;	42675

(c) Personal care services and homemaker services;

42676

(d) Household maintenance that does not include	42677
modifications to the physical structure of the residence;	42678

(e) Respite care services;

42679

(f) Program management, as described in section 5126.14 of	42680
the Revised Code.	42681

Sec. 5126.035. (A) As used in this section:

42682

(1) "Provider" means a person or government entity that	42683
provides services to an individual with mental retardation or	42684
other developmental disability pursuant to a service contract.	42685

(2) "Service contract" means a contract between a county	42686
board of mental retardation and developmental disabilities and a	42687
provider under which the provider is to provide services to an	42688
individual with mental retardation or other developmental	42689
disability.	42690

(B) Each service contract that a county board of mental	42691
retardation and developmental disabilities enters into with a	42692
provider shall do all of the following:	42693

(1) Comply with rules adopted under division (E) of this	42694
section;	42695

(2) If the provider is to provide home and community-based	42696
services, medicaid case management services, or habilitation	42697
center services, comply with all applicable statewide medicaid	42698
requirements;	42699

(3) Include a general operating agreement component and an	42700
individual service needs addendum.	42701

(C) The general operating agreement component shall	42702
include all of the following:	42703

(1) The roles and responsibilities of the county board	42704
regarding services for individuals with mental retardation or	42705
other developmental disability who reside in the county the county	42706
board serves;	42707

(2) The roles and responsibilities of the provider as	42708
specified in the individual service needs addendum;	42709

(3) Procedures for the county board to monitor the	42710
provider's services;	42711

(4) Procedures for the county board to evaluate the quality	42712
of care and cost effectiveness of the provider's services;	42713

(5) Procedures for payment of eligible claims;

42714

(6) If the provider is to provide home and community-based	42715
services, medicaid case management services, or habilitation	42716
center services, both of the following:	42717

(a) Procedures for reimbursement that conform to the	42718
statewide reimbursement process and the county board's plan	42719
submitted under section 5126.054 of the Revised Code;	42720

(b) Procedures that ensure that the county board pays the	42721
nonfederal share of the medicaid expenditures that the county	42722
board is required by division (A) of section 5126.056 of the	42723
Revised Code to pay.	42724

(7) Procedures for the county board to perform service	42725
utilization reviews and the implementation of required corrective	42726
actions;	42727

(8) Procedures for the provider to submit claims for	42728
payment for a service no later than three hundred thirty days	42729
after the date the service is provided;	42730

(9) Procedures for rejecting claims for payment that are	42731
submitted after the time required by division (B)(9) of this	42732
section;	42733

(10) Procedures for developing, modifying, and executing	42734
initial and subsequent service plans. The procedures shall	42735
provide for the provider's participation.	42736

(11) Procedures for affording individuals due process	42737
protections;	42738

(12) General staffing, training, and certification	42739
requirements that are consistent with state requirements and	42740
compensation arrangements that are necessary to attract, train,	42741
and retain competent personnel to deliver the services pursuant to	42742
the individual service needs addendum;	42743

(13) Methods to be used to document services provided and	42744
procedures for submitting reports the county board requires;	42745

(14) Methods for authorizing and documenting within	42746
seventy-two hours changes to the individual service needs	42747
addendum. The methods shall allow for changes to be initially	42748
authorized verbally and subsequently in writing.	42749

(15) Procedures for modifying the individual service	42750
needs addendum in accordance with changes to the recipient's	42751
individualized service plan;	42752

(16) Procedures for terminating the individual service	42753
needs addendum within thirty days of a request made by the	42754
recipient;	42755

(17) A requirement that all parties to the contract accept	42756
the contract's terms and conditions;	42757

(18) A designated contact person and the method of	42758
contacting the designated person to respond to medical or	42759
behavioral problems and allegations of major unusual incidents or	42760
unusual incidents;	42761

(19) Procedures for ensuring the health and welfare of the	42762
recipient;	42763

(20) Procedures for ensuring fiscal accountability and the	42764
collection and reporting of programmatic data;	42765

(21) Procedures for implementing the mediation and	42766
arbitration process under section 5126.036 of the Revised Code;	42767

(22) Procedures for amending or terminating the contract,	42768
including as necessary to make the general operating agreement	42769
component consistent with any changes made to the individual	42770
service needs addendum;	42771

(23) Anything else allowable under federal and state law	42772
that the county board and provider agree to.	42773

(D) The individual service needs addendum shall be	42774
consistent with the general operating agreement component and	42775
include all of the following:	42776

(1) The name of the individual with mental retardation or	42777
other developmental disability who is to receive the services from	42778
the provider and any information about the recipient that the	42779
provider needs to be able to provide the services;	42780

(2) A clear and complete description of the services that	42781
the recipient is to receive as determined using statewide	42782
assessment tools;	42783

(3) A copy of the recipient's assessment and individualized	42784
service plan;	42785

(4) A clear and complete description of the provider's	42786
responsibilities to the recipient and county board in providing	42787
appropriate services in a coordinated manner with other providers	42788
and in a manner that contributes to and ensures the recipient's	42789
health, safety, and welfare.	42790

(E) The director of mental retardation and developmental	42791
disabilities shall adopt rules in accordance with Chapter 119. of	42792
the Revised Code governing service contracts. A service contract	42793
does not negate the requirement that a provider of home and	42794
community-based services, medicaid case management services, or	42795
habilitation center services have a medicaid provider agreement	42796
with the department of job and family services.	42797

Sec. 5126.036. (A) As used in this section:

42798

(1) "Aggrieved party" means any of the following:

42799

(a) The party to a service contract that is aggrieved by an	42800
action the other party has taken or not taken under the service	42801
contract;	42802

(b) A person or government entity aggrieved by the refusal	42803
of a county board of mental retardation and developmental	42804
disabilities to enter into a service contract with the person or	42805
government entity;	42806

(c) A person or government entity aggrieved by termination	42807
by a county board of mental retardation and development	42808
disabilities of a service contract between the person or	42809
government entity and the county board.	42810

(2) "Mediator/arbitrator" means either of the following:

42811

(a) An attorney at law licensed to practice law in this	42812
state who is mutually selected by the parties under division	42813
(B)(4) of this section to conduct mediation and arbitration;	42814

(b) A retired judge who is selected under division (B)(4)	42815
of this section to conduct mediation and arbitration.	42816

(3) "Other party" means any of the following:

42817

(a) The party to a service contract that has taken or not	42818
taken an action under the service contract that causes the	42819
aggrieved party to be aggrieved;	42820

(b) A county board of mental retardation and developmental	42821
disabilities that refuses to enter into a service contract with a	42822
person or government entity;	42823

(c) A county board of mental retardation and developmental	42824
disabilities that terminates a service contract.	42825

(4) "Parties" mean either of the following:

42826

(a) A county board of mental retardation and developmental	42827
disabilities and a provider that have or had a service contract	42828
with each other;	42829

(b) A person or government entity that seeks a service	42830
contract with a county board of mental retardation and	42831
developmental disabilities and the county board that refuses to	42832
enter into the service contract with the person or government	42833
entity.	42834

(5) "Provider" means a person or government entity that	42835
provides services to an individual with mental retardation or	42836
other developmental disability pursuant to a service contract.	42837

(6) "Service contract" means a contract between a county	42838
board of mental retardation and developmental disabilities and a	42839
provider under which the provider is to provide services to an	42840
individual with mental retardation or other developmental	42841
disability.	42842

(B) An aggrieved party that seeks to require the other	42843
party to take or cease an action under a service contract that	42844
causes the aggrieved party to be aggrieved, a person or	42845
government entity aggrieved by the refusal of a county board of	42846
mental retardation and developmental disabilities to enter into a	42847
service contract with the person or government entity, or a person	42848
or government entity aggrieved by a county board's termination of	42849
a service contract between the person or government entity and the	42850
county board and the other party shall follow the following	42851
mediation and arbitration procedures:	42852

(1) No later than thirty days after first notifying the	42853
other party that the aggrieved party is aggrieved, the aggrieved	42854
party shall file a written notice of mediation and arbitration	42855
with the department of mental retardation and developmental	42856
disabilities and provide a copy of the written notice to the other	42857
party. The written notice shall include an explanation of why the	42858
aggrieved party is aggrieved. The department of mental	42859
retardation and developmental disabilities shall provide the	42860
department of job and family services a copy of the notice.	42861

(2) In the case of parties that have a current service	42862
contract with each other and unless otherwise agreed to by both	42863
parties, the parties shall continue to operate under the contract	42864
in the manner they have been operating until the mediation and	42865
arbitration process, including an appeal under division (B)(9) of	42866
this section, if any, is completed.	42867

(3) During the thirty days following the date the aggrieved	42868
party files the written notice of mediation and arbitration under	42869
division (B)(1) of this section, the parties may attempt to	42870
resolve the conflict informally. If the parties are able to	42871
resolve the conflict informally within this time, the aggrieved	42872
party shall rescind the written notice of mediation and	42873
arbitration filed under division (B)(1) of this section.	42874

(4) No later than thirty days after the date the aggrieved	42875
party files the written notice of mediation and arbitration under	42876
division (B)(1) of this section, the parties shall mutually select	42877
an attorney at law licensed to practice law in this state to	42878
conduct the mediation and arbitration and schedule the first	42879
meeting of the mediation unless the parties informally resolve the	42880
conflict under division (B)(3) of this section. If the parties	42881
fail to select an attorney to conduct the mediation and	42882
arbitration within the required time, the parties shall request	42883
that the chief justice of the supreme court of Ohio provide the	42884
parties a list of five retired judges who are willing to perform	42885
the mediation and arbitration duties. The chief justice shall	42886
create such a list and provide it to the parties. To select the	42887
retired judge to conduct the mediation and arbitration, the	42888
parties shall take turns, beginning with the aggrieved party,	42889
striking retired judges from the list. The retired judge	42890
remaining on the list after both parties have each stricken two	42891
retired judges from the list shall perform the mediation and	42892
arbitration duties, including scheduling the first meeting of	42893
mediation if the parties are unable to agree on a date for the	42894
first meeting.	42895

(5) A stenographic record or tape recording and	42896
transcript of each mediation and arbitration meeting shall be	42897
maintained as part of the mediation and arbitration's official	42898
records. The parties shall share the cost of the mediation and	42899
arbitration, including the cost of the mediator/arbitrator's	42900
services but excluding the cost of representation.	42901

(6) The first mediation meeting shall be held no later than	42902
sixty days after the date the aggrieved party files the written	42903
notice of mediation and arbitration under division (B)(1) of this	42904
section unless the parties informally resolve the conflict under	42905
division (B)(3) of this section or the parties mutually agree to	42906
hold the first meeting at a later time. The mediation shall be	42907
conducted in the manner the parties mutually agree. If the	42908
parties are unable to agree on how the mediation is to be	42909
conducted, the mediator/arbitrator selected under division (B)(4)	42910
of this section shall determine how it is to be conducted. The	42911
rules of evidence may be used. The mediator/arbitrator shall	42912
attempt to resolve the conflict through the mediation process. The	42913
mediator/arbitrator's resolution of the conflict may be applied	42914
retroactively.	42915

(7) If the conflict is not resolved through the mediation	42916
process, the mediator/arbitrator shall arbitrate the conflict.	42917
The parties shall present evidence to the mediator/arbitrator in	42918
the manner the mediator/arbitrator requires. The	42919
mediator/arbitrator shall render a written recommendation within	42920
thirty days of the conclusion of the last arbitration meeting	42921
based on the service contract, applicable law, and the	42922
preponderance of the evidence presented during the arbitration.	42923
The mediator/arbitrator's recommendation may be applied	42924
retroactively. If the parties agree, the mediator/arbitrator may	42925
continue to attempt to resolve the conflict through mediation	42926
while the mediator/arbitrator the conflict.	42927

(8) No later than thirty days after the mediator/arbitrator	42928
renders a recommendation in an arbitration, the	42929
mediator/arbitrator shall provide the parties with a written	42930
recommendation and forward a copy of the written recommendation,	42931
transcripts from each arbitration meeting, and a copy of all	42932
evidence presented to the mediator/arbitrator during the	42933
arbitration to the departments of mental retardation and	42934
developmental disabilities and job and family services.	42935

(9) No later than thirty days after the department of	42936
mental retardation and developmental disabilities receives the	42937
mediator/arbitrator's recommendation and the materials required by	42938
division (B)(8) of this section, the department shall adopt,	42939
reject, or modify the mediator/arbitrator's recommendation	42940
consistent with the mediator/arbitrator's findings of fact and	42941
conclusions of law or remand any portion of the recommendation to	42942
the mediator/arbitrator for further findings on a specific factual	42943
or legal issue. The mediator/arbitrator shall complete the	42944
further findings and provide the parties and the department with a	42945
written response to the remand within sixty days of the date the	42946
mediator/arbitrator receives the remand. On receipt of the	42947
mediator/arbitrator's response to the remand, the department,	42948
within thirty days, unless the parties agree otherwise, shall	42949
adopt, reject, or modify the mediator/arbitrator's response. The	42950
department's actions regarding the mediator/arbitrator's	42951
recommendation and response are a final adjudication order subject	42952
to appeal to the court of common pleas of Franklin county under	42953
section 119.12 of the Revised Code, except that the court shall	42954
consider only whether the conclusions of law the department adopts	42955
are in accordance with the law.	42956

(10) If the department of job and family services, in	42957
consultation with the department of mental retardation and	42958
developmental disabilities, determines no later than thirty days	42959
following the date the department of mental retardation and	42960
developmental disabilities receives the mediator/arbitrator's	42961
recommendation and the materials required by division (B)(8) of	42962
this section, or, if the recommendation is remanded under division	42963
(B)(9) of this section, thirty days following the date the	42964
department receives the response to the remand, that any aspect of	42965
the conflict between the parties affects the medicaid program, the	42966
department of mental retardation and developmental disabilities	42967
shall take all actions under division (B)(9) of this section in	42968
consultation with the department of job and family services.	42969

(C) If the department of mental retardation and	42970
developmental disabilities is aware of a conflict between a county	42971
board of mental retardation and developmental disabilities and a	42972
person or government entity that provides or seeks to provide	42973
services to an individual with mental retardation or other	42974
developmental disability to which the mediation and arbitration	42975
procedures established by this section may be applied and that the	42976
aggrieved party has not filed a written notice of mediation and	42977
arbitration within the time required by division (B)(1) of this	42978
section, the department may require that the parties implement the	42979
mediation and arbitration procedures.	42980

(D) Each service contract shall provide for the parties to	42981
follow the mediation and arbitration procedures established by	42982
this section if a party takes or does not take an action under the	42983
service contract that causes the aggrieved party to be aggrieved	42984
or if the provider is aggrieved by the county board's termination	42985
of the service contract.	42986

Sec. 5126.041.  (A) As used in this section:

42987

(1) "Biological risk" and "environmental risk" have the	42988
meanings established pursuant to section 5123.011 of the Revised	42989
Code.	42990

(2) "Handicapped preschool child" has the same meaning as in	42991
section 3323.01 of the Revised Code.	42992

(3) "State institution" means all or part of an institution	42993
under the control of the department of mental retardation and	42994
developmental disabilities pursuant to section 5123.03 of the	42995
Revised Code and maintained for the care, treatment, and training	42996
of the mentally retarded.	42997

(B) Except as provided in division (C) of this section, each	42998
county board of mental retardation and developmental disabilities	42999
shall make eligibility determinations in accordance with the	43000
definition of "developmental disability" in section 5126.01 of the	43001
Revised Code. Pursuant to rules the department of mental	43002
retardation and developmental disabilities shall adopt in	43003
accordance with Chapter 119. of the Revised Code, a county board	43004
may establish eligibility for programs and services for either of	43005
the following:	43006

(1) Individuals under age six who have a biological risk or	43007
environmental risk of a developmental delay;	43008

(2) Any handicapped preschool child eligible for services	43009
under section 3323.02 of the Revised Code whose handicap is not	43010
attributable solely to mental illness as defined in section	43011
5122.01 of the Revised Code.	43012

(C)(1) A county board shall make determinations of	43013
eligibility for case management servicesservice and support	43014
administration in accordance with rules adopted under section	43015
5126.155126.08 of the Revised Code.	43016

(2) All persons who were eligible for services and enrolled	43017
in programs offered by a county board of mental retardation and	43018
developmental disabilities pursuant to this chapter on July 1,	43019
1991, shall continue to be eligible for those services and to be	43020
enrolled in those programs as long as they are in need of	43021
services.	43022

(3) A person who resided in a state institution on or before	43023
October 29, 1993, is eligible for programs and services offered by	43024
a county board of mental retardation and developmental	43025
disabilities, unless the person is determined by the county board	43026
not to be in need of those programs and services.	43027

(D) A county board shall refer a person who requests but is	43028
not eligible for programs and services offered by the board to	43029
other entities of state and local government or appropriate	43030
private entities that provide services.	43031

(E) Membership of a person on, or employment of a person by,	43032
a county board of mental retardation and developmental	43033
disabilities does not affect the eligibility of any member of that	43034
person's family for services provided by the board or by any	43035
entity under contract with the board.	43036

Sec. 5126.042.  (A) As used in this section:

43037

(1) "Emergency" means any situation that creates for an	43038
individual with mental retardation or developmental disabilities a	43039
risk of substantial self-harm or substantial harm to others if	43040
action is not taken within thirty days. An "emergency" may	43041
include one or more of the following situations:	43042

(a) Loss of present residence for any reason, including	43043
legal action;	43044

(b) Loss of present caretaker for any reason, including	43045
serious illness of the caretaker, change in the caretaker's	43046
status, or inability of the caretaker to perform effectively for	43047
the individual;	43048

(c) Abuse, neglect, or exploitation of the individual;

43049

(d) Health and safety conditions that pose a serious risk to	43050
the individual or others of immediate harm or death;	43051

(e) Change in the emotional or physical condition of the	43052
individual that necessitates substantial accommodation that cannot	43053
be reasonably provided by the individual's existing caretaker.	43054

(2) "Medicaid" has the same meaning as in section 5111.01 of	43055
the Revised Code.	43056

(3) "Priority" means any situation that would constitute an	43057
emergency except that action to resolve the situation may be taken	43058
in more than thirty but less than ninety days without creating a	43059
risk of substantial harm to self or others.	43060

(B) If a county board of mental retardation and	43061
developmental disabilities determines that available resources are	43062
not sufficient to meet the needs of all individuals who request	43063
programs and services and may be offered the programs and	43064
services, it shall establish waiting lists for services. The	43065
board may establish priorities for making placements on its	43066
waiting lists according to an individual's emergency or priority	43067
status and shall establish priorities in accordance with division	43068
(D) of this section.	43069

The individuals who may be placed on a waiting list include	43070
individuals with a need for services on an emergency or priority	43071
basis and individuals who have requested services for which	43072
resources are not available.	43073

AnExcept for an individual who is to receive priority for	43074
services pursuant to division (D)(3) of this section, an	43075
individual who currently receives a service but would like to	43076
change to another service shall not be placed on a waiting list	43077
but shall be placed on a service substitution list. The board	43078
shall work with the individual, service providers, and all	43079
appropriate entities to facilitate the change in service as	43080
expeditiously as possible. The board may establish priorities for	43081
making placements on its service substitution lists according to	43082
an individual's emergency or priority status.	43083

In addition to maintaining waiting lists and service	43084
substitution lists, a board shall maintain a long-term service	43085
planning registry for individuals who wish to record their	43086
intention to request in the future a service they are not	43087
currently receiving. The purpose of the registry is to enable the	43088
board to document requests and to plan appropriately. The board	43089
may not place an individual on the registry who meets the	43090
conditions for receipt of services on an emergency or priority	43091
basis.	43092

(C) A county board shall establish a separate waiting list	43093
for each of the following categories of services, and may	43094
establish separate waiting lists within the waiting lists:	43095

(1) Early childhood services;

43096

(2) Educational programs for preschool and school age	43097
children;	43098

(3) Adult services;

43099

(4) Case management servicesservice and support	43100
administration;	43101

(5) Residential services and supported living;

43102

(6) Transportation services;

43103

(7) Other services determined necessary and appropriate for	43104
persons with mental retardation or a developmental disability	43105
according to their individual habilitation or service plans;	43106

(8) Family support services provided under section 5126.11	43107
of the Revised Code.	43108

(D) Except as provided in division (E) of this section, a	43109
county board shall do all of the following in accordance with the	43110
county board's plan approved under section 5123.046 of the Revised	43111
Code as priorities:	43112

(1) For the purpose of obtaining additional federal	43113
medicaid funds for home and community-based services, medicaid	43114
case management services, and habilitation center services, do	43115
both of the following:	43116

(a) Give an individual who is eligible for home and	43117
community-based services and meets both of the following	43118
requirements priority over any other individual on a waiting list	43119
established under division (C) of this section for home and	43120
community-based services that include supported living,	43121
residential services, or family support services:	43122

(i) Is twenty-two years of age or older;

43123

(ii) Receives supported living or family support services.

43124

(b) Give an individual who is eligible for home and	43125
community-based services and meets both of the following	43126
requirements priority over any other individual on a waiting list	43127
established under division (C) of this section for home and	43128
community-based services that include adult services:	43129

(i) Resides in the individual's own home or the home of the	43130
individual's family and will continue to reside in that home after	43131
enrollment in home and community-based services;	43132

(ii) Receives adult services from the county board.

43133

(2) As federal medicaid funds become available pursuant to	43134
division (D)(1) of this section, give an individual who is	43135
eligible for home and community-based services and meets any of	43136
the following requirements priority for such services over any	43137
other individual on a waiting list established under division (C)	43138
of this section other than an individual given priority under	43139
division (D)(1) of this section:	43140

(a) Does not receive residential services or supported	43141
living, either needs services in the individual's current living	43142
arrangement or will need services in a new living arrangement, and	43143
has a primary caregiver who is sixty years of age or older;	43144

(b) Is less than twenty-two years of age, does not receive	43145
residential services or supported living, resides in the home of	43146
the individual's family, and has at least one of the following	43147
service needs that are unusual in scope or intensity:	43148

(i) Severe behavior problems for which a behavior support	43149
plan is needed;	43150

(ii) An emotional disorder for which anti-psychotic	43151
medication is needed;	43152

(iii) A medical condition that leaves the individual	43153
dependent on life-support medical technology;	43154

(iv) A condition affecting multiple body systems for which	43155
a combination of specialized medical, psychological, educational,	43156
or habilitation services are needed;	43157

(v) A condition the county board determines to be	43158
comparable in severity to any condition described in division	43159
(D)(1)(b)(i) to (iv) of this section and places the individual at	43160
significant risk of institutionalization.	43161

(c) Is twenty-two years of age or older and is determined	43162
by the county board to have intensive needs for residential	43163
services on an in-home or out-of-home basis.	43164

(3) In fiscal years 2002 and 2003, give an individual who	43165
is eligible for home and community-based services, resides in an	43166
intermediate care facility for the mentally retarded or nursing	43167
facility, chooses to move to another setting with the help of home	43168
and community-based services, and has been determined by the	43169
department of mental retardation and developmental disabilities to	43170
be capable of residing in the other setting, priority over any	43171
other individual on a waiting list established under division (C)	43172
of this section for home and community-based services who does not	43173
meet these criteria. The department of mental retardation and	43174
developmental disabilities shall identify the individuals to	43175
receive priority under division (D)(3) of this section, assess the	43176
needs of the individuals, and notify the county boards that are to	43177
provide the individuals priority under division (D)(3) of this	43178
section of the individuals identified by the department and the	43179
individuals' assessed needs.	43180

(E)(1) No individual may receive priority for services	43181
pursuant to division (D) of this section over an individual placed	43182
on a waiting list established under division (C) of this section	43183
on an emergency status.	43184

(2) No more than two hundred individuals in the state may	43185
receive priority for services during state fiscal years 2002 and	43186
2003 pursuant to division (D)(2)(b) of this section.	43187

(3) No more than a total of seventy-five individuals in the	43188
state may receive priority for services during state fiscal years	43189
2002 and 2003 pursuant to division (D)(3) of this section.	43190

(F) Prior to establishing any waiting list under this	43191
section, a county board shall develop and implement a policy for	43192
waiting lists that complies with this section and rules that the	43193
department of mental retardation and developmental disabilities	43194
shall adopt in accordance with Chapter 119. of the Revised Code.	43195
The department's rules shall include procedures to be followed to	43196
ensure that the due process rights of individuals placed on	43197
waiting lists are not violated.	43198

Prior to placing an individual on a waiting list, the county	43199
board shall assess the service needs of the individual in	43200
accordance with all applicable state and federal laws. The county	43201
board shall place the individual on the appropriate waiting list	43202
and may place the individual on more than one waiting list. The	43203
county board shall notify the individual of the individual's	43204
placement and position on each waiting list on which the	43205
individual is placed.	43206

At least annually, the county board shall reassess the	43207
service needs of each individual on a waiting list. If it	43208
determines that an individual no longer needs a program or	43209
service, the county board shall remove the individual from the	43210
waiting list. If it determines that an individual needs a program	43211
or service other than the one for which the individual is on the	43212
waiting list, the county board shall provide the program or	43213
service to the individual or place the individual on a waiting	43214
list for the program or service in accordance with the board's	43215
policy for waiting lists.	43216

When a program or service for which there is a waiting list	43217
becomes available, the county board shall reassess the service	43218
needs of the individual next scheduled on the waiting list to	43219
receive that program or service. If the reassessment demonstrates	43220
that the individual continues to need the program or service, the	43221
board shall offer the program or service to the individual. If it	43222
determines that an individual no longer needs a program or	43223
service, the county board shall remove the individual from the	43224
waiting list. If it determines that an individual needs a program	43225
or service other than the one for which the individual is on the	43226
waiting list, the county board shall provide the program or	43227
service to the individual or place the individual on a waiting	43228
list for the program or service in accordance with the board's	43229
policy for waiting lists. The county board shall notify the	43230
individual of the individual's placement and position on the	43231
waiting list on which the individual is placed.	43232

(E)(G) A child subject to a determination made pursuant to	43233
section 121.38 of the Revised Code who requires the home and	43234
community-based services provided through the medical assistance	43235
waiver programs operatedmedicaid component that the department of	43236
mental retardation and developmental disabilities administers	43237
under sections 5111.87 and 5111.88section 5111.871 of the Revised	43238
Code shall receive services through the waiver programs adopted	43239
under Chapters 5111., 5123., and 5126. of the Revised Codethat	43240
medicaid component. For all other services, a child subject to a	43241
determination made pursuant to section 121.38 of the Revised Code	43242
shall be treated as an emergency by the county boards and shall	43243
not be subject to a waiting list.	43244

(F)(H) Not later than the fifteenth day of March of each	43245
even-numbered year, each county board shall prepare and submit to	43246
the director of mental retardation and developmental disabilities	43247
its recommendations for the funding of services for individuals	43248
with mental retardation and developmental disabilities and its	43249
proposals for reducing the waiting lists for services.	43250

(G)(I) The following shall take precedence over the	43251
applicable provisions of this section:	43252

(1) Medicaid rules and regulations;

43253

(2) Any specific requirements that may be contained within a	43254
medicaid state plan amendment or waiver program that a county	43255
board has authority to administer or with respect to which it has	43256
authority to provide services, programs, or supports.	43257

Sec. 5126.046. (A) Each county board of mental retardation	43258
and developmental disabilities that has medicaid local	43259
administrative authority under division (A) of section 5126.055 of	43260
the Revised Code for habilitation, vocational, or community	43261
employment services provided as part of home and community-based	43262
services shall create a list of all persons and government	43263
entities eligible to provide such habilitation, vocational, or	43264
community employment services. If the county board chooses and is	43265
eligible to provide such habilitation, vocational, or community	43266
employment services, the county board shall include itself on the	43267
list. The county board shall make the list available to each	43268
individual with mental retardation or other developmental	43269
disability who resides in the county and is eligible for such	43270
habilitation, vocational, or community employment services. The	43271
county board shall also make the list available to such	43272
individuals' families.	43273

An individual with mental retardation or other	43274
developmental disability who is eligible for habilitation,	43275
vocational, or community employment services may choose the	43276
provider of the services.	43277

If a county board has medicaid local administrative	43278
authority under division (A) of section 5126.055 of the Revised	43279
Code for habilitation, vocational, and community employment	43280
services provided as part of home and community-based services,	43281
the county board shall pay the nonfederal share of the	43282
habilitation, vocational, and community employment services when	43283
required by section 5126.056 of the Revised Code. The department	43284
of mental retardation and developmental disabilities shall pay the	43285
nonfederal share of such habilitation, vocational, and community	43286
employment services when required by section 5123.047 of the	43287
Revised Code.	43288

(B) Each month, the department of mental retardation and	43289
developmental disabilities shall create a list of all persons and	43290
government entities eligible to provide residential services and	43291
supported living. The department shall include on the list all	43292
residential facilities licensed under section 5123.19 of the	43293
Revised Code and all supported living providers certified under	43294
section 5126.431 of the Revised Code. The department shall	43295
distribute the monthly lists to county boards that have local	43296
administrative authority under division (A) of section 5126.055 of	43297
the Revised Code for residential services and supported living	43298
provided as part of home and community-based services. A county	43299
board that receives a list shall make it available to each	43300
individual with mental retardation or other developmental	43301
disability who resides in the county and is eligible for such	43302
residential services or supported living. The county board shall	43303
also make the list available to the families of those individuals.	43304

An individual who is eligible for residential services or	43305
supported living may choose the provider of the residential	43306
services or supported living.	43307

If a county board has medicaid local administrative	43308
authority under division (A) of section 5126.055 of the Revised	43309
Code for residential services and supported living provided as	43310
part of home and community-based services, the county board shall	43311
pay the nonfederal share of the residential services and supported	43312
living when required by section 5126.056 of the Revised Code. The	43313
department shall pay the nonfederal share of the residential	43314
services and supported living when required by section 5123.047 of	43315
the Revised Code.	43316

(C) If a county board that has medicaid local	43317
administrative authority under division (A) of section 5126.055 of	43318
the Revised Code for home and community-based services violates	43319
the right established by this section of an individual to choose a	43320
provider that is qualified and willing to provide services to the	43321
individual, the individual shall receive timely notice that the	43322
individual may request a hearing under section 5101.35 of the	43323
Revised Code.	43324

(D) The departments of mental retardation and developmental	43325
disabilities and job and family services shall adopt rules in	43326
accordance with Chapter 119. of the Revised Code governing the	43327
implementation of this section. The rules shall include	43328
procedures for individuals to choose their service providers. The	43329
rules shall not be limited by a provider selection system	43330
established under section 5126.42 of the Revised Code, including	43331
any pool of providers created pursuant to a provider selection	43332
system.	43333

Sec. 5126.05.  (A) Subject to the rules established by the	43334
director of mental retardation and developmental disabilities	43335
pursuant to Chapter 119. of the Revised Code for programs and	43336
services offered pursuant to this chapter, and subject to the	43337
rules established by the state board of education pursuant to	43338
Chapter 119. of the Revised Code for programs and services offered	43339
pursuant to Chapter 3323. of the Revised Code, the county board of	43340
mental retardation and developmental disabilities shall:	43341

(1) Administer and operate facilities, programs, and	43342
services as provided by this chapter and Chapter 3323. of the	43343
Revised Code and establish policies for their administration and	43344
operation;	43345

(2) Coordinate, monitor, and evaluate existing services and	43346
facilities available to individuals with mental retardation and	43347
developmental disabilities;	43348

(3) Provide early childhood services, supportive home	43349
services, and adult services, according to the plan and priorities	43350
developed under section 5126.04 of the Revised Code;	43351

(4) Provide or contract for special education services	43352
pursuant to Chapters 3317. and 3323. of the Revised Code and	43353
ensure that related services, as defined in section 3323.01 of the	43354
Revised Code, are available according to the plan and priorities	43355
developed under section 5126.04 of the Revised Code;	43356

(5) Adopt a budget, authorize expenditures for the purposes	43357
specified in this chapter and do so in accordance with section	43358
319.16 of the Revised Code, approve attendance of board members	43359
and employees at professional meetings and approve expenditures	43360
for attendance, and exercise such powers and duties as are	43361
prescribed by the director;	43362

(6) Submit annual reports of its work and expenditures,	43363
pursuant to sections 3323.09 and 5126.12 of the Revised Code, to	43364
the director, the superintendent of public instruction, and the	43365
board of county commissioners at the close of the fiscal year and	43366
at such other times as may reasonably be requested;	43367

(7) Authorize all positions of employment, establish	43368
compensation, including but not limited to salary schedules and	43369
fringe benefits for all board employees, approve contracts of	43370
employment for management employees that are for a term of more	43371
than one year, employ legal counsel under section 309.10 of the	43372
Revised Code, and contract for employee benefits;	43373

(8) Provide case management services, as defined in rules	43374
adopted by the director of mental retardation and developmental	43375
disabilities,service and support administration in accordance	43376
with section 5126.155126.046 of the Revised Code;	43377

(9) Certify respite care homes pursuant to rules adopted	43378
under section 5123.171 of the Revised Code by the director of	43379
mental retardation and developmental disabilities.	43380

(B) To the extent that rules adopted under this section	43381
apply to the identification and placement of handicapped children	43382
under Chapter 3323. of the Revised Code, they shall be consistent	43383
with the standards and procedures established under sections	43384
3323.03 to 3323.05 of the Revised Code.	43385

(C) Any county board may enter into contracts with other	43386
such boards and with public or private, nonprofit, or	43387
profit-making agencies or organizations of the same or another	43388
county, to provide the facilities, programs, and services	43389
authorized or required, upon such terms as may be agreeable, and	43390
in accordance with this chapter and Chapter 3323. of the Revised	43391
Code and rules adopted thereunder and in accordance with sections	43392
307.86 and 5126.071 of the Revised Code.	43393

(D) A county board may combine transportation for children	43394
and adults enrolled in programs and services offered under section	43395
5126.12 with transportation for children enrolled in classes	43396
funded under section 3317.20 or units approved under section	43397
3317.05 of the Revised Code.	43398

(E) A county board may purchase all necessary insurance	43399
policies, may purchase equipment and supplies through the	43400
department of administrative services or from other sources, and	43401
may enter into agreements with public agencies or nonprofit	43402
organizations for cooperative purchasing arrangements.	43403

(F) A county board may receive by gift, grant, devise, or	43404
bequest any moneys, lands, or property for the benefit of the	43405
purposes for which the board is established and hold, apply, and	43406
dispose of the moneys, lands, and property according to the terms	43407
of the gift, grant, devise, or bequest. All money received by	43408
gift, grant, bequest, or disposition of lands or property received	43409
by gift, grant, devise, or bequest shall be deposited in the	43410
county treasury to the credit of such board and shall be available	43411
for use by the board for purposes determined or stated by the	43412
donor or grantor, but may not be used for personal expenses of the	43413
board members. Any interest or earnings accruing from such gift,	43414
grant, devise, or bequest shall be treated in the same manner and	43415
subject to the same provisions as such gift, grant, devise, or	43416
bequest.	43417

(G) The board of county commissioners shall levy taxes and	43418
make appropriations sufficient to enable the county board of	43419
mental retardation and developmental disabilities to perform its	43420
functions and duties, and may utilize any available local, state,	43421
and federal funds for such purpose.	43422

Sec. 5126.051.  (A) To the extent that resources are	43423
available, a county board of mental retardation and developmental	43424
disabilities mayshall provide for or arrange residential services	43425
and supported living for individuals with mental retardation and	43426
developmental disabilities.	43427

A county board may acquire, convey, lease, or sell property	43428
for residential services and supported living and enter into loan	43429
agreements, including mortgages, for the acquisition of such	43430
property. A county board is not required to comply with	43431
provisions of Chapter 307. of the Revised Code providing for	43432
competitive bidding or sheriff sales in the acquisition, lease,	43433
conveyance, or sale of property under this division, but the	43434
acquisition, lease, conveyance, or sale must be at fair market	43435
value determined by appraisal of one or more disinterested persons	43436
appointed by the board.	43437

Any action taken by a county board under this division that	43438
will incur debt on the part of the county shall be taken in	43439
accordance with Chapter 133. of the Revised Code. A county board	43440
shall not incur any debt on the part of the county without the	43441
prior approval of the board of county commissioners.	43442

(B)(1) To the extent that resources are available, in	43443
addition to sheltered employment and work activities provided as	43444
adult services pursuant to division (A)(3) of section 5126.05 of	43445
the Revised Code, a county board of mental retardation and	43446
developmental disabilities may provide or arrange for job	43447
training, vocational evaluation, and community employment services	43448
to mentally retarded and developmentally disabled individuals who	43449
are age eighteen and older and not enrolled in a program or	43450
service under Chapter 3323. of the Revised Code or age sixteen or	43451
seventeen and eligible for adult services under rules adopted by	43452
the director of mental retardation and developmental disabilities	43453
under Chapter 119. of the Revised Code. These services shall be	43454
provided in accordance with the individual's individual service or	43455
habilitation plan and shall include support services specified in	43456
the plan.	43457

(2) A county board may, in cooperation with the Ohio	43458
rehabilitation services commission, seek federal funds for job	43459
training and community employment.	43460

(3) A county board may contract with any agency, board, or	43461
other entity that is accredited by the commission on accreditation	43462
of rehabilitation facilities to provide services. A county board	43463
that is accredited by the commission on accreditation of	43464
rehabilitation facilities may provide services for which it is	43465
certified by the commission.	43466

(C) To the extent that resources are available, a county	43467
board may provide services to an individual with mental	43468
retardation or other developmental disability in addition to those	43469
provided pursuant to this section, section 5126.05 of the Revised	43470
Code, or any other section of this chapter. The services shall be	43471
provided in accordance with the individual's habilitation or	43472
service plan and may be provided in collaboration with other	43473
entities of state or local government.	43474

Sec. 5126.053.  (A) As used in this section, "effective tax	43475
rate" has the same meaning as in section 5126.16 of the Revised	43476
Code.	43477

(B) Notwithstanding sections 5126.12 and 5126.15 of the	43478
Revised Code with regard to the distribution of state subsidies to	43479
county boards of mental retardation and developmental	43480
disabilities, the department of mental retardation and	43481
developmental disabilities shall, except as provided in division	43482
(D) of this section, reduce the funds provided under those	43483
sections to a county board in each year that the board, on the	43484
first day of January of that year, has an effective tax rate of	43485
less than one and one-half mills for general operations for	43486
programs under which the board provides or arranges the following:	43487

(1) Early childhood services pursuant to section 5126.05 of	43488
the Revised Code for children under age three;	43489

(2) Adult services pursuant to section 5126.05 and division	43490
(B) of section 5126.051 of the Revised Code for individuals age	43491
sixteen or older;	43492

(3) Case management servicesService and support	43493
administration pursuant to section 5126.15 of the Revised Code.	43494

(C) If a county board is subject to the reduction required	43495
by this section, payments to the county board under sections	43496
5126.12 and 5126.15 of the Revised Code shall be made in the same	43497
percentage that the board's effective tax rate is of one and	43498
one-half mills.	43499

(D) A county board subject to the reduction required by this	43500
section may appeal to the department for an exemption from the	43501
reduction. The board may present evidence of its attempts to	43502
obtain passage of levies and any other extenuating circumstances	43503
the board considers relevant. The department shall grant an	43504
exemption if it determines that the board has made good faith	43505
efforts to obtain an effective tax rate of at least one and	43506
one-half mills for general operations for programs under which the	43507
services described in division (B) of this section are provided	43508
and arranged or that there are extenuating circumstances.	43509

Sec. 5126.054.  (A) Each county board of mental retardation	43510
and developmental disabilities shall, by resolution, develop a	43511
three-calendar year plan that includes all of the following	43512
components:	43513

(1) An assessment component that includes all of the	43514
following:	43515

(a) The number of individuals with mental retardation or	43516
other developmental disability residing in the county who need the	43517
level of care provided by an intermediate care facility for the	43518
mentally retarded, may seek home and community-based services, are	43519
given priority for the services pursuant to division (D) of	43520
section 5126.042 of the Revised Code; the service needs of those	43521
individuals; and the projected annualized cost for services;	43522

(b) The source of funds available to the county board to pay	43523
the nonfederal share of medicaid expenditures that the county	43524
board is required by division (A) of section 5126.056 of the	43525
Revised Code to pay;	43526

(c) Any other applicable information or conditions that the	43527
department of mental retardation and developmental disabilities	43528
requires as a condition of approving the plan under section	43529
5123.046 of the Revised Code.	43530

(2) A component that provides for the recruitment,	43531
training, and retention of existing and new direct care staff	43532
necessary to implement services included in individualized service	43533
plans, including behavior management services and health	43534
management services such as delegated nursing and other	43535
habilitation center services, and protect the health and welfare	43536
of individuals receiving services included in the individual's	43537
individualized service plan by complying with safeguards for	43538
unusual and major unusual incidents, day-to-day program	43539
management, and other requirements the department shall identify.	43540
A county board shall develop this component in collaboration with	43541
providers of medicaid-funded services with which the county board	43542
contracts. A county board shall include all of the following in	43543
the component:	43544

(a) The source and amount of funds available for the	43545
component;	43546

(b) A plan and timeline for implementing the component with	43547
the medicaid providers under contract with the county board;	43548

(c) The mechanisms the county board shall use to ensure the	43549
financial and program accountability of the medicaid provider's	43550
implementation of the component.	43551

(3) A component that provides for the implementation of	43552
habilitation center services, medicaid case management services,	43553
and home and community-based services for individuals who begin to	43554
receive the services on or after the date the plan is approved	43555
under section 5123.046 of the Revised Code. A county board shall	43556
include all of the following in the component:	43557

(a) If the department of mental retardation and	43558
developmental disabilities or department of job and family	43559
services requires, an agreement to pay the nonfederal share of	43560
medicaid expenditures that the county board is required by	43561
division (A) of section 5126.056 of the Revised Code to pay;	43562

(b) How the services are to be phased in over the period	43563
the plan covers, including how the county board will serve	43564
individuals on a waiting list established under division (C) of	43565
section 5126.042 who are given priority status under division	43566
(D)(1) of that section;	43567

(c) Any agreement or commitment regarding the county	43568
board's funding of home and community-based services that the	43569
county board has with the department at the time the county board	43570
develops the component;	43571

(d) Assurances adequate to the department that the county	43572
board will comply with all of the following requirements:	43573

(i) To use any additional funds the county board receives	43574
for the services to improve the county board's resource	43575
capabilities for supporting such services available in the county	43576
at the time the component is developed and to expand the services	43577
to accommodate the unmet need for those services in the county;	43578

(ii) To employ a business manager who is either a new	43579
employee who has earned at least a bachelor's degree in business	43580
administration or a current employee who has the equivalent	43581
experience of a bachelor's degree in business administration. If	43582
the county board will employ a new employee, the county board	43583
shall include in the component a timeline for employing the	43584
employee.	43585

(iii) To employ or contract with a medicaid services	43586
manager who is either a new employee who has earned at least a	43587
bachelor's degree or a current employee who has the equivalent	43588
experience of a bachelor's degree. If the county board will	43589
employ a new employee, the county board shall include in the	43590
component a timeline for employing the employee. Two or three	43591
county boards that have a combined total enrollment in county	43592
board services not exceeding one thousand individuals as	43593
determined pursuant to certifications made under division (B) of	43594
section 5126.12 of the Revised Code may satisfy this requirement	43595
by sharing the services of a medicaid services manager or using	43596
the services of a medicaid services manager employed by or under	43597
contract with a regional council that the county boards establish	43598
under section 5126.13 of the Revised Code.	43599

(e) An agreement to comply with the method, developed by	43600
rules adopted under section 5123.0413 of the Revised Code, of	43601
paying for extraordinary costs, including extraordinary costs for	43602
services to individuals with mental retardation or other	43603
developmental disability, and ensuring the availability of	43604
adequate funds in the event a county property tax levy for	43605
services for individuals with mental retardation or other	43606
developmental disability fails;	43607

(f) Programmatic and financial accountability measures and	43608
projected outcomes expected from the implementation of the plan;	43609

(g) Any other applicable information or conditions that the	43610
department requires as a condition of approving the plan under	43611
section 5123.046 of the Revised Code.	43612

(B) For the purpose of obtaining the department's approval	43613
under section 5123.046 of the Revised Code of the plan the county	43614
board develops under division (A) of this section, a county board	43615
shall do both of the following:	43616

(1) Submit the components required by divisions (A)(1) and	43617
(2) of this section to the department not later than August 1,	43618
2001;	43619

(2) Submit the component required by division (A)(3) of	43620
this section to the department not later than November 1, 2001.	43621

(C) A county board whose plan developed under division (A)	43622
of this section is approved by the department under section	43623
5123.046 of the Revised Code shall update and renew the plan in	43624
accordance with a schedule the department shall develop.	43625

Sec. 5126.055.  (A) Except as provided in division (G) of	43626
this section, a county board of mental retardation and	43627
developmental disabilities with an approved plan under section	43628
5123.046 of the Revised Code has medicaid local administrative	43629
authority to, and shall, do all of the following for an individual	43630
with mental retardation or other developmental disability who	43631
resides in the county that the county board serves and seeks or	43632
receives home and community-based services:	43633

(1) Perform assessments and evaluations of the individual.	43634
As part of the assessment and evaluation process, the county board	43635
shall do all of the following:	43636

(a) Make a recommendation to the department of mental	43637
retardation and developmental disabilities on whether the	43638
department should approve or deny the individual's application for	43639
the services, including on the basis of whether the individual	43640
needs the level of care an intermediate care facility for the	43641
mentally retarded provides;	43642

(b) If the individual's application is denied because of the	43643
county board's recommendation and the individual requests a	43644
hearing under section 5101.35 of the Revised Code, present, with	43645
the department of mental retardation and developmental	43646
disabilities or department of job and family services, whichever	43647
denies the application, the reasons for the recommendation and	43648
denial at the hearing;	43649

(c) If the individual's application is approved, recommend	43650
to the departments of mental retardation and developmental	43651
disabilities and job and family services the services that should	43652
be included in the individual's individualized service plan and,	43653
if either department approves, reduces, denies, or terminates a	43654
service included in the individual's individualized service plan	43655
under section 5111.871 of the Revised Code because of the county	43656
board's recommendation, present, with the department that made the	43657
approval, reduction, denial, or termination, the reasons for the	43658
recommendation and approval, reduction, denial, or termination at	43659
a hearing under section 5101.35 of the Revised Code.	43660

(2) If the individual has been identified by the department	43661
of mental retardation and developmental disabilities as an	43662
individual to receive priority for home and community-based	43663
services pursuant to division (D)(3) of section 5126.042 of the	43664
Revised Code, assist the department in expediting the transfer of	43665
the individual from an intermediate care facility for the mentally	43666
retarded or nursing facility to the home and community-based	43667
services;	43668

(3) In accordance with the rules adopted under section	43669
5126.046 of the Revised Code, perform the county board's duties	43670
under that section regarding assisting the individual's right to	43671
choose a qualified and willing provider of the services and, at a	43672
hearing under section 5101.35 of the Revised Code, present	43673
evidence of the process for appropriate assistance in choosing	43674
providers;	43675

(4) Unless the county board provides the services under	43676
division (A)(5) of this section, contract with the person or	43677
government entity the individual chooses in accordance with	43678
section 5126.046 of the Revised Code to provide the services if	43679
the person or government entity is qualified and agrees to provide	43680
the services. The contract shall contain all the provisions	43681
required by section 5126.057 of the Revised Code and require the	43682
provider to agree to furnish, in accordance with the provider's	43683
medicaid provider agreement and for the authorized reimbursement	43684
rate, the services the individual requires.	43685

(5) If the county board is certified under section 5123.045	43686
of the Revised Code to provide the services and agrees to provide	43687
the services to the individual and the individual chooses the	43688
county board to provide the services, furnish, in accordance with	43689
the county board's medicaid provider agreement and for the	43690
authorized reimbursement rate, the services the individual	43691
requires;	43692

(6) Monitor the services provided to the individual and	43693
ensure the individual's health, safety, and welfare. The	43694
monitoring shall include quality assurance activities. If the	43695
county board provides the services, the department of mental	43696
retardation and developmental disabilities shall also monitor the	43697
services.	43698

(7) Develop, with the individual and the provider of the	43699
individual's services, an effective individualized service plan	43700
that includes coordination of services, recommend that the	43701
departments of mental retardation and developmental disabilities	43702
and job and family services approve the plan, and implement the	43703
plan unless either department disapproves it;	43704

(8) Have an investigative agent conduct investigations under	43705
section 5126.313 of the Revised Code that concern the individual;	43706

(9) Have a service and support administrator perform the	43707
duties under division (B)(9) of section 5126.15 of the Revised	43708
Code that concern the individual.	43709

(B) Except as provided in division (G) of this section, a	43710
county board with an approved plan under section 5123.046 of the	43711
Revised Code has medicaid local administrative authority to, and	43712
shall, do all of the following for an individual with mental	43713
retardation or other developmental disability who resides in the	43714
county that the county board serves and seeks or receives medicaid	43715
case management services or habilitation center services, other	43716
than habilitation center services for which a school district is	43717
required by division (E) of section 5111.041 of the Revised Code	43718
to pay the nonfederal share:	43719

(1) Perform assessments and evaluations of the individual	43720
for the purpose of recommending to the departments of mental	43721
retardation and developmental disabilities and job and family	43722
services the services that should be included in the individual's	43723
individualized service plan;	43724

(2) If the department of mental retardation and	43725
developmental disabilities or department of job and family	43726
services approves, reduces, denies, or terminates a service	43727
included in the individual's individualized service plan under	43728
section 5111.041 or 5111.042 of the Revised Code because of the	43729
county board's recommendation under division (B)(1) of this	43730
section, present, with the department that made the approval,	43731
reduction, denial, or termination, the reasons for the	43732
recommendation and approval, reduction, denial, or termination at	43733
a hearing under section 5101.35 of the Revised Code and inform the	43734
individual that the individual may file a complaint with the	43735
county board under section 5126.06 of the Revised Code at the same	43736
time the individual pursues an appeal under section 5101.35 of the	43737
Revised Code;	43738

(3) In accordance with rules the departments of mental	43739
retardation and developmental disabilities and job and family	43740
services shall adopt in accordance with Chapter 119. of the	43741
Revised Code governing the process for individuals to choose	43742
providers of medicaid case management services and habilitation	43743
center services, assist the individual in choosing the provider of	43744
the services. The rules shall provide for both of the following:	43745

(a) The county board providing the individual up-to-date	43746
information about qualified providers that the department of	43747
mental retardation and developmental disabilities shall make	43748
available to the county board;	43749

(b) If the individual chooses a provider who is qualified	43750
and willing to provide the services but is denied that provider,	43751
the individual receiving timely notice that the individual may	43752
request a hearing under section 5101.35 of the Revised Code and,	43753
at the hearing, the county board presenting evidence of the	43754
process for appropriate assistance in choosing providers.	43755

(4) Unless the county board provides the services under	43756
division (B)(5) of this section, contract with the person or	43757
government entity that the individual chooses in accordance with	43758
the rules adopted under division (B)(3) of this section to provide	43759
the services if the person or government entity is qualified and	43760
agrees to provide the services. The contract shall contain all	43761
the provisions required by section 5126.057 of the Revised Code	43762
and require the provider to agree to furnish, in accordance with	43763
the provider's medicaid provider agreement and for the authorized	43764
reimbursement rate, the services the individual requires.	43765

(5) If the county board is certified under section 5123.041	43766
of the Revised Code to provide the services and agrees to provide	43767
the services to the individual and the individual chooses the	43768
county board to provide the services, furnish, in accordance with	43769
the county board's medicaid provider agreement and for the	43770
authorized reimbursement rate, the services the individual	43771
requires;	43772

(6) Monitor the services provided to the individual. The	43773
monitoring shall include quality assurance activities. If the	43774
county board provides the services, the department of mental	43775
retardation and developmental disabilities shall also monitor the	43776
services.	43777

(7) Develop with the individual and the provider of the	43778
individual's services, and with the approval of the departments of	43779
mental retardation and developmental disabilities and job and	43780
family services, implement an effective plan for coordinating the	43781
services in accordance with the individual's approved	43782
individualized service plan;	43783

(8) Have an investigative agent conduct investigations under	43784
section 5126.313 of the Revised Code that concern the individual;	43785

(9) Have a service and support administrator perform the	43786
duties under division (B)(9) of section 5126.15 of the Revised	43787
Code that concern the individual.	43788

(C) A county board shall perform its medicaid local	43789
administrative authority under this section in accordance with all	43790
of the following:	43791

(1) The county board's plan that the department of mental	43792
retardation and developmental disabilities approves under section	43793
5123.046 of the Revised Code;	43794

(2) All applicable federal and state laws;

43795

(3) All applicable policies of the departments of mental	43796
retardation and developmental disabilities and job and family	43797
services and the United States department of health and human	43798
services;	43799

(4) The department of job and family services' supervision	43800
under its authority under section 5111.01 of the Revised Code to	43801
act as the single state medicaid agency;	43802

(5) The department of mental retardation and developmental	43803
disabilities' oversight.	43804

(D) The departments of mental retardation and developmental	43805
disabilities and job and family services shall communicate with	43806
and provide training to county boards regarding medicaid local	43807
administrative authority granted by this section. The	43808
communication and training shall include issues regarding audit	43809
protocols and other standards established by the United States	43810
department of health and human services that the departments	43811
determine appropriate for communication and training. County	43812
boards shall participate in the training. The departments shall	43813
assess the county board's compliance against uniform standards	43814
that the departments shall establish.	43815

(E) A county board may not delegate its medicaid local	43816
administrative authority granted under this section but may	43817
contract with a person or government entity, including a council	43818
of governments, for assistance with its medicaid local	43819
administrative authority. A county board that enters into such a	43820
contract shall notify the director of mental retardation and	43821
developmental disabilities. The notice shall include the tasks	43822
and responsibilities that the contract gives to the person or	43823
government entity. The person or government entity shall comply	43824
in full with all requirements to which the county board is subject	43825
regarding the person or government entity's tasks and	43826
responsibilities under the contract. The county remains	43827
ultimately responsible for the tasks and responsibilities.	43828

(F) A county board that has medicaid local administrative	43829
authority under this section shall, through the departments of	43830
mental retardation and developmental disabilities and job and	43831
family services, reply to, and cooperate in arranging compliance	43832
with, a program or fiscal audit or program violation exception	43833
that a state or federal audit or review discovers. The department	43834
of job and family services shall timely notify the department of	43835
mental retardation and developmental disabilities and the county	43836
board of any adverse findings. After receiving the notice, the	43837
county board, in conjunction with the department of mental	43838
retardation and developmental disabilities, shall cooperate fully	43839
with the department of job and family services and timely prepare	43840
and send to the department a written plan of correction or	43841
response to the adverse findings. The county board is liable for	43842
any adverse findings that result from an action it takes or fails	43843
to take in its implementation of medicaid local administrative	43844
authority.	43845

(G)(1) If the department of mental retardation and	43846
developmental disabilities or department of job and family	43847
services determines that a county board's implementation of its	43848
medicaid local administrative authority under this section is	43849
deficient, the department that makes the determination shall	43850
require that county board do the following:	43851

(a) If the deficiency affects the health, safety, or	43852
welfare of an individual with mental retardation or other	43853
developmental disability, correct the deficiency within	43854
twenty-four hours;	43855

(b) If the deficiency does not affect the health, safety,	43856
or welfare of an individual with mental retardation or other	43857
developmental disability, receive technical assistance from the	43858
department or submit a plan of correction to the department that	43859
is acceptable to the department within sixty days and correct the	43860
deficiency within the time required by the plan of correction.	43861

(2) If the county board fails to correct a deficiency	43862
within the time required by division (G)(1) of this section to the	43863
satisfaction of the department, or submit an acceptable plan of	43864
correction within the time required by division (G)(1)(b) of this	43865
section, the department shall issue an order terminating the	43866
county board's medicaid local administrative authority over all or	43867
part of home and community-based services, medicaid managed care	43868
services, habilitation center services, all or part of two of	43869
those services, or all or part of all three of those services. The	43870
department shall provide a copy of the order to the board of	43871
county commissioners, probate judge, county auditor, and president	43872
and superintendent of the county board. The department shall	43873
specify in the order the medicaid local administrative authority	43874
that the department is terminating, the reason for the	43875
termination, and the county board's option and responsibilities	43876
under this division.	43877

A county board whose medicaid local administrative authority	43878
is terminated may, no later than thirty days after the department	43879
issues the termination order, recommend to the department that	43880
another county board that has not had any of its medicaid local	43881
administrative authority terminated or another entity the	43882
department approves administer the services for which the county	43883
board's medicaid local administrative authority is terminated. The	43884
department may contract with the other county board or entity to	43885
administer the services. If the department enters into such a	43886
contract, the county board shall adopt a resolution giving the	43887
other county board or entity full medicaid local administrative	43888
authority over the services that the other county board or entity	43889
is to administer. The other county board or entity shall be known	43890
as the contracting authority.	43891

If the county board does not submit a recommendation to the	43892
department regarding a contracting authority within the required	43893
time or the department rejects the county board's recommendation,	43894
the department shall appoint an administrative receiver to	43895
administer the services for which the county board's medicaid	43896
local administrative authority is terminated. To the extent	43897
necessary for the department to appoint an administrative	43898
authority, the department may utilize employees of the department,	43899
management personnel from another county board, or other	43900
individuals who are not employed by or affiliated with in any	43901
manner a person or government entity that provides home and	43902
community-based services, medicaid case management services, or	43903
habilitation center services pursuant to a contract with any	43904
county board. The administrative receiver shall assume full	43905
administrative responsibility for the county board's services for	43906
which the county board's medicaid local administrative authority	43907
is terminated.	43908

The contracting authority or administrative receiver shall	43909
develop and submit to the department a plan of correction to	43910
remediate the problems that caused the department to issue the	43911
termination order. If, after reviewing the plan, the department	43912
approves it, the contracting authority or administrative receiver	43913
shall implement the plan.	43914

The county board shall transfer control of state and federal	43915
funds it is otherwise eligible to receive for the services for	43916
which the county board's medicaid local administrative authority	43917
is terminated and funds the county board may use under division	43918
(B) of section 5126.056 of the Revised Code to pay the nonfederal	43919
share of the services that the county board is required by	43920
division (A) of that section to pay. The county board shall	43921
transfer control of the funds to the contracting authority or	43922
administrative receiver administering the services. The amount	43923
the county board shall transfer shall be the amount necessary for	43924
the contracting authority or administrative receiver to fulfill	43925
its duties in administering the services, including its duties to	43926
pay its personnel for time worked, travel, and related matters. If	43927
the county board fails to make the transfer, the department may	43928
withhold the state and federal funds from the county board and	43929
bring a mandamus action against the county board in the court of	43930
common pleas of the county served by the county board or in the	43931
Franklin county court of common pleas. The mandamus action may not	43932
require that the county board transfer any funds other than the	43933
funds the county board is required by division (G)(2) of this	43934
section to transfer.	43935

The contracting authority or administrative receiver has the	43936
right to authorize the payment of bills in the same manner that	43937
the county board may authorize payment of bills under this chapter	43938
and section 319.16 of the Revised Code.	43939

Sec. 5126.056. (A) A county board of mental retardation and	43940
developmental disabilities that has medicaid local administrative	43941
authority under division (A) of section 5126.055 of the Revised	43942
Code for home and community-based services shall pay the	43943
nonfederal share of medicaid expenditures for such services	43944
provided to an individual with mental retardation or other	43945
developmental disability who the county board determines under	43946
section 5126.041 of the Revised Code is eligible for county board	43947
services unless division (C)(2) of section 5123.047 of the Revised	43948
Code requires the department of mental retardation and	43949
developmental disabilities to pay the nonfederal share.	43950

A county board that has medicaid local administrative	43951
authority under division (B) of section 5126.055 of the Revised	43952
Code for medicaid case management services shall pay the	43953
nonfederal share of medicaid expenditures for such services	43954
provided to an individual with mental retardation or other	43955
developmental disability who the county board determines under	43956
section 5126.041 of the Revised Code is eligible for county board	43957
services unless division (B)(2) of section 5123.047 of the Revised	43958
Code requires the department of mental retardation and	43959
developmental disabilities to pay the nonfederal share.	43960

A county board shall pay the nonfederal share of medicaid	43961
expenditures for habilitation center services when required to do	43962
so by division (D) of section 5111.041 of the Revised Code.	43963

(B) A county board may use the following funds to pay the	43964
nonfederal share of the services that the county board is required	43965
by division (A) of this section to pay:	43966

(1) To the extent consistent with the levy that generated	43967
the taxes, the following taxes:	43968

(a) Taxes levied pursuant to division (L) of section 5705.19	43969
of the Revised Code and section 5705.222 of the Revised Code;	43970

(b) Taxes levied under section 5705.191 of the Revised Code	43971
that the board of county commissioners allocates to the county	43972
board to pay the nonfederal share of the services.	43973

(2) Funds that the department of mental retardation and	43974
developmental disabilities distributes to the county board under	43975
sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the	43976
Revised Code;	43977

(3) Funds that the department allocates to the county board	43978
for habilitation center services provided under section 5111.041	43979
of the Revised Code;	43980

(4) Earned federal revenue funds the county board receives	43981
for medicaid services the county board provides pursuant to the	43982
county board's valid medicaid provider agreement.	43983

(C) If by December 31, 2001, the United States secretary of	43984
health and human services approves at least five hundred more	43985
slots for home and community-based services for calendar year 2002	43986
than were available for calendar year 2001, each county board	43987
shall provide, by the last day of calendar year 2001, assurances	43988
to the department of mental retardation and developmental	43989
disabilities that the county board will have for calendar year	43990
2002 at least one-third of the value of one-half, effective mill	43991
levied in the county the preceding year available to pay the	43992
nonfederal share of the services that the county board is required	43993
by division (A) of this section to pay.	43994

If by December 31, 2002, the United States secretary approves	43995
at least five hundred more slots for home and community-based	43996
services for calendar year 2003 than were available for calendar	43997
year 2002, each county board shall provide, by the last day of	43998
calendar year 2002, assurances to the department that the county	43999
board will have for calendar year 2003 at least two-thirds of the	44000
value of one-half, effective mill levied in the county the	44001
preceding year available to pay the nonfederal share of the	44002
services that the county board is required by division (A) of this	44003
section to pay.	44004

If by December 31, 2003, the United States secretary approves	44005
at least five hundred more slots for home and community-based	44006
services for calendar year 2004 than were available for calendar	44007
year 2003, each county board shall provide, by the last day of	44008
calendar year 2003 and each calendar year thereafter, assurances	44009
to the department that the county board will have for calendar	44010
year 2004 and each calendar year thereafter at least the value of	44011
one-half, effective mill levied in the county the preceding year	44012
available to pay the nonfederal share of the services that the	44013
county board is required by division (A) of this section to pay.	44014

(D) Each year, each county board shall adopt a resolution	44015
specifying the amount of funds it will use in the next year to pay	44016
the nonfederal share of the services that the county board is	44017
required by division (A) of this section to pay. The amount	44018
specified shall be adequate to assure that the services will be	44019
available in the county in a manner that conforms to all	44020
applicable state and federal laws. A county board shall state in	44021
its resolution that the payment of the nonfederal share represents	44022
an ongoing financial commitment of the county board. A county	44023
board shall adopt the resolution in time for the county auditor to	44024
make the determination required by division (E) of this section.	44025

(E) Each year, a county auditor shall determine whether the	44026
amount of funds a county board specifies in the resolution it	44027
adopts under division (D) of this section will be available in the	44028
following year for the county board to pay the nonfederal share of	44029
the services that the county board is required by division (A) of	44030
this section to pay. The county auditor shall make the	44031
determination not later than the last day of the year before the	44032
year in which the funds are to be used.	44033

Sec. 5126.06.  (A) Except as provided in division (B) of	44034
this section and section 5126.035 of the Revised Code, any person	44035
who has a complaint involving any of the programs, services,	44036
policies, or administrative practices of a county board of mental	44037
retardation and developmental disabilities or any of the entities	44038
under contract with the county board, may file a complaint with	44039
the board. Prior to commencing a civil action regarding the	44040
complaint, a person shall attempt to have the complaint resolved	44041
through the administrative resolution process established in the	44042
rules adopted under section 5123.043 of the Revised Code. After	44043
exhausting the administrative resolution process, the person may	44044
commence a civil action if the complaint is not settled to the	44045
person's satisfaction.	44046

(B) An employee of a county board may not file under this	44047
section a complaint related to the terms and conditions of	44048
employment of the employee.	44049

Sec. 5126.071.  (A) As used in this section, "minority	44050
business enterprise" has the meaning given in division (E)(1) of	44051
section 122.71 of the Revised Code.	44052

(B) Any minority business enterprise that desires to bid on	44053
a contract under division (C) or (D) of this section shall first	44054
apply to the equal employment opportunity coordinator in the	44055
department of administrative services for certification as a	44056
minority business enterprise. The coordinator shall approve the	44057
application of any minority business enterprise that complies with	44058
the rules adopted under section 122.71 of the Revised Code. The	44059
coordinator shall prepare and maintain a list of minority business	44060
enterprises certified under this section.	44061

(C) From the contracts to be awarded for the purchases of	44062
equipment, materials, supplies, insurance, and nonprogram	44063
services, other than contracts entered into and exempt under	44064
sections 307.86 and 5126.05 of the Revised Code, each county board	44065
of mental retardation and developmental disabilities shall select	44066
a number of contracts with an aggregate value of approximately	44067
fifteen per cent of the total estimated value of such contracts to	44068
be awarded in the current calendar year. The board shall set	44069
aside the contracts so selected for bidding by minority business	44070
enterprises only. The bidding procedures for such contracts shall	44071
be the same as for all other contracts awarded under section	44072
307.86 of the Revised Code, except that only minority business	44073
enterprises certified and listed under division (B) of this	44074
section shall be qualified to submit bids. Contracts set aside and	44075
awarded under this section shall not include contracts for the	44076
purchase of program services such as direct and ancillary	44077
services, or case managementservice and support administration,	44078
residential services, and family resourcesupport services.	44079

(D) To the extent that a board is authorized to enter into	44080
contracts for construction which are not exempt from the	44081
competitive bidding requirements of section 307.86 of the Revised	44082
Code, the board shall set aside a number of contracts the	44083
aggregate value of which equals approximately five per cent of the	44084
aggregate value of construction contracts for the current calendar	44085
year for bidding by minority business enterprises only. The	44086
bidding procedures for the contracts set aside for minority	44087
business enterprises shall be the same as for all other contracts	44088
awarded by the board, except that only minority business	44089
enterprises certified and listed under division (B) of this	44090
section shall be qualified to submit bids.	44091

Any contractor awarded a construction contract pursuant to	44092
this section shall make every effort to ensure that certified	44093
minority business subcontractors and materialmenmaterials	44094
suppliers participate in the contract. In the case of contracts	44095
specified in this division, the total value of subcontracts	44096
awarded to and materials and services purchased from minority	44097
businesses shall be at least ten per cent of the total value of	44098
the contract, wherever posssiblepossible and whenever the	44099
contractor awards subcontracts or purchases materials or services.	44100

(E) In the case of contracts set aside under divisions (C)	44101
and (D) of this section, if no bid is submitted by a minority	44102
business enterprise, the contract shall be awarded according to	44103
normal bidding procedures. The board shall from time to time set	44104
aside such additional contracts as are necessary to replace those	44105
contracts previously set aside on which no minority business	44106
enterprise bid.	44107

(F) This section does not preclude any minority business	44108
enterprise from bidding on any other contract not specifically set	44109
aside for minority business enterprises.	44110

(G) Within ninety days after the beginning of each calendar	44111
year, each county board of mental retardation and developmental	44112
disabilities shall file a report with the department of mental	44113
retardation and developmental disabilities that shows for that	44114
calendar year the name of each minority business enterprise with	44115
which the board entered into a contract, the value and type of	44116
each such contract, the total value of contracts awarded under	44117
divisions (C) and (D) of this section, the total value of	44118
contracts awarded for the purchases of equipment, materials,	44119
supplies, or services, other than contracts entered into under the	44120
exemptions of sections 307.86 and 5126.05 of the Revised Code, and	44121
the total value of contracts entered into for construction.	44122

(H) Any person who intentionally misrepresents himselfthat	44123
person as owning, controlling, operating, or participating in a	44124
minority business enterprise for the purpose of obtaining	44125
contracts or any other benefits under this section shall be guilty	44126
of theft by deception as provided for in section 2913.02 of the	44127
Revised Code.	44128

Sec. 5126.08.  (A) The director of mental retardation and	44129
developmental disabilities shall adopt rules in accordance with	44130
Chapter 119. of the Revised Code for all programs and services	44131
offered by a county board of mental retardation and developmental	44132
disabilities. Such rules shall include, but are not limited to,	44133
the following:	44134

(1) Determination of what constitutes a program or service;

44135

(2) Standards to be followed by a board in administering,	44136
providing, arranging, or operating programs and services;	44137

(3) Standards for determining the nature and degree of	44138
mental retardation, including mild mental retardation, or	44139
developmental disability;	44140

(4) Standards for determining eligibility for programs and	44141
services under sections 5126.042 and 5126.15 of the Revised Code;	44142

(5) Procedures for obtaining consent for the arrangement of	44143
services under section 5126.31 of the Revised Code and for	44144
obtaining signatures on individual service plans under that	44145
section;	44146

(6) Specification of the case management servicesservice	44147
and support administration to be provided by a county board and	44148
standards for resolving grievances in connection with case	44149
management servicesservice and support administration;	44150

(7) Standards for the provision of environmental	44151
modifications, including standards that require adherence to all	44152
applicable state and local building codes;	44153

(8) Standards for the provision of specialized medical,	44154
adaptive, and assistive equipment, supplies, and supports.	44155

(B) The director shall be the final authority in determining	44156
the nature and degree of mental retardation or developmental	44157
disability.	44158

Sec. 5126.11.  (A) As used in this section, "respite care"	44159
means appropriate, short-term, temporary care that is provided to	44160
a mentally retarded or developmentally disabled person to sustain	44161
the family structure or to meet planned or emergency needs of the	44162
family.	44163

(B) Subject to rules adopted by the director of mental	44164
retardation and developmental disabilities, and subject to the	44165
availability of money from state and federal sources, the county	44166
board of mental retardation and developmental disabilities shall	44167
establish a family support services program. Under such a	44168
program, the board shall make payments to an individual with	44169
mental retardation or other developmental disability or the family	44170
of an individual with mental retardation or other developmental	44171
disability who desires to remain in and be supported in the family	44172
home. Payments shall be made for all or part of costs incurred or	44173
estimated to be incurred for services that would promote	44174
self-sufficiency and normalization, prevent or reduce	44175
inappropriate institutional care, and further the unity of the	44176
family by enabling the family to meet the special needs of the	44177
individual and to live as much like other families as possible.	44178
Payments may be made in the form of reimbursement for expenditures	44179
or in the form of vouchers to be used to purchase services.	44180

(C) Payment shall not be made under this section to an	44181
individual or the individual's family if the individual is living	44182
in a residential facility that is providing residential services	44183
under contract with the department of mental retardation and	44184
developmental disabilities or a county board.	44185

(D) Payments may be made for the following services:

44186

(1) Respite care, in or out of the home;

44187

(2) Counseling, supervision, training, and education forof	44188
the individual, the individual's caregivers, and members of the	44189
individual's family that aid the family in providing proper care	44190
for the individual and, provide for the special needs of the	44191
family, and assist in all aspects of the individual's daily	44192
living;	44193

(3) Special diets, purchase or lease of special equipment,	44194
or modifications of the home, if such diets, equipment, or	44195
modifications are necessary to improve or facilitate the care and	44196
living environment of the individual;	44197

(4) Providing support necessary for the individual's	44198
continued skill development, including such services as	44199
development of interventions to cope with unique problems that may	44200
occur within the complexity of the family, enrollment of the	44201
individual in special summer programs, provision of appropriate	44202
leisure activities, and other social skills development	44203
activities;	44204

(5) Any other services that are consistent with the purposes	44205
specified in division (B) of this section and specified in the	44206
individual's service plan.	44207

(E) In order to be eligible for payments under a family	44208
support services program, the individual or the individual's	44209
family must reside in the county served by the county board, and	44210
the individual must be in need of habilitation. Payments shall be	44211
adjusted for income in accordance with the payment schedule	44212
established in rules adopted under this section. Payments shall	44213
be made only after the county board has taken into account all	44214
other available assistance for which the individual or family is	44215
eligible.	44216

(F) Before incurring expenses for a service for which	44217
payment will be sought under a family support services program,	44218
the individual or family shall apply to the county board for a	44219
determination of eligibility and approval of the service. The	44220
service need not be provided in the county served by the county	44221
board. After being determined eligible and receiving approval for	44222
the service, the individual or family may incur expenses for the	44223
service or use the vouchers received from the county board for the	44224
purchase of the service.	44225

If the county board refuses to approve a service, an appeal	44226
may be made in accordance with rules adopted by the department	44227
under this section.	44228

(G) To be reimbursed for expenses incurred for approved	44229
services, the individual or family shall submit to the county	44230
board a statement of the expenses incurred accompanied by any	44231
evidence required by the board. To redeem vouchers used to	44232
purchase approved services, the entity that provided the service	44233
shall submit to the county board evidence that the service was	44234
provided and a statement of the charges. The county board shall	44235
make reimbursements and redeem vouchers no later than forty-five	44236
days after it receives the statements and evidence required by	44237
this division.	44238

(H) A county board shall consider the following objectives	44239
in carrying out a family support services program:	44240

(1) Enabling individuals to return to their families from an	44241
institution under the jurisdiction of the department of mental	44242
retardation and developmental disabilities;	44243

(2) Enabling individuals found to be subject to	44244
institutionalization by court order under section 5123.76 of the	44245
Revised Code to remain with their families with the aid of	44246
payments provided under this section;	44247

(3) Providing services to eligible children and adults	44248
currently residing in the community;	44249

(4) Providing services to individuals with developmental	44250
disabilities who are not receiving other services from the board.	44251

(I) The director shall adopt, and may amend and rescind,	44252
rules for the implementation of family support services programs	44253
by county boards. Such rules shall include the following:	44254

(1) A payment schedule adjusted for income;

44255

(2) A formula for distributing to county boards the money	44256
appropriated for family support services;	44257

(3) Standards for supervision, training, and quality control	44258
in the provision of respite care services;	44259

(4) Eligibility standards and procedures for providing	44260
temporary emergency respite care;	44261

(5) Procedures for hearing and deciding appeals made under	44262
division (F) of this section;	44263

(6) Requirements to be followed by county boards regarding	44264
reports submitted under division (K) of this section.	44265

Rules adopted under divisions (I)(1) and (2) of this section	44266
shall be adopted in accordance with section 111.15 of the Revised	44267
Code. Rules adopted under divisions (I)(3) to (6) of this section	44268
shall be adopted in accordance with Chapter 119. of the Revised	44269
Code.	44270

(J) All individuals certified by the superintendent of the	44271
county board as eligible for temporary emergency respite care in	44272
accordance with rules adopted under this section shall be	44273
considered eligible for temporary emergency respite care for not	44274
more than five days to permit the determination of eligibility for	44275
family support services. The requirements of divisions (E) and	44276
(F) of this section do not apply to temporary emergency respite	44277
care.	44278

(K) On the first day of July of each year, the department of	44279
mental retardation and developmental disabilities shall distribute	44280
to county boards money appropriated for family support services. A	44281
county board shall use no more than seven per cent of the funds	44282
for administrative costs. Each county board shall submit reports	44283
to the department on payments made under this section. The	44284
reports shall be submitted at those times and in the manner	44285
specified in rules adopted under this section.	44286

(L) The county board shall not be required to make payments	44287
for family support services at a level that exceeds available	44288
state and federal funds for such payments.	44289

Sec. 5126.12.  (A) As used in this section:

44290

(1) "Approved school age unitclass" means a class or unit	44291
operated by a county board of mental retardation and developmental	44292
disabilities and approvedfunded by the state boarddepartment of	44293
education under division (D) of section 3317.053317.20 of the	44294
Revised Code.	44295

(2) "Approved preschool unit" means a class or unit operated	44296
by a county board of mental retardation and developmental	44297
disabilities and approved by the state board of education under	44298
division (B) of section 3317.05 of the Revised Code.	44299

(3) "Active treatment" means a continuous treatment program,	44300
which includes aggressive, consistent implementation of a program	44301
of specialized and generic training, treatment, health services,	44302
and related services, that is directed toward the acquisition of	44303
behaviors necessary for an individual with mental retardation or	44304
other developmental disability to function with as much	44305
self-determination and independence as possible and toward the	44306
prevention of deceleration, regression, or loss of current optimal	44307
functional status.	44308

(4) "Eligible for active treatment" means that an individual	44309
with mental retardation or other developmental disability resides	44310
in an intermediate care facility for the mentally retarded	44311
certified under Title XIX of the "Social Security Act," 49 Stat.	44312
620 (1935), 42 U.S.C. 301, as amended; resides in a state	44313
institution operated by the department of mental retardation and	44314
developmental disabilities; or is enrolled in a home and	44315
community-based services waiver program administered by the	44316
department of mental retardation and developmental disabilities as	44317
part of the medical assistance program established under section	44318
5111.01 of the Revised Code.	44319

(5) "Community alternative funding system" means the program	44320
under which habilitation center services are reimbursed under the	44321
medical assistancemedicaid program pursuant to section 5111.041	44322
of the Revised Code and rules adopted under that section.	44323

(6) "Community employment program" means community employment	44324
services provided outside of a sheltered workshop setting under	44325
which the person earns competitive wages for the performance of	44326
work.	44327

(7) "Traditional adult services" means vocational and	44328
nonvocational activities conducted within a sheltered workshop or	44329
adult activity center or supportive home services.	44330

(B) Each county board of mental retardation and	44331
developmental disabilities shall certify to the director of mental	44332
retardation and developmental disabilities all of the following:	44333

(1) On or before the fifteenth day of October, the average	44334
daily membership for the first full week of programs and services	44335
during October receiving:	44336

(a) Early childhood services provided pursuant to section	44337
5126.05 of the Revised Code for children who are less than three	44338
years of age on the thirtieth day of September of the academic	44339
year;	44340

(b) Special education for handicapped children in approved	44341
school age unitsclasses;	44342

(c) Adult services for persons sixteen years of age and	44343
older operated pursuant to section 5126.05 and division (B) of	44344
section 5126.051 of the Revised Code. Separate counts shall be	44345
made for the following:	44346

(i) Persons enrolled in traditional adult services who are	44347
eligible for but not enrolled in active treatment under the	44348
community alternative funding system;	44349

(ii) Persons enrolled in traditional adult services who are	44350
eligible for and enrolled in active treatment under the community	44351
alternative funding system;	44352

(iii) Persons enrolled in traditional adult services but who	44353
are not eligible for active treatment under the community	44354
alternative funding system;	44355

(iv) Persons participating in community employment services.	44356
To be counted as participating in community employment services, a	44357
person must have spent an average of no less than ten hours per	44358
week in that employment during the preceding six months.	44359

(d) Other programs in the county for individuals with mental	44360
retardation and developmental disabilities that have been approved	44361
for payment of subsidy by the department of mental retardation and	44362
developmental disabilities.	44363

The membership in each such program and service in the county	44364
shall be reported on forms prescribed by the department of mental	44365
retardation and developmental disabilities.	44366

The department of mental retardation and developmental	44367
disabilities shall adopt rules defining full-time equivalent	44368
enrollees and for determining the average daily membership	44369
therefrom, except that certification of average daily membership	44370
in approved school age unitsclasses shall be in accordance with	44371
rules adopted by the state board of education. The average daily	44372
membership figure shall be determined by dividing the amount	44373
representing the sum of the number of enrollees in each program or	44374
service in the week for which the certification is made by the	44375
number of days the program or service was offered in that week. No	44376
enrollee may be counted in average daily membership for more than	44377
one program or service.	44378

(2) By the fifteenth day of December, the number of children	44379
enrolled in approved preschool units on the first day of December;	44380

(3) On or before the thirtieth day of March, an itemized	44381
report of all income and operating expenditures for the	44382
immediately preceding calendar year, in the format specified by	44383
the department of mental retardation and developmental	44384
disabilities;	44385

(4) By the fifteenth day of February, a report of the total	44386
annual cost per enrollee for operation of programs and services in	44387
the preceding calendar year. The report shall include a grand	44388
total of all programs operated, the cost of the individual	44389
programs, and the sources of funds applied to each program.	44390

(5) That each required certification and report is in	44391
accordance with rules established by the department of mental	44392
retardation and developmental disabilities and the state board of	44393
education for the operation and subsidization of the programs and	44394
services.	44395

(C) To compute payments under this section to the board for	44396
the fiscal year, the department of mental retardation and	44397
developmental disabilities shall use the certification of average	44398
daily membership required by division (B)(1) of this section	44399
exclusive of the average daily membership in any approved school	44400
age unitclass and the number in any approved preschool unit.	44401

(D) The department shall pay each county board for each	44402
fiscal year an amount equal to nine hundred fifty dollars times	44403
the certified number of persons who on the first day of December	44404
of the academic year are under three years of age and are not in	44405
an approved preschool unit. For persons who are at least age	44406
sixteen and are not in an approved school age unitclass, the	44407
department shall pay each county board for each fiscal year the	44408
following amounts:	44409

(1) One thousand dollars times the certified average daily	44410
membership of persons enrolled in traditional adult services who	44411
are eligible for but not enrolled in active treatment under the	44412
community alternative funding system;	44413

(2) One thousand two hundred dollars times the certified	44414
average daily membership of persons enrolled in traditional adult	44415
services who are eligible for and enrolled in active treatment	44416
under the community alternative funding system;	44417

(3) No less than one thousand five hundred dollars times the	44418
certified average daily membership of persons enrolled in	44419
traditional adult services but who are not eligible for active	44420
treatment under the community alternative funding system;	44421

(4) No less than one thousand five hundred dollars times the	44422
certified average daily membership of persons participating in	44423
community employment services.	44424

(E) The department shall distribute this subsidy to county	44425
boards in semiannual installments of equal amounts. The	44426
installments shall be made not later than the thirty-first day of	44427
August and the thirty-first day of January.	44428

(F) The director of mental retardation and developmental	44429
disabilities shall make efforts to obtain increases in the	44430
subsidies for early childhood services and adult services so that	44431
the amount of the subsidies is equal to at least fifty per cent of	44432
the statewide average cost of those services minus any applicable	44433
federal reimbursements for those services. The director shall	44434
advise the director of budget and management of the need for any	44435
such increases when submitting the biennial appropriations request	44436
for the department.	44437

(G) In determining the reimbursement of a county board for	44438
the provision of case management andservice and support	44439
administration, family support services, and other services	44440
required or approved by the director for which children three	44441
through twenty-one years of age are eligible, the department shall	44442
include the average daily membership in approved school age or	44443
preschool units. The department, in accordance with this section	44444
and upon receipt and approval of the certification required by	44445
this section and any other information it requires to enable it to	44446
determine a board's payments, shall pay the agency providing the	44447
specialized training the amounts payable under this section.	44448

Sec. 5126.14. The entity responsible for the habilitation	44449
management included in adult day habilitation services the program	44450
management included in, residential services, and the program	44451
management included in supported living shall provide	44452
administrative oversight by doing all of the following:	44453

(A) Having available supervisory personnel to monitor and	44454
ensure implementation of all interventions in accordance with	44455
every individual service plan implemented by the staff who work	44456
with the individuals receiving the services;	44457

(B) Providing appropriate training and technical assistance	44458
for all staff who work with the individuals receiving services;	44459

(C) Communicating with service and support administration	44460
staff for the purpose of coordinating activities to ensure that	44461
services are provided to individuals in accordance with individual	44462
service plans and intended outcomes;	44463

(D) Monitoring for major unusual incidents and cases of	44464
abuse, neglect, or exploitation involving the individual under the	44465
care of staff who are providing the services; taking immediate	44466
actions as necessary to maintain the health, safety, and welfare	44467
of the individuals receiving the services; and providing notice of	44468
major unusual incidents and suspected cases of abuse, neglect, or	44469
exploitation to the investigative agent for the county board of	44470
mental retardation and developmental disabilities;	44471

(E) Performing other administrative duties as required by	44472
state or federal law or by the county board of mental retardation	44473
and developmental disabilities through contracts with providers.	44474

Sec. 5126.15.  (A) A county board of mental retardation and	44475
developmental disabilities shall provide the case management	44476
services specified in rules adopted by the department of mental	44477
retardation and developmental disabilities under section 5126.08	44478
of the Revised Code to individuals who are eligible for other	44479
programs and services. A county board shall make determinations	44480
of eligibility for case management services in accordance with	44481
standards established in rules adopted by the department under	44482
section 5126.08 of the Revised Code.	44483

Case management services shall be a mechanism to improve the	44484
quality and appropriateness of services rendered to individuals.	44485
In carrying out case management responsibilities, including	44486
monitoring the provision of services to individuals, case managers	44487
shall be impartial toward all providers of services and shall show	44488
no preference toward any provider.	44489

(B) A county board may provide case management services	44490
directly or by contracting for the provision of services with	44491
other public or private, nonprofit or profit-making agencies or	44492
organizations. The county board or the agency or organization	44493
with which the board contracts for case management services shall	44494
establish a separate service unit for case management, responsible	44495
directly to the superintendent of the county board and independent	44496
of all other programs of the county board, agency, or	44497
organization.	44498

Persons employed as county board case managers shall be	44499
assigned no program duties by the county board. County board case	44500
managersservice and support administration to each individual who	44501
is eligible for other services of the board. A board may provide	44502
service and support administration to an individual who is not	44503
eligible for other services of the board. Service and support	44504
administration shall be provided in accordance with rules adopted	44505
under section 5126.08 of the Revised Code.	44506

A board may provide service and support administration by	44507
directly employing service and support administrators or by	44508
contracting with entities for the performance of service and	44509
support administration. Individuals employed or under contract as	44510
service and support administrators shall not be in the same	44511
collective bargaining unit as employees who perform duties that	44512
are not administrative.	44513

Individuals employed by a board as service and support	44514
administrators shall not be assigned responsibilities for	44515
implementing services for individuals and shall not be employed by	44516
or serve in a decision-making or policy-making capacity for any	44517
other agency or organizationentity that provides programs or	44518
services to individuals with mental retardation or developmental	44519
disabilities. An individual employed as a conditional status	44520
service and support administrator shall perform the duties of	44521
service and support administration only under the supervision of a	44522
management employee who is a service and support administration	44523
supervisor or a professional employee who is a service and support	44524
administrator.	44525

A county board that is a party to an agreement with other	44526
county boards or other agencies or organizations under which	44527
facilities, programs, or services are operated or provided shall	44528
establish a clear policy regarding the relationships between the	44529
case managers and the boards, agencies, or organizations that are	44530
parties to the agreement.	44531

(C) Each county board shall develop procedures, in	44532
accordance with rules adopted by the department of mental	44533
retardation and developmental disabilities, for the resolution of	44534
grievances in connection with case management services.	44535

(D)(B) The individuals employed by or under contract with a	44536
board to provide service and support administration shall do all	44537
of the following:	44538

(1) Establish an individual's eligibility for the services	44539
of the county board of mental retardation and developmental	44540
disabilities;	44541

(2) Assess individual needs for services;

44542

(3) Develop individual service plans with the active	44543
participation of the individual to be served, other persons	44544
selected by the individual, and, when applicable, the provider	44545
selected by the individual, and recommend the plans for approval	44546
by the department of mental retardation and developmental	44547
disabilities when services included in the plans are funded	44548
through medicaid;	44549

(4) Establish budgets for services based on the individual's	44550
assessed needs and preferred ways of meeting those needs;	44551

(5) Assist individuals in making selections from among the	44552
providers they have chosen;	44553

(6) Ensure that services are effectively coordinated and	44554
provided by appropriate providers;	44555

(7) Establish and implement an ongoing system of monitoring	44556
the implementation of individual service plans to achieve	44557
consistent implementation and the desired outcomes for the	44558
individual;	44559

(8) Perform quality assurance reviews as a distinct function	44560
of service and support administration;	44561

(9) Incorporate the results of quality assurance reviews and	44562
identified trends and patterns of unusual incidents and major	44563
unusual incidents into amendments of an individual's service plan	44564
for the purpose of improving and enhancing the quality and	44565
appropriateness of services rendered to the individual;	44566

(10) Ensure that each individual receiving services has a	44567
designated person who is responsible on a continuing basis for	44568
providing the individual with representation, advocacy, advice,	44569
and assistance related to the day-to-day coordination of services	44570
in accordance with the individual's service plan. The service and	44571
support administrator shall give the individual receiving services	44572
an opportunity to designate the person to provide daily	44573
representation. If the individual declines to make a designation,	44574
the administrator shall make the designation. In either case, the	44575
individual receiving services may change at any time the person	44576
designated to provide daily representation.	44577

(C) Subject to available funds, the department of mental	44578
retardation and developmental disabilities shall pay a county	44579
board an annual subsidy for case management services if the ratio	44580
of the board's average daily membership certified under section	44581
5126.12 of the Revised Code to the number of case managers	44582
employed by the board is at least equal to the minimum ratio	44583
specified in rules the Department shall adopt in accordance with	44584
Chapter 119. of the Revised Codeservice and support	44585
administration. The amount of the subsidy shall be equal to the	44586
greater of twenty thousand dollars or two hundred dollars times	44587
the board's certified average daily membership. The payments	44588
shall be made in semiannual installments, which shall be made no	44589
later than the thirty-first day of August and the thirty-first day	44590
of January. Funds received shall be used solely for case	44591
management servicesservice and support administration.	44592

Sec. 5126.16.  As used in sections 5126.16 to 5126.18 of the	44593
Revised Code:	44594

(A) "Taxable value" means the total taxable value of real and	44595
public utility property and of tangible personal property in a	44596
county as shown on the county auditor's tax lists.	44597

(B) "Taxes" means the total taxes levied pursuant to division	44598
(L) of section 5705.19 of the Revised Code or pursuant to that	44599
section and section 5705.222, as shown on the preceding year's tax	44600
lists of real and public utility property and tangible personal	44601
property, after making the reductions required by section 319.301	44602
of the Revised Code.	44603

(C) "Enrollment" means a county board of mental retardation	44604
and developmental disabilities' average daily membership of	44605
programs and services as certified under divisions (B)(1)(a), (b),	44606
and (c) and (B)(2) of section 5126.12 of the Revised Code,	44607
exclusive of individuals who are served solely through case	44608
managementservice and support administration provided pursuant to	44609
section 5126.15 of the Revised Code or family support services	44610
provided pursuant to sectionssection 5126.11 and 5126.15 of the	44611
Revised Code.	44612

(D) "Effective tax rate" for a county board means a fraction,	44613
the numerator of which is the county board's taxes and the	44614
denominator of which is the county board's taxable value.	44615

(E) "Local revenue factor" means a county board's taxes	44616
divided by the lesser of the aggregate rate of tax authorized to	44617
be levied by the board of county commissioners pursuant to	44618
division (L) of section 5705.19 and section 5705.222 of the	44619
Revised Code or the aggregate rate of tax authorized pursuant to	44620
that division and that section and certified to the county auditor	44621
under section 319.30 of the Revised Code.	44622

(F) "Hypothetical local revenue per enrollee" means the	44623
quotient obtained by dividing a county board's local revenue	44624
factor by its enrollment.	44625

(G) "Hypothetical statewide average revenue per enrollee"	44626
means the quotient obtained by dividing the sum of all county	44627
boards' local revenue factors by the total enrollment of all	44628
county boards.	44629

(H) "Infant and adult enrollment" means a county board of	44630
mental retardation and developmental disabilities' total average	44631
daily membership of programs and services as certified under	44632
divisions (B)(1)(a) and (c) of section 5126.12 of the Revised	44633
Code, exclusive of individuals who are served solely through case	44634
managementservice and support administration provided pursuant to	44635
section 5126.15 of the Revised Code or family support services	44636
provided pursuant to sectionssection 5126.11 and 5126.15 of the	44637
Revised Code.	44638

Sec. 5126.18.  (A) The department of mental retardation and	44639
developmental disabilities mayshall pay to each county board of	44640
mental retardation and developmental disabilities whose	44641
hypothetical local revenue per enrollee is less than the	44642
hypothetical statewide average revenue per enrollee the amount	44643
computed under division (B) of this section. If this section is	44644
implemented in any year, paymentsPayments shall be made on or	44645
before the thirtieth day of September.	44646

(B) Except as provided in division (C) of this section, the	44647
amount to be paid to a county board shall be equal to the	44648
following:	44649

(1) If the county board's effective tax rate is equal to or	44650
greater than one mill, the product obtained by multiplying the	44651
following two quantities:	44652

(a) The amount by which the hypothetical statewide average	44653
revenue per enrollee exceeds the county board's hypothetical local	44654
revenue per enrollee;	44655

(b) The county board's infant and adult enrollment.

44656

(2) If the county board's effective tax rate is less than	44657
one mill, the product obtained by multiplying the following three	44658
quantities:	44659

(a) The amount by which the hypothetical statewide average	44660
revenue per enrollee exceeds the county board's hypothetical local	44661
revenue per enrollee;	44662

(b) The county board's infant and adult enrollment;

44663

(c) The quotient obtained by dividing the county board's	44664
effective tax rate by one mill.	44665

(C)(1) For each individual who is enrolled in active	44666
treatment under the community alternative funding system as	44667
defined in section 5126.12 of the Revised Code, the department may	44668
reduce the portion of the payment made under this section for that	44669
individual by fifty per cent or less.	44670

(2) If, in any year, an appropriation by the general	44671
assembly to the department for purposes of this section is less	44672
than the total amount required to make, in full, the payments as	44673
determined under and authorized by this section, the department	44674
shall pay each county board the same percentage of the board's	44675
payment as determined under this section without regard to this	44676
division that the amount of the appropriation available for	44677
purposes of this section is of the total amount of payments as	44678
determined under this section without regard to this division.	44679

(3) Payments made to a county board pursuant to this section	44680
shall not exceed thirty per cent of the payments made to that	44681
board pursuant to section 5126.12 of the Revised Code.	44682

(D) Payments made under this section are supplemental to all	44683
other state or federal funds for which county boards are eligible	44684
and shall be made from funds appropriated for purposes of this	44685
section. TheA county board shall use the payments shall be used	44686
solely for the development and implementation of early	44687
intervention services for individuals included in the board's	44688
infant enrollment and adult services for individuals included in	44689
the board's adult enrollmentto pay the nonfederal share of	44690
medicaid expenditures that division (A) of section 5126.056 of the	44691
Revised Code requires the county board to pay.	44692

(E) Each county board that receives a payment under this	44693
section shall, for each year it receives a payment, certify to the	44694
department that it will make a good faith effort to obtain	44695
revenues, including federal funds, for services to individuals	44696
included in its infant and adult enrollment.	44697

Sec. 5126.19.  (A) The director of mental retardation and	44698
developmental disabilities may grant temporary funding from the	44699
community mental retardation and developmental disabilities trust	44700
fund to a county board of mental retardation and developmental	44701
disabilities. With the consent of the county board, the director	44702
may distribute all or part of the funding directly to the persons	44703
who provide the services for which the funding is granted.	44704

(B) Funding granted under this section shall be granted	44705
according to the availability of moneys in the fund and priorities	44706
established by the director. Funding may be granted for any of	44707
the following purposes:	44708

(1) Behavioral or short-term interventions for persons with	44709
mental retardation or developmental disabilities that assist them	44710
in remaining in the community by preventing institutionalization;	44711

(2) Emergency respite care services, as defined in section	44712
5126.11 of the Revised Code;	44713

(3) Family support services provided under section 5126.11	44714
of the Revised Code;	44715

(4) Supported living, as defined in section 5126.01 of the	44716
Revised Code;	44717

(5) Staff training for county board employees, employees of	44718
providers of residential services as defined in section 5126.01 of	44719
the Revised Code, and other personnel under contract with a county	44720
board, to provide the staff with necessary training in serving	44721
mentally retarded or developmentally disabled persons in the	44722
community;	44723

(6) Short-term provision of early childhood services	44724
provided under section 5126.05, adult services provided under	44725
sections 5126.05 and 5126.051, and case management services	44726
service and support administration provided under section 5126.15	44727
of the Revised Code, when local moneys are insufficient to meet	44728
the need for such services due to the successive failure within a	44729
two-year period of three or more proposed levies for the services;	44730

(7) Contracts with providers of residential services to	44731
maintain persons with mental retardation and developmental	44732
disabilities in their programs and avoid institutionalization.	44733

(C) If the trust fund contains more than ten million dollars	44734
on the first day of July the director shall use one million	44735
dollars for payments under section 5126.12 of the Revised Code,	44736
one million dollars for payments under section 5126.18 of the	44737
Revised Code, and two million dollars for payments under section	44738
5126.44 of the Revised Code. Distributions of funds under this	44739
division shall be made prior to August 31 of the state fiscal year	44740
in which the funds are available. The funds shall be distributed	44741
to a county board in an amount equal to the same percentage of the	44742
total amount distributed for the services that the county board	44743
received in the immediately preceding state fiscal year.	44744

Sec. 5126.20.  As used in this section and sections 5126.21	44745
to 5126.29 of the Revised Code:	44746

(A) "Service employee" means a person employed by a county	44747
board of mental retardation and developmental disabilities in a	44748
position which may require evidence of registration under section	44749
5126.25 of the Revised Code but for which a bachelor's degree from	44750
an accredited college or university is not required, and includes	44751
employees in the positions listed in division (C) of section	44752
5126.22 of the Revised Code.	44753

(B) "Professional employee" means a person employed by a	44754
board in a position for which either a bachelor's degree from an	44755
accredited college or university or a license or certificate	44756
issued under Title XLVII of the Revised Code is a minimum	44757
requirement, except in the case of a person employed as a	44758
conditional status service and support administrator for which an	44759
appropriate associate degree is the minimum requirement, and	44760
includes employees in the positions listed in division (B) of	44761
section 5126.22 of the Revised Code.	44762

(C) "Management employee" means a person employed by a board	44763
in a position having supervisory or managerial responsibilities	44764
and duties, and includes employees in the positions listed in	44765
division (A) of section 5126.22 of the Revised Code.	44766

(D) "Limited contract" means a contract of limited duration	44767
which is renewable at the discretion of the superintendent.	44768

(E) "Continuing contract" means a contract of employment	44769
that was issued prior to June 24, 1988, to a classified employee	44770
under which the employee has completed histhe employee's	44771
probationary period and under which hethe employee retains his	44772
employment until hethe employee retires or resigns, is removed	44773
pursuant to section 5126.23 of the Revised Code, or is laid off.	44774

(F) "Supervisory responsibilities and duties" includes the	44775
authority to hire, transfer, suspend, lay off, recall, promote,	44776
discharge, assign, reward, or discipline other employees of the	44777
board; to responsibly direct them; to adjust their grievances; or	44778
to effectively recommend such action, if the exercise of that	44779
authority is not of a merely routine or clerical nature but	44780
requires the use of independent judgment.	44781

(G) "Managerial responsibilities and duties" includes	44782
formulating policy on behalf of the board, responsibly directing	44783
the implementation of policy, assisting in the preparation for the	44784
conduct of collective negotiations, administering collectively	44785
negotiated agreements, or having a major role in personnel	44786
administration.	44787

(H) "Investigative agent" means an individual who conducts	44788
investigations under section 5126.313 of the Revised Code.	44789

Sec. 5126.22.  (A) Employees who hold the following	44790
positions in a county board of mental retardation and	44791
developmental disabilities are management employees:	44792

assistant superintendent

44793

director of business

44794

director of personnel

44795

adult services director

44796

workshop director

44797

habilitation manager

44798

director of residential services

44799

principal (director of children services)

44800

program or service supervisor

44801

plant manager

44802

production manager

44803

case managementservice and support administration supervisor

44804

investigative agent

44805

confidential employees as defined in section 4117.01 of the	44806
Revised Code	44807

positions designated by the director of mental retardation	44808
and developmental disabilities as having managerial or supervisory	44809
responsibilities and duties	44810

positions designated by the county board in accordance with	44811
division (D) of this section.	44812

(B) Employees who hold the following positions in a board	44813
are professional employees:	44814

personnel certified pursuant to Chapter 3319. of the Revised	44815
Code	44816

early intervention specialist

44817

physical development specialist

44818

habilitation specialist

44819

work adjustment specialist

44820

placement specialist

44821

vocational evaluator

44822

psychologist

44823

occupational therapist

44824

speech and language pathologist

44825

recreation specialist

44826

behavior management specialist

44827

physical therapist

44828

supportive home services specialist

44829

licensed practical nurse or registered nurse

44830

rehabilitation counselor

44831

doctor of medicine and surgery or of osteopathic medicine and	44832
surgery	44833

dentist

44834

case managerservice and support administrator

44835

conditional status service and support administrator

44836

social worker

44837

any position that is not a management position and for which	44838
the standards for certification established by the director of	44839
mental retardation and developmental disabilities under section	44840
5126.25 of the Revised Code require a bachelor's or higher degree	44841

professional positions designated by the director

44842

professional positions designated by the county board in	44843
accordance with division (D) of this section.	44844

(C) Employees who hold positions in a board that are neither	44845
management positions nor professional positions are service	44846
employees. Service employee positions include:	44847

workshop specialist

44848

workshop specialist assistant

44849

contract procurement specialist

44850

community employment specialist

44851

any assistant to a professional employee certified to	44852
provide, or supervise the provision of, adult services or case	44853
managementservice and support administration	44854

service positions designated by the director

44855

service positions designated by a county board in accordance	44856
with division (D) of this section.	44857

(D) A county board may designate a position only if the	44858
position does not include directly providing, or supervising	44859
employees who directly provide, service or instruction to	44860
individuals with mental retardation or developmental disabilities.	44861

(E) If a county board desires to have a position established	44862
that is not specifically listed in this section that includes	44863
directly providing, or supervising employees who directly provide,	44864
services or instruction to individuals with mental retardation or	44865
developmental disabilities, the board shall submit to the director	44866
a written description of the position and request that the	44867
director designate the position as a management, professional, or	44868
service position under this section. The director shall consider	44869
each request submitted under this division and respond within	44870
thirty days. If the director approves the request, hethe	44871
director shall designate the position as a management,	44872
professional, or service position.	44873

(F) A county board shall not terminate its employment of any	44874
management, professional, or service employee solely because a	44875
position is added to or eliminated from those positions listed in	44876
this section or because a position is designated or no longer	44877
designated by the director or a county board.	44878

Sec. 5126.221.  Each county board of mental retardation and	44879
developmental disabilities shall employ at least one investigative	44880
agent or contract with a person or government entity, including	44881
another county board of mental retardation and developmental	44882
disabilities or a regional council established under section	44883
5126.13 of the Revised Code, for the services of an investigative	44884
agent. Neither a county board nor a person or government entity	44885
with which a county board contracts for the services of an	44886
investigative agent shall assign any duties to an investigative	44887
agent other than conducting investigations under section 5126.313	44888
of the Revised Code.	44889

All investigative agents shall be trained in civil and	44890
criminal investigatory practices and report directly to a county	44891
board's superintendent. No investigative agent shall do anything	44892
that interferes with the investigative agent's objectivity in	44893
conducting investigations under section 5126.313 of the Revised	44894
Code.	44895

Sec. 5126.25.  (A) The director of mental retardation and	44896
developmental disabilities shall adopt rules in accordance with	44897
Chapter 119. of the Revised Code establishing uniform standards	44898
and procedures for the certification of persons for employment by	44899
county boards of mental retardation and developmental disabilities	44900
as superintendents, management employees, and professional	44901
employees and uniform standards and procedures for the	44902
registration of persons for employment by county boards as	44903
registered service employees. As part of the rules, the director	44904
may establish continuing education and professional training	44905
requirements for renewal of certificates and evidence of	44906
registration and shall establish such requirements for renewal of	44907
an investigative agent certificate. In the rules, the director	44908
shall establish certification standards for employment in the	44909
position of investigative agent that require an individual to have	44910
or obtain no less than an associate degree from an accredited	44911
college or university or have or obtain comparable experience or	44912
training. The director shall not adopt rules that require any	44913
service employee to have or obtain a bachelor's or higher degree.	44914

The director shall adopt the rules in a manner that provides	44915
for the issuance of certificates and evidence of registration	44916
according to categories, levels, and grades. The rules shall	44917
describe each category, level, and grade.	44918

The rules adopted under this division shall apply to persons	44919
employed or seeking employment in a position that includes	44920
directly providing, or supervising persons who directly provide,	44921
services or instruction to or on behalf of individuals with mental	44922
retardation or developmental disabilities, except that the rules	44923
shall not apply to persons who hold a valid license issued under	44924
Chapter 3319. of the Revised Code and perform no duties other than	44925
teaching or supervision of a teaching program or persons who hold	44926
a valid license or certificate issued under Title XLVII of the	44927
Revised Code and perform only those duties governed by the license	44928
or certificate. The rules shall specify the positions that require	44929
certification or registration. The rules shall specify that the	44930
position of investigative agent requires certification.	44931

(B) The director shall adopt rules in accordance with	44932
Chapter 119. of the Revised Code establishing standards for	44933
approval of courses of study to prepare persons to meet	44934
certification requirements. The director shall approve courses of	44935
study meeting the standards and provide for the inspection of the	44936
courses to ensure the maintenance of satisfactory training	44937
procedures. The director shall approve courses of study only if	44938
given by a state university or college as defined in section	44939
3345.32 of the Revised Code, a state university or college of	44940
another state, or an institution that has received a certificate	44941
of authorization to confer degrees from the board of regents	44942
pursuant to Chapter 1713. of the Revised Code or from a comparable	44943
agency of another state.	44944

(C) Each applicant for a certificate for employment or	44945
evidence of registration for employment by a county board shall	44946
apply to the department of mental retardation and developmental	44947
disabilities on forms that the director of the department shall	44948
prescribe and provide. The application shall be accompanied by	44949
the application fee established in rules adopted under this	44950
section.	44951

(D) The director shall issue a certificate for employment to	44952
each applicant who meets the standards for certification	44953
established under this section and shall issue evidence of	44954
registration for employment to each applicant who meets the	44955
standards for registration established under this section. Each	44956
certificate or evidence of registration shall state the category,	44957
level, and grade for which it is issued.	44958

The director shall issue, renew, deny, suspend, or revoke	44959
certificates and evidence of registration in accordance with rules	44960
adopted under this section. The director shall deny, suspend, or	44961
revoke a certificate or evidence of registration if the director	44962
finds, pursuant to an adjudication conducted in accordance with	44963
Chapter 119. of the Revised Code, that the applicant for or holder	44964
of the certificate or evidence of registration is guilty of	44965
intemperate, immoral, or other conduct unbecoming to the	44966
applicant's or holder's position, or is guilty of incompetence or	44967
negligence within the scope of the applicant's or holder's duties.	44968
The director shall deny or revoke a certificate or evidence of	44969
registration if the director finds, pursuant to an adjudication	44970
conducted in accordance with Chapter 119. of the Revised Code,	44971
that the applicant for or holder of the certificate or evidence of	44972
registration has been convicted of or pleaded guilty to any of the	44973
offenses described in division (E) of section 5126.28 of the	44974
Revised Code, unless the individual meets standards for	44975
rehabilitation that the director establishes in the rules adopted	44976
under that section. Evidence supporting such allegations shall be	44977
presented to the director in writing and the director shall	44978
provide prompt notice of the allegations to the person who is the	44979
subject of the allegations. A denial, suspension, or revocation	44980
may be appealed in accordance with procedures the director shall	44981
establish in the rules adopted under this section.	44982

(E)(1) A person holding a valid certificate under this	44983
section on the effective date of any rules adopted under this	44984
section that increase certification standards shall have such	44985
period as the rules prescribe, but not less than one year after	44986
the effective date of the rules, to meet the new certification	44987
standards.	44988

A person who is registered under this section on the	44989
effective date of any rule that changes the standards adopted	44990
under this section shall have such period as the rules prescribe,	44991
but not less than one year, to meet the new registration	44992
standards.	44993

(2) If an applicant for a certificate for employment has not	44994
completed the courses of instruction necessary to meet the	44995
department's standards for certification, the department shall	44996
inform the applicant of the courses the applicant must	44997
successfully complete to meet the standards and shall specify the	44998
time within which the applicant must complete the courses. The	44999
department shall grant the applicant at least one year to complete	45000
the courses and shall not require the applicant to complete more	45001
than four courses in any one year. The applicant is not subject	45002
to any changes regarding the courses required for certification	45003
that are made after the department informs the applicant of the	45004
courses the applicant must complete, unless the applicant does not	45005
successfully complete the courses within the time specified by the	45006
department.	45007

(F) A person who holds a certificate or evidence of	45008
registration, other than one designated as temporary, is qualified	45009
to be employed according to that certificate or evidence of	45010
registration by any county board.	45011

(G) The director shall monitor county boards to ensure that	45012
their employees who must be certified or registered are	45013
appropriately certified or registered and performing those	45014
functions they are authorized to perform under their certificate	45015
or evidence of registration.	45016

(H) A county board superintendent or the superintendent's	45017
designee may certify to the director that county board employees	45018
who are required to meet continuing education or professional	45019
training requirements as a condition of renewal of certificates or	45020
evidence of registration have met the requirements. The	45021
superintendent or the superintendent's designee shall maintain in	45022
appropriate personnel files evidence acceptable to the director	45023
that the employees have met the requirements and permit	45024
representatives of the department access to the evidence on	45025
request.	45026

(I) All fees collected pursuant to this section shall be	45027
deposited in the state treasury to the credit of the employee	45028
certification and registration fund, which is hereby created.	45029
Money credited to the fund shall be used solely for the operation	45030
of the certification and registration program established under	45031
this section and for providing continuing training to county board	45032
employees.	45033

(J) Employees of entities that contract with county boards	45034
of mental retardation and developmental disabilities to operate	45035
programs and services for individuals with mental retardation and	45036
developmental disabilities are subject to the certification and	45037
registration requirements established under section 5123.082 of	45038
the Revised Code.	45039

Sec. 5126.31.  (A) A county board of mental retardation and	45040
developmental disabilities shall review reports of abuse and	45041
neglect made under section 5123.61 of the Revised Code and reports	45042
referred to it under section 5101.611 of the Revised Code to	45043
determine whether the person who is the subject of the report is	45044
an adult with mental retardation or a developmental disability in	45045
need of services to deal with the abuse or neglect. The board	45046
shall give notice of each report to the registry office of the	45047
department of mental retardation and developmental disabilities	45048
established pursuant to section 5123.61 of the Revised Code on the	45049
first working day after receipt of the report. If the report	45050
alleges that there is a substantial risk to the adult of immediate	45051
physical harm or death, the board shall initiate review within	45052
twenty-four hours of its receipt of the report. If the board	45053
determines that the person is sixty years of age or older but does	45054
not have mental retardation or a developmental disability, it	45055
shall refer the case to the county department of job and family	45056
services. If the board determines that the person is an adult	45057
with mental retardation or a developmental disability, it shall	45058
continue its review of the case.	45059

(B) For each review over which the board retains	45060
responsibility under division (A) of this section, it shall do all	45061
of the following:	45062

(1) Give both written and oral notice of the purpose of the	45063
review to the adult and, if any, to the adult's legal counsel or	45064
caretaker, in simple and clear language;	45065

(2) Visit the adult, in the adult's residence if possible,	45066
and explain the notice given under division (B)(1) of this	45067
section;	45068

(3) Request from the registry office any prior reports	45069
concerning the adult or other principals in the case;	45070

(4) Consult, if feasible, with the person who made the	45071
report under section 5101.61 or 5123.61 of the Revised Code and	45072
with any agencies or persons who have information about the	45073
alleged abuse or neglect;	45074

(5) Cooperate fully with the law enforcement agency	45075
responsible for investigating the report and for filing any	45076
resulting criminal charges and, on request, turn over evidence to	45077
the agency;	45078

(6) Determine whether the adult needs services, and prepare	45079
a written report stating reasons for the determination. No adult	45080
shall be determined to be abused, neglected, or in need of	45081
services for the sole reason that, in lieu of medical treatment,	45082
the adult relies on or is being furnished spiritual treatment	45083
through prayer alone in accordance with the tenets and practices	45084
of a church or religious denomination of which the adult is a	45085
member or adherent.	45086

(C) The board shall arrange for the provision of services	45087
for the prevention, correction or discontinuance of abuse or	45088
neglect or of a condition resulting from abuse or neglect for any	45089
adult who has been determined to need the services and consents to	45090
receive them. These services may include, but are not limited to,	45091
case managementservice and support administration, fiscal	45092
management, medical, mental health, home health care, homemaker,	45093
legal, and residential services and the provision of temporary	45094
accommodations and necessities such as food and clothing. The	45095
services do not include acting as a guardian, trustee, or	45096
protector as defined in section 5123.55 of the Revised Code. If	45097
the provision of residential services would require expenditures	45098
by the department of mental retardation and developmental	45099
disabilities, the board shall obtain the approval of the	45100
department prior to arranging the residential services.	45101

To arrange services, the board shall:

45102

(1) Develop an individualized service plan identifying the	45103
types of services required for the adult, the goals for the	45104
services, and the persons or agencies that will provide them;	45105

(2) In accordance with rules established by the director of	45106
mental retardation and developmental disabilities, obtain the	45107
consent of the adult or the adult's guardian to the provision of	45108
any of these services and obtain the signature of the adult or	45109
guardian on the individual service plan. An adult who has been	45110
found incompetent under Chapter 2111. of the Revised Code may	45111
consent to services. If the board is unable to obtain consent, it	45112
may seek, if the adult is incapacitated, a court order pursuant to	45113
section 5126.33 of the Revised Code authorizing the board to	45114
arrange these services.	45115

(D) The board shall ensure that the adult receives the	45116
services arranged by the board from the provider and shall have	45117
the services terminated if the adult withdraws consent.	45118

(E) On completion of a review, the board shall submit a	45119
written report to the registry office established under section	45120
5123.61 of the Revised Code. If the report includes a finding	45121
that a person with mental retardation or a developmental	45122
disability is a victim of action or inaction that may constitute a	45123
crime under federal law or the law of this state, the board shall	45124
submit the report to the law enforcement agency responsible for	45125
investigating the report. Reports prepared under this section are	45126
not public records as defined in section 149.43 of the Revised	45127
Code.	45128

(F) The board shall provide comprehensive formal training	45129
for employees and other persons authorized to implement the	45130
requirements of this section.	45131

Sec. 5126.311. (A) Notwithstanding the requirement of	45132
section 5126.31 of the Revised Code that a county board of mental	45133
retardation and developmental disabilities review reports of abuse	45134
and neglect, if the department of mental retardation and	45135
developmental disabilities or a county board of mental retardation	45136
and developmental disabilities determines that it would be	45137
inappropriate for the county board to investigate a report of	45138
abuse or neglect made under section 5123.61 of the Revised Code,	45139
at the request of the department or county board, one of the	45140
following government entities may, at the request of the county	45141
board or the department of mental retardation and developmental	45142
disabilities, shall review the report instead of the county board	45143
if circumstances specified in rules adopted under division (B) of	45144
this section exist:	45145

(A)(1) Another county board of mental retardation and	45146
developmental disabilities;	45147

(B)(2) The department;

45148

(C)(3) A regional council of government established pursuant	45149
to Chapter 167. of the Revised Code;	45150

(D)(4) Any other government entity authorized to investigate	45151
reports of abuse and neglect.	45152

(B) The director of mental retardation and developmental	45153
disabilities shall adopt rules in accordance with Chapter 119. of	45154
the Revised Code specifying circumstances under which it is	45155
inappropriate for a county board to review reports of abuse and	45156
neglect.	45157

Sec. 5126.313.  (A) After reviewing a report of abuse or	45158
neglect under section 5126.31 of the Revised Code or a report of a	45159
major unusual incident made in accordance with rules adopted under	45160
section 5123.612 of the Revised Code, a county board of mental	45161
retardation and developmental disabilities shall conduct an	45162
investigation if circumstances specified in rules adopted under	45163
division (B) of this section exist. If the circumstances	45164
specified in the rules exist, the county board shall conduct the	45165
investigation in the manner specified by the rules.	45166

(B) The director of mental retardation and developmental	45167
disabilities shall adopt rules in accordance with Chapter 119. of	45168
the Revised Code specifying circumstances under which a county	45169
board shall conduct investigations under division (A) of this	45170
section and the manner in which the county board shall conduct the	45171
investigation.	45172

Sec. 5126.32.  If during the course of the review conducted	45173
under section 5126.31 of the Revised Code or the investigation	45174
conducted under section 5126.313 of the Revised Code, any person	45175
denies or obstructs the board's access to the residence of the	45176
adult who is the subject of a report of abuse or neglectthe	45177
review or investigation, the board may file a petition with the	45178
probate court of the county in which the residence is located for	45179
a temporary restraining order, in accordance with Civil Rule 65,	45180
to prevent the denial or obstruction of access. If the court	45181
finds reasonable cause to believe that the adult is abused or	45182
neglected and that access to histhe adult's residence has been	45183
denied or obstructed, the court shall issue a temporary order	45184
restraining the interference or obstruction. After the order has	45185
been obtained, at the request of the board, an officer of the law	45186
enforcement agency investigating the report shall accompany	45187
representatives of the board to the adult's residence.	45188

If a person refuses to allow or interferes with the provision	45189
of services described in division (C) of section 5126.31 of the	45190
Revised Code to an adult who has consented to them, the county	45191
board may file a petition with the probate court of the county in	45192
which the adult resides for appropriate injunctive relief in	45193
accordance with Civil Rule 65.	45194

Sec. 5126.357.  (A) As used in this section:

45195

(1) "In-home care" means the supportive services provided	45196
within the home of an individual who receives funding for the	45197
services as a county board client, including any client who	45198
receives residential services funded through the medical	45199
assistance program's home andor community-based services waivers	45200
administered by the department of mental retardation and	45201
developmental disabilities, family support services provided under	45202
section 5126.11 of the Revised Code, or supported living provided	45203
in accordance with sections 5126.41 to 5126.47 of the Revised	45204
Code. "In-home care" includes care that is provided outside a	45205
client's home in places incidental to the home, and while	45206
traveling to places incidental to the home, except that "in-home	45207
care" does not include care provided in the facilities of a county	45208
board of mental retardation and developmental disabilities or care	45209
provided in schools.	45210

(2) "Parent" means either parent of a child, including an	45211
adoptive parent but not a foster parent.	45212

(3) "Unlicensed in-home care worker" means an individual who	45213
provides in-home care but is not a health care professional. A	45214
county board worker may be an unlicensed in-home care worker.	45215

(4) "Family member" means a parent, sibling, spouse, son,	45216
daughter, grandparent, aunt, uncle, cousin, or guardian of the	45217
individual with mental retardation or a developmental disability	45218
if the individual with mental retardation or developmental	45219
disabilities lives with the person and is dependent on the person	45220
to the extent that, if the supports were withdrawn, another living	45221
arrangement would have to be found.	45222

(B) Except as provided in division (D) of this section, a	45223
family member of an individual with mental retardation or a	45224
developmental disability may authorize an unlicensed in-home care	45225
worker to give or apply prescribed medication or perform other	45226
health care tasks as part of the in-home care provided to the	45227
individual, if the family member is the primary supervisor of the	45228
care and the unlicensed in-home care worker has been selected by	45229
the family member and is under the direct supervision of the	45230
family member. Sections 4723.62 and 5126.351 to 5126.356 of the	45231
Revised Code do not apply to the in-home care authorized by a	45232
family member under this section. Instead, a family member shall	45233
obtain a prescription, if applicable, and written instructions	45234
from a health care professional for the care to be provided to the	45235
individual. The family member shall authorize the unlicensed	45236
in-home care worker to provide the care by preparing a written	45237
document granting the authority. The family member shall provide	45238
the unlicensed in-home care worker with appropriate training and	45239
written instructions in accordance with the instructions obtained	45240
from the health care professional.	45241

(C) A family member who authorizes an unlicensed in-home	45242
care worker to give or apply prescribed medication or perform	45243
other health care tasks retains full responsibility for the health	45244
and safety of the individual receiving the care and for ensuring	45245
that the worker provides the care appropriately and safely. No	45246
entity that funds or monitors the provision of in-home care may be	45247
held liable for the results of the care provided under this	45248
section by an unlicensed in-home care worker, including such	45249
entities as the county board of mental retardation and	45250
developmental disabilities, any other entity that employs an	45251
unlicensed in-home care worker, and the department of mental	45252
retardation and developmental disabilities.	45253

An unlicensed in-home care worker who is authorized under	45254
this section by a family member to provide care to an individual	45255
may not be held liable for any injury caused in providing the	45256
care, unless the worker provides the care in a manner that is not	45257
in accordance with the training and instructions received or the	45258
worker acts in a manner that constitutes wanton or reckless	45259
misconduct.	45260

(D) A county board of mental retardation and developmental	45261
disabilities may evaluate the authority granted by a family member	45262
under this section to an unlicensed in-home care worker at any	45263
time it considers necessary and shall evaluate the authority on	45264
receipt of a complaint. If the board determines that a family	45265
member has acted in a manner that is inappropriate for the health	45266
and safety of the individual receiving the services, the	45267
authorization granted by the family member to an unlicensed	45268
in-home care worker is void, and the family member may not	45269
authorize other unlicensed in-home care workers to provide the	45270
care. In making such a determination, the board shall use	45271
appropriately licensed health care professionals and shall provide	45272
the family member an opportunity to file a complaint under section	45273
5126.06 of the Revised Code.	45274

Sec. 5126.431.  (A) Pursuant to Chapter 119. of the Revised	45275
Code, the department of mental retardation and developmental	45276
disabilities shall adopt rules establishing standards and	45277
procedures for certification of persons and government entities	45278
that provide or propose to provide, under contract with the	45279
department until July 1, 1995, or with a county board of mental	45280
retardation and developmental disabilities, supported living for	45281
individuals with mental retardation or developmental disabilities.	45282
The rules shall allow a person to automatically satisfy a standard	45283
for certification under this section if the person holds a	45284
current, valid license under section 5123.19 of the Revised Code	45285
to operate a residential facility and had to satisfy the standard	45286
to obtain the residential facility license.	45287

(B) Pursuant to Chapter 119. of the Revised Code, the	45288
department shall adopt rules establishing quality assurance	45289
standards for supported living provided to individuals by	45290
providers certified under this section.	45291

(C) The rules adopted under this section shall include the	45292
following:	45293

(1) Procedures for ensuring that providers comply with	45294
section 5126.281 of the Revised Code;	45295

(2) Methods of evaluating the services provided and	45296
protecting the due process rights of any individual or entity	45297
affected by an evaluation or decision made pursuant to this	45298
section;	45299

(3) Procedures for revoking certification.

45300

(D)(1) Providers shall be evaluated to ensure that services	45301
are provided in a quality manner advantageous to the individual	45302
receiving the services. When evaluations are conducted, the	45303
following shall be considered:	45304

(a) The provider's experience and financial responsibility;

45305

(b) The ability to comply with program standards for	45306
supported living;	45307

(c) The ability to meet the needs of the individuals served;

45308

(d) The ability to work cooperatively with the department,	45309
county boards, and other providers;	45310

(e) Any other factor considered relevant.

45311

(2) The records of evaluations conducted under this section	45312
are public records for purposes of section 149.43 of the Revised	45313
Code and shall be made available on request of any person,	45314
including individuals being served, individuals seeking supported	45315
living, and county boards.	45316

(E) The department shall certify providers in accordance	45317
with the rules adopted under this section. The department may	45318
revoke a provider's certification in accordance with Chapter 119.	45319
of the Revised Code for good cause, including misfeasance,	45320
malfeasance, nonfeasance, confirmed abuse or neglect, financial	45321
irresponsibility, or other conduct the department determines is	45322
injurious to individuals being served.	45323

Sec. 5139.01.  (A) As used in this chapter:

45324

(1) "Commitment" means the transfer of the physical custody	45325
of a child or youth from the court to the department of youth	45326
services.	45327

(2) "Permanent commitment" means a commitment that vests	45328
legal custody of a child in the department of youth services.	45329

(3) "Legal custody," insofar as it pertains to the status	45330
that is created when a child is permanently committed to the	45331
department of youth services, means a legal status in which the	45332
department has the following rights and responsibilities: the	45333
right to have physical possession of the child; the right and duty	45334
to train, protect, and control the child; the responsibility to	45335
provide the child with food, clothing, shelter, education, and	45336
medical care; and the right to determine where and with whom the	45337
child shall live, subject to the minimum periods of, or periods	45338
of, institutional care prescribed in section 2151.355 of the	45339
Revised Code; provided, that these rights and responsibilities are	45340
exercised subject to the powers, rights, duties, and	45341
responsibilities of the guardian of the person of the child, and	45342
subject to any residual parental rights and responsibilities.	45343

(4) Unless the context requires a different meaning,	45344
"institution" means a state facility that is created by the	45345
general assembly and that is under the management and control of	45346
the department of youth services or a private entity with which	45347
the department has contracted for the institutional care and	45348
custody of felony delinquents.	45349

(5) "Full-time care" means care for twenty-four hours a day	45350
for over a period of at least two consecutive weeks.	45351

(6) "Placement" means the conditional release of a child	45352
under the terms and conditions that are specified by the	45353
department of youth services. The department shall retain legal	45354
custody of a child released pursuant to division (C) of section	45355
2151.38 of the Revised Code or division (C) of section 5139.06 of	45356
the Revised Code until the time that it discharges the child or	45357
until the legal custody is terminated as otherwise provided by	45358
law.	45359

(7) "Home placement" means the placement of a child in the	45360
home of the child's parent or parents or in the home of the	45361
guardian of the child's person.	45362

(8) "Discharge" means that the department of youth services'	45363
legal custody of a child is terminated.	45364

(9) "Release" means the termination of a child's stay in an	45365
institution and the subsequent period during which the child	45366
returns to the community under the terms and conditions of	45367
supervised release.	45368

(10) "Delinquent child" has the same meaning as in section	45369
2151.02 of the Revised Code.	45370

(11) "Felony delinquent" means any child who is at least	45371
twelve years of age but less than eighteen years of age and who is	45372
adjudicated a delinquent child for having committed an act that if	45373
committed by an adult would be a felony. "Felony delinquent"	45374
includes any adult who is between the ages of eighteen and	45375
twenty-one and who is in the legal custody of the department of	45376
youth services for having committed an act that if committed by an	45377
adult would be a felony.	45378

(12) "Juvenile traffic offender" has the same meaning as in	45379
section 2151.021 of the Revised Code.	45380

(13) "Public safety beds" means all of the following:

45381

(a) Felony delinquents who have been committed to the	45382
department of youth services for the commission of an act, other	45383
than a violation of section 2911.01 or 2911.11 of the Revised	45384
Code, that is a category one offense or a category two offense and	45385
who are in the care and custody of an institution or have been	45386
diverted from care and custody in an institution and placed in a	45387
community corrections facility;	45388

(b) Felony delinquents who, while committed to the	45389
department of youth services and in the care and custody of an	45390
institution or a community corrections facility, are adjudicated	45391
delinquent children for having committed in that institution or	45392
community corrections facility an act that if committed by an	45393
adult would be a felony;	45394

(c) Children who satisfy all of the following:

45395

(i) They are at least twelve years of age but less than	45396
eighteen years of age.	45397

(ii) They are adjudicated delinquent children for having	45398
committed acts that if committed by an adult would be a felony.	45399

(iii) They are committed to the department of youth services	45400
by the juvenile court of a county that has had one-tenth of one	45401
per cent or less of the statewide adjudications for felony	45402
delinquents as averaged for the past four fiscal years.	45403

(iv) They are in the care and custody of an institution or a	45404
community corrections facility.	45405

(d) Felony delinquents who, while committed to the	45406
department of youth services and in the care and custody of an	45407
institution, commit in that institution an act that if committed	45408
by an adult would be a felony, who are serving disciplinary time	45409
for having committed that act, and who have been institutionalized	45410
or institutionalized in a secure facility for the minimum period	45411
of time specified in division (A)(4) or (5) of section 2151.355 of	45412
the Revised Code.	45413

(e) Felony delinquents who are subject to and serving a	45414
three-year period of commitment order imposed by a juvenile court	45415
pursuant to division (A)(7) of section 2151.355 of the Revised	45416
Code for an act, other than a violation of section 2911.11 of the	45417
Revised Code, that would be a category one offense or category two	45418
offense if committed by an adult.	45419

(f) Felony delinquents who are described in divisions	45420
(A)(13)(a) to (e) of this section, who have been granted a	45421
judicial release under division (B) of section 2151.38 of the	45422
Revised Code or an early release under division (C) of that	45423
section from the commitment to the department of youth services	45424
for the act described in divisions (A)(13)(a) to (e) of this	45425
section, who have violated the terms and conditions of that	45426
judicial release or early release, and who, pursuant to an order	45427
of the court of the county in which the particular felony	45428
delinquent was placed on release that is issued pursuant to	45429
division (D) of section 2151.38 of the Revised Code, have been	45430
returned to the department for institutionalization or	45431
institutionalization in a secure facility.	45432

(g) Felony delinquents who have been committed to the	45433
custody of the department of youth services, who have been granted	45434
supervised release from the commitment pursuant to section 5139.51	45435
of the Revised Code, who have violated the terms and conditions of	45436
that supervised release, and who, pursuant to an order of the	45437
court of the county in which the particular child was placed on	45438
supervised release issued pursuant to division (F) of section	45439
5139.52 of the Revised Code, have had the supervised release	45440
revoked and have been returned to the department for	45441
institutionalization. A felony delinquent described in this	45442
division shall be a public safety bed only for the time during	45443
which the felony delinquent is institutionalized as a result of	45444
the revocation subsequent to the initial thirty-day period of	45445
institutionalization required by division (F) of section 5139.52	45446
of the Revised Code.	45447

(14) "State target youth" means twenty-five per cent of the	45448
projected total number of felony delinquents for each year of a	45449
biennium, factoring in revocations and recommitments.	45450

(15) Unless the context requires a different meaning,	45451
"community corrections facility" means a county or multicounty	45452
rehabilitation center for felony delinquents who have been	45453
committed to the department of youth services and diverted from	45454
care and custody in an institution and placed in the	45455
rehabilitation center pursuant to division (E) of section 5139.36	45456
of the Revised Code.	45457

(16) "Secure facility" means any facility that is designed	45458
and operated to ensure that all of its entrances and exits are	45459
under the exclusive control of its staff and to ensure that,	45460
because of that exclusive control, no child who has been	45461
institutionalized in the facility may leave the facility without	45462
permission or supervision.	45463

(17) "Community residential program" means a program that	45464
satisfies both of the following:	45465

(a) It is housed in a building or other structure that has	45466
no associated major restraining construction, including, but not	45467
limited to, a security fence.	45468

(b) It provides twenty-four-hour care, supervision, and	45469
programs for felony delinquents who are in residence.	45470

(18) "Category one offense" and "category two offense" have	45471
the same meanings as in section 2151.26 of the Revised Code.	45472

(19) "Disciplinary time" means additional time that the	45473
department of youth services requires a felony delinquent to serve	45474
in an institution, that delays the felony delinquent's planned	45475
release, and that the department imposes upon the felony	45476
delinquent following the conduct of an internal due process	45477
hearing for having committed any of the following acts while	45478
committed to the department and in the care and custody of an	45479
institution:	45480

(a) An act that if committed by an adult would be a felony;

45481

(b) An act that if committed by an adult would be a	45482
misdemeanor;	45483

(c) An act that is not described in division (A)(19)(a) or	45484
(b) of this section and that violates an institutional rule of	45485
conduct of the department.	45486

(20) "Unruly child" has the same meaning as in section	45487
2151.022 of the Revised Code.	45488

(21) "Revocation" means the act of revoking a child's	45489
supervised release for a violation of a term or condition of the	45490
child's supervised release in accordance with section 5139.52 of	45491
the Revised Code.	45492

(22) "Release authority" means the release authority of the	45493
department of youth services that is established by section	45494
5139.50 of the Revised Code.	45495

(23) "Supervised release" means the event of the release of a	45496
child under this chapter from an institution and the period after	45497
that release during which the child is supervised and assisted by	45498
an employee of the department of youth services under specific	45499
terms and conditions for reintegration of the child into the	45500
community.	45501

(24) "Victim" means the person identified in a police report,	45502
complaint, or information as the victim of an act that would have	45503
been a criminal offense if committed by an adult and that provided	45504
the basis for adjudication proceedings resulting in a child's	45505
commitment to the legal custody of the department of youth	45506
services.	45507

(25) "Victim's representative" means a member of the victim's	45508
family or another person whom the victim or another authorized	45509
person designates in writing, pursuant to section 5139.56 of the	45510
Revised Code, to represent the victim with respect to proceedings	45511
of the release authority of the department of youth services and	45512
with respect to other matters specified in that section.	45513

(26) "Member of the victim's family" means a spouse, child,	45514
stepchild, sibling, parent, stepparent, grandparent, other	45515
relative, or legal guardian of a child but does not include a	45516
person charged with, convicted of, or adjudicated a delinquent	45517
child for committing a criminal or delinquent act against the	45518
victim or another criminal or delinquent act arising out of the	45519
same conduct, criminal or delinquent episode, or plan as the	45520
criminal or delinquent act committed against the victim.	45521

(27) "Judicial release" means a release of a child from	45522
institutional care or institutional care in a secure facility that	45523
is granted by a court pursuant to division (B) of section 2151.38	45524
of the Revised Code during the period specified in that division.	45525

(28) "Early release" means a release of a child from	45526
institutional care or institutional care in a secure facility that	45527
is granted by a court pursuant to division (C) of section 2151.38	45528
of the Revised Code during the period specified in that division.	45529

(29) "Juvenile justice system" includes all of the functions	45530
of the juvenile courts, the department of youth services, any	45531
public or private agency whose purposes include the prevention of	45532
delinquency or the diversion, adjudication, detention, or	45533
rehabilitation of delinquent children, and any of the functions of	45534
the criminal justice system that are applicable to children.	45535

(30) "Metropolitan county criminal justice services agency"	45536
means an agency that is established pursuant to division (A) of	45537
section 181.54 of the Revised Code.	45538

(31) "Administrative planning district" means a district that	45539
is established pursuant to division (A) or (B) of section 181.56	45540
of the Revised Code.	45541

(32) "Criminal justice coordinating council" means a criminal	45542
justice services agency that is established pursuant to division	45543
(D) of section 181.56 of the Revised Code.	45544

(33) "Comprehensive plan" means a document that coordinates,	45545
evaluates, and otherwise assists, on an annual or multi-year	45546
basis, all of the functions of the juvenile justice systems of	45547
the state or a specified area of the state, that conforms to the	45548
priorities of the state with respect to juvenile justice systems,	45549
and that conforms with the requirements of all federal criminal	45550
justice acts. These functions include, but are not limited to,	45551
all of the following:	45552

(a) Delinquency prevention;

45553

(b) Identification, detection, apprehension, and detention	45554
of persons charged with delinquent acts;	45555

(c) Assistance to crime victims or witnesses, except that	45556
the comprehensive plan does not include the functions of the	45557
attorney general pursuant to sections 109.91 and 109.92 of the	45558
Revised Code;	45559

(d) Adjudication or diversion of persons charged with	45560
delinquent acts;	45561

(e) Custodial treatment of delinquent children;

45562

(f) Institutional and noninstitutional rehabilitation of	45563
delinquent children.	45564

(B) There is hereby created the department of youth	45565
services. The governor shall appoint the director of the	45566
department with the advice and consent of the senate. The	45567
director shall hold office during the term of the appointing	45568
governor but subject to removal at the pleasure of the governor.	45569
Except as otherwise authorized in section 108.05 of the Revised	45570
Code, the director shall devote the director's entire time to the	45571
duties of the director's office and shall hold no other office or	45572
position of trust or profit during the director's term of office.	45573

The director is the chief executive and administrative	45574
officer of the department and has all the powers of a department	45575
head set forth in Chapter 121. of the Revised Code. The director	45576
may adopt rules for the government of the department, the conduct	45577
of its officers and employees, the performance of its business,	45578
and the custody, use, and preservation of the department's	45579
records, papers, books, documents, and property. The director	45580
shall be an appointing authority within the meaning of Chapter	45581
124. of the Revised Code. Whenever this or any other chapter or	45582
section of the Revised Code imposes a duty on or requires an	45583
action of the department, the duty or action shall be performed by	45584
the director or, upon the director's order, in the name of the	45585
department.	45586

Sec. 5139.11.  The department of youth services shall do all	45587
of the following:	45588

(A) Through a program of education, promotion, and	45589
organization, form groups of local citizens and assist these	45590
groups in conducting activities aimed at the prevention and	45591
control of juvenile delinquency, making use of local people and	45592
resources for the following purposes:	45593

(1) Combatting local conditions known to contribute to	45594
juvenile delinquency;	45595

(2) Developing recreational and other programs for youth	45596
work;	45597

(3) Providing adult sponsors for delinquent children cases;

45598

(4) Dealing with other related problems of the locality;

45599

(B) Advise local, state, and federal officials, public and	45600
private agencies, and lay groups on the needs for and possible	45601
methods of the reduction and prevention of juvenile delinquency	45602
and the treatment of delinquent children;	45603

(C) Consult with the schools and courts of this state on the	45604
development of programs for the reduction and prevention of	45605
delinquency and the treatment of delinquents;	45606

(D) Cooperate with other agencies whose services deal with	45607
the care and treatment of delinquent children to the end that	45608
delinquent children who are state wards may be assisted whenever	45609
possible to a successful adjustment outside of institutional care;	45610

(E) Cooperate with other agencies in surveying, developing,	45611
and utilizing the recreational resources of a community as a means	45612
of combatting the problem of juvenile delinquency and effectuating	45613
rehabilitation;	45614

(F) Hold district and state conferences from time to time in	45615
order to acquaint the public with current problems of juvenile	45616
delinquency and develop a sense of civic responsibility toward the	45617
prevention of juvenile delinquency;	45618

(G) Assemble and distribute information relating to juvenile	45619
delinquency and report on studies relating to community conditions	45620
that affect the problem of juvenile delinquency;	45621

(H) Assist any community within the state by conducting a	45622
comprehensive survey of the community's available public and	45623
private resources, and recommend methods of establishing a	45624
community program for combatting juvenile delinquency and crime,	45625
but no survey of that type shall be conducted unless local	45626
individuals and groups request it through their local authorities,	45627
and no request of that type shall be interpreted as binding the	45628
community to following the recommendations made as a result of the	45629
request;	45630

(I) Evaluate the rehabilitation of children committed to the	45631
department and prepare and submit periodic reports to the	45632
committing court for the following purposes:	45633

(1) Evaluating the effectiveness of institutional treatment;

45634

(2) Making recommendations for early release where	45635
appropriate and recommending terms and conditions for release;	45636

(3) Reviewing the placement of children and recommending	45637
alternative placements where appropriate.	45638

(J) Coordinate dates for hearings to be conducted under	45639
section 2151.38 of the Revised Code and assist in the transfer and	45640
release of children from institutionalization to the custody of	45641
the committing court;	45642

(K)(1) Coordinate and assist juvenile justice systems by	45643
doing the following:	45644

(a) Performing juvenile justice system planning in the state,	45645
including any planning that is required by any federal law;	45646

(b) Collecting, analyzing, and correlating information and	45647
data concerning the juvenile justice system in the state;	45648

(c) Cooperating with and providing technical assistance to	45649
state departments, administrative planning districts, metropolitan	45650
county criminal justice services agencies, criminal justice	45651
coordinating councils, and agencies, offices, and departments of	45652
the juvenile justice system in the state, and other appropriate	45653
organizations and persons;	45654

(d) Encouraging and assisting agencies, offices, and	45655
departments of the juvenile justice system in the state and other	45656
appropriate organizations and persons to solve problems that	45657
relate to the duties of the department;	45658

(e) Administering within the state any juvenile justice acts	45659
and programs that the governor requires the department to	45660
administer;	45661

(f) Implementing the state comprehensive plans;

45662

(g) Auditing grant activities of agencies, offices,	45663
organizations, and persons that are financed in whole or in part	45664
by funds granted through the department;	45665

(h) Monitoring or evaluating the performance of juvenile	45666
justice system projects and programs in the state that are	45667
financed in whole or in part by funds granted through the	45668
department;	45669

(i) Applying for, allocating, disbursing, and accounting for	45670
grants that are made available pursuant to federal juvenile	45671
justice acts, or made available from other federal, state, or	45672
private sources, to improve the criminal and juvenile justice	45673
systems in the state. All money from federal juvenile justice act	45674
grants shall, if the terms under which the money is received	45675
require that the money be deposited into an interest bearing fund	45676
or account, be deposited in the state treasury to the credit of	45677
the federal juvenile justice program purposes fund, which is	45678
hereby created. All investment earnings shall be credited to the	45679
fund.	45680

(j) Contracting with federal, state, and local agencies,	45681
foundations, corporations, businesses, and persons when necessary	45682
to carry out the duties of the department;	45683

(k) Overseeing the activities of metropolitan county	45684
criminal justice services agencies, administrative planning	45685
districts, and juvenile justice coordinating councils in the	45686
state;	45687

(l) Advising the general assembly and governor on	45688
legislation and other significant matters that pertain to the	45689
improvement and reform of the juvenile justice system in the	45690
state;	45691

(m) Preparing and recommending legislation to the general	45692
assembly and governor for the improvement of the juvenile justice	45693
system in the state;	45694

(n) Assisting, advising, and making any reports that are	45695
required by the governor, attorney general, or general assembly;	45696

(o) Adopting rules pursuant to Chapter 119. of the Revised	45697
Code.	45698

(2) Division (K)(1) of this section does not limit the	45699
discretion or authority of the attorney general with respect to	45700
crime victim assistance and criminal and juvenile justice	45701
programs.	45702

(3) Nothing in division (K)(1) of this section is intended	45703
to diminish or alter the status of the office of the attorney	45704
general as a criminal justice services agency;	45705

(4) The governor may appoint any advisory committees to	45706
assist the department that the governor considers appropriate or	45707
that are required under any state or federal law.	45708

Sec. 5139.29.  The department of youth services shall adopt	45709
and promulgate regulations prescribing the method of calculating	45710
the amount of and the time and manner for the payment of financial	45711
assistance granted under sections 5139.27,and 5139.271, and	45712
5139.28 of the Revised Code, for the construction or acquisition	45713
of a district detention home established under section 2151.34 of	45714
the Revised Code, or for the construction and maintenance of a	45715
school, forestry camp, or other facility established under section	45716
2151.65 of the Revised Code.	45717

Sec. 5139.31.  The department of youth services may inspect	45718
any school, forestry camp, district detention home, or other	45719
facility for which an application for financial assistance has	45720
been made to the department under section 2151.341, 2151.3416, or	45721
2151.651, or 2151.652 of the Revised Code or for which financial	45722
assistance has been granted by the department under section	45723
5139.27, 5139.271, 5139.28, or 5139.281 of the Revised Code. The	45724
inspection may include, but need not be limited to, examination	45725
and evaluation of the physical condition of the school, forestry	45726
camp, district detention home, or other facility, including any	45727
equipment used in connection with it; observation and evaluation	45728
of the training and treatment of children admitted to it;	45729
examination and analysis and copying of any papers, records, or	45730
other documents relating to the qualifications of personnel, the	45731
commitment of children to it, and its administration.	45732

Sec. 5139.87.  There are hereby created in the state	45733
treasury the federal juvenile justice programs funds. A separate	45734
fund shall be established each federal fiscal year. All federal	45735
grants and other moneys received for federal juvenile programs	45736
shall be deposited into the funds. All receipts deposited into	45737
the funds shall be used for federal juvenile programs. All	45738
investment earnings on the cash balance in a federal juvenile	45739
program fund shall be credited to that fund for the appropriate	45740
federal fiscal year.	45741

Sec. 5153.06. The county children services board may enter	45742
into a written contract with the board's executive director	45743
specifying terms and conditions of the executive director's	45744
employment. The executive director shall not be in the classified	45745
civil service. The period of the contract shall not exceed three	45746
years. Such a contract shall in no way abridge the right of the	45747
county children services board to terminate the employment of the	45748
executive director as an unclassified employee at will, but may	45749
specify terms and conditions for any such termination.	45750

Sec. 5153.16.  (A) Except as provided in section 2151.422 of	45751
the Revised Code, in accordance with rules of the department of	45752
job and family services, and on behalf of children in the county	45753
whom the public children services agency considers to be in need	45754
of public care or protective services, the public children	45755
services agency shall do all of the following:	45756

(1) Make an investigation concerning any child alleged to be	45757
an abused, neglected, or dependent child;	45758

(2) Enter into agreements with the parent, guardian, or	45759
other person having legal custody of any child, or with the	45760
department of job and family services, department of mental	45761
health, department of mental retardation and developmental	45762
disabilities, other department, any certified organization within	45763
or outside the county, or any agency or institution outside the	45764
state, having legal custody of any child, with respect to the	45765
custody, care, or placement of any child, or with respect to any	45766
matter, in the interests of the child, provided the permanent	45767
custody of a child shall not be transferred by a parent to the	45768
public children services agency without the consent of the	45769
juvenile court;	45770

(3) Accept custody of children committed to the public	45771
children services agency by a court exercising juvenile	45772
jurisdiction;	45773

(4) Provide such care as the public children services agency	45774
considers to be in the best interests of any child adjudicated to	45775
be an abused, neglected, or dependent child the agency finds to be	45776
in need of public care or service;	45777

(5) Provide social services to any unmarried girl	45778
adjudicated to be an abused, neglected, or dependent child who is	45779
pregnant with or has been delivered of a child;	45780

(6) Make available to the bureau for children with medical	45781
handicaps of the department of health at its request any	45782
information concerning a crippled child found to be in need of	45783
treatment under sections 3701.021 to 3701.028 of the Revised Code	45784
who is receiving services from the public children services	45785
agency;	45786

(7) Provide temporary emergency care for any child	45787
considered by the public children services agency to be in need of	45788
such care, without agreement or commitment;	45789

(8) Find certified foster homes, within or outside the	45790
county, for the care of children, including handicapped children	45791
from other counties attending special schools in the county;	45792

(9) Subject to the approval of the board of county	45793
commissioners and the state department of job and family services,	45794
establish and operate a training school or enter into an agreement	45795
with any municipal corporation or other political subdivision of	45796
the county respecting the operation, acquisition, or maintenance	45797
of any children's home, training school, or other institution for	45798
the care of children maintained by such municipal corporation or	45799
political subdivision;	45800

(10) Acquire and operate a county children's home,	45801
establish, maintain, and operate a receiving home for the	45802
temporary care of children, or procure certified foster homes for	45803
this purpose;	45804

(11) Enter into an agreement with the trustees of any	45805
district children's home, respecting the operation of the district	45806
children's home in cooperation with the other county boards in the	45807
district;	45808

(12) Cooperate with, make its services available to, and act	45809
as the agent of persons, courts, the department of job and family	45810
services, the department of health, and other organizations within	45811
and outside the state, in matters relating to the welfare of	45812
children, except that the public children services agency shall	45813
not be required to provide supervision of or other services	45814
related to the exercise of parenting time rights granted pursuant	45815
to section 3109.051 or 3109.12 of the Revised Code or	45816
companionship or visitation rights granted pursuant to section	45817
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	45818
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	45819
a common pleas court, pursuant to division (E)(6) of section	45820
3113.31 of the Revised Code, requires the provision of supervision	45821
or other services related to the exercise of the parenting time	45822
rights or companionship or visitation rights;	45823

(13) Make investigations at the request of any	45824
superintendent of schools in the county or the principal of any	45825
school concerning the application of any child adjudicated to be	45826
an abused, neglected, or dependent child for release from school,	45827
where such service is not provided through a school attendance	45828
department;	45829

(14) Administer funds provided under Title IV-E of the	45830
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	45831
amended, in accordance with rules adopted under section 5101.141	45832
of the Revised Code;	45833

(15) In addition to administering Title IV-E adoption	45834
assistance funds, enter into agreements to make adoption	45835
assistance payments under section 5153.163 of the Revised Code;	45836

(16) Implement a system of risk assessment, in accordance	45837
with rules adopted by the director of job and family services, to	45838
assist the public children services agency in determining the risk	45839
of abuse or neglect to a child;	45840

(17) Enter into a plan of cooperation with the board of	45841
county commissioners under section 307.983 of the Revised Code and	45842
comply with the partnership agreement the board enters into under	45843
section 307.98 of the Revised Code and contracts the board enters	45844
into under sections 307.981 and 307.982 of the Revised Code that	45845
affect the public children services agency;	45846

(18) Make reasonable efforts to prevent the removal of an	45847
alleged or adjudicated abused, neglected, or dependent child from	45848
the child's home, eliminate the continued removal of the child	45849
from the child's home, or make it possible for the child to return	45850
home safely, except that reasonable efforts of that nature are not	45851
required when a court has made a determination under division	45852
(A)(2) of section 2151.419 of the Revised Code;	45853

(19) Make reasonable efforts to place the child in a timely	45854
manner in accordance with the permanency plan approved under	45855
division (E) of section 2151.417 of the Revised Code and to	45856
complete whatever steps are necessary to finalize the permanent	45857
placement of the child;	45858

(20) Administer a Title IV-A program identified under	45859
division (A)(3)(c) or (d) of section 5101.80 of the Revised Code	45860
that the department of job and family services provides for the	45861
public children services agency to administer under the	45862
department's supervision pursuant to section 5101.801 of the	45863
Revised Code.	45864

(B) The public children services agency shall use the system	45865
implemented pursuant to division (B)(16) of this section in	45866
connection with an investigation undertaken pursuant to division	45867
(F)(1) of section 2151.421 of the Revised Code and may use the	45868
system at any other time the agency is involved with any child	45869
when the agency determines that risk assessment is necessary.	45870

(C) Except as provided in section 2151.422 of the Revised	45871
Code, in accordance with rules of the director of job and family	45872
services, and on behalf of children in the county whom the public	45873
children services agency considers to be in need of public care or	45874
protective services, the public children services agency may do	45875
the following:	45876

(1) Provide or find, with other child serving systems,	45877
specialized foster care for the care of children in a specialized	45878
foster home, as defined in section 5103.02 of the Revised Code,	45879
certified under section 5103.03 of the Revised Code;	45880

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	45881
this section, contract with the following for the purpose of	45882
assisting the agency with its duties:	45883

(i) County departments of job and family services;

45884

(ii) Boards of alcohol, drug addiction, and mental health	45885
services;	45886

(iii) County boards of mental retardation and developmental	45887
disabilities;	45888

(iv) Regional councils of political subdivisions established	45889
under Chapter 167. of the Revised Code;	45890

(v) Private and government providers of services;

45891

(vi) Managed care organizations and prepaid health plans.

45892

(b) A public children services agency contract under	45893
division (C)(2)(a) of this section regarding the agency's duties	45894
under section 2151.421 of the Revised Code may not provide for the	45895
entity under contract with the agency to perform any service not	45896
authorized by the department's rules.	45897

(c) Only a county children services board appointed under	45898
section 5153.03 of the Revised Code that is a public children	45899
services agency may contract under division (C)(2)(a) of this	45900
section. If an entity specified in division (B) or (C) of section	45901
5153.02 of the Revised Code is the public children services agency	45902
for a county, the board of county commissioners may enter into	45903
contracts pursuant to section 307.982 of the Revised Code	45904
regarding the agency's duties.	45905

Sec. 5153.165.  If a family is encountering an emergency	45906
that could lead, or has led, to removal of a child from the	45907
family's home pursuant to Chapter 2151. of the Revised Code, the	45908
public children services agency shall determine whether the child	45909
could remain safely with, or be safely returned to, the family if	45910
the emergency were alleviated by providing assistancebenefits and	45911
services under the prevention, retention, and contingency program	45912
established under Chapter 5108. of the Revised Code. If it is	45913
determined that the child could remain safely with, or be safely	45914
returned to, the family, the agency, with the cooperation of the	45915
child's family, shall determine the amount of assistancebenefits	45916
and services necessary to prevent the removal of the child from	45917
the home or to permit the child's return to the home and may	45918
provide the assistancebenefits and services pursuant to a plan of	45919
cooperation entered into under section 307.983 of the Revised	45920
Code.	45921

Sec. 5153.60.  The department of job and family services	45922
shall establish a statewide program that provides the training	45923
section 5153.122 of the Revised Code requires public children	45924
services agency caseworkers and supervisors to complete. The	45925
program may also provide the preplacement and continuing training	45926
described in sections 5103.039, 5103.0310, and 5103.0311 of the	45927
Revised Code that foster caregivers are required by sections	45928
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.	45929
The program shall be called the "Ohio child welfare training	45930
program."	45931

Sec. 5153.69.  The training program steering committee shall	45932
monitor and evaluate the Ohio child welfare training program to	45933
ensure thatthe following:	45934

(A) That the Ohio child welfare training program is a	45935
competency-based training system that satisfies the training	45936
requirements for public children services agency caseworkers and	45937
supervisors under section 5153.122 of the Revised Code;	45938

(B) That, if the Ohio child welfare training program	45939
provides preplacement or continuing training for foster	45940
caregivers, it meets the same requirements that preplacement	45941
training programs and continuing training programs must meet	45942
pursuant to section 5103.038 of the Revised Code to obtain	45943
approval by the department of job and family services, except that	45944
the Ohio child welfare training program is not required to obtain	45945
department approval.	45946

Sec. 5153.78.  (A) As used in this section:

45947

(1) "Title IV-B" means Title IV-B of the "Social Security Act	45948
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	45949

(2) "Title IV-E" means Title IV-E of the "Social Security	45950
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	45951

(3) "Title XX" has the same meaning as in section 5101.46 of	45952
the Revised Code.	45953

(B) For purposes of adequately funding the Ohio child	45954
welfare training program, the department of job and family	45955
services shallmay use any of the following to adequately fund the	45956
Ohio child welfare training program:	45957

(1) The federal financial participation funds withheld	45958
pursuant to division (D) of section 5101.141 of the Revised Code	45959
in an amount determined by the department;	45960

(2) Funds available under Title XX, Title IV-B, and Title	45961
IV-E to pay for training costs;	45962

(3) Any otherOther available state or federal funds.

45963

Sec. 5703.17. (A) In making an investigation as to any	45964
company, firm, corporation, person, association, partnership, or	45965
public utility subject to the laws which the tax commissioner is	45966
required to administer, the commissioner may appoint by an order	45967
in writing an agent, a tax auditor agent, or a tax auditor agent	45968
manager, whose duties shall be prescribed in such order.	45969

In the discharge of hissuch agent's duties such,the agent	45970
shall have every power of an inquisitorial nature granted by law	45971
to the commissioner, and the same powers as a notary public as to	45972
the taking of depositions, and all powers given by law to a notary	45973
public relative to depositions are hereby given to such agent.	45974

(B) No person shall be appointed as a tax auditor agent or a	45975
tax auditor agent manager, unless that person meets one of the	45976
following requirements:	45977

(1) The person holds from an accredited college or	45978
university a baccalaureate or higher degree in accounting,	45979
business, business administration, public administration, or	45980
management, a doctoral degree in law, a bachelor of laws degree,	45981
or a master of laws degree in taxation.	45982

(2) The person possesses a current certified public	45983
accountant, certified managerial accountant, or certified internal	45984
auditor certificate; a professional tax designation issued by the	45985
institute for professionals in taxation or the international	45986
association of assessing officers; or a designation as an enrolled	45987
agent of the Internal Revenue Service.	45988

(3) The person has accounting, auditing, or taxation	45989
experience that is acceptable to the department of taxation.	45990

(4) The person has experience as a tax commissioner agent,	45991
tax auditor agent, or supervisor of tax agents that is acceptable	45992
to the department of taxation.	45993

Sec. 5703.49. (A) As used in this section, "internet" means	45994
the international computer network of both federal and nonfederal	45995
interoperable packet switched data networks, including the	45996
graphical subnetwork known as the world wide web.	45997

(B) On or before December 31, 2001, the tax commissioner	45998
shall establish an electronic site accessible through the	45999
internet. The tax commissioner shall provide access on the site	46000
for each municipal corporation that has not established its own	46001
electronic site to post documents or information required under	46002
section 718.07 of the Revised Code. The tax commissioner shall	46003
provide electronic links for each municipal corporation that	46004
establishes a site under that section and for which a uniform	46005
resource locator has been provided to the tax commissioner. The	46006
tax commissioner is not responsible for the accuracy of the posted	46007
information, and is not liable for any inaccurate or outdated	46008
information provided by a municipal corporation. The tax	46009
commissioner may adopt rules governing the format and means of	46010
submitting such documents or information and other matters	46011
necessary to implement this section. The tax commissioner may	46012
charge municipal corporations a fee to defray the cost of	46013
establishing and maintaining the electronic site established under	46014
this section.	46015

(C) The tax commissioner shall deposit any fees received	46016
under this section to the credit of the municipal internet site	46017
fund, which is hereby created in the state treasury. The	46018
commissioner shall use the fund for costs of establishing and	46019
maintaining the electronic site established under this section.	46020

Sec. 5705.091.  The board of county commissioners of each	46021
county shall establish a county mental retardation and	46022
developmental disabilities general fund. Notwithstanding sections	46023
5705.09 and 5705.10 of the Revised Code, proceeds from levies	46024
under section 5705.222 and division (L) of section 5705.19 of the	46025
Revised Code shall be deposited to the credit of the county mental	46026
retardation and developmental disabilities general fund. Accounts	46027
shall be established within the county mental retardation and	46028
developmental disabilities general fund for each of the several	46029
particular purposes of the levies as specified in the resolutions	46030
under which the levies were approved, and proceeds from different	46031
levies that were approved for the same particular purpose shall be	46032
credited to accounts for that purpose. Other money received by	46033
the county for the purposes of Chapters 3323. and 5126. of the	46034
Revised Code and not required by state or federal law to be	46035
deposited to the credit of a different fund shall also be	46036
deposited to the credit of the county mental retardation and	46037
developmental disabilities general fund, in an account appropriate	46038
to the particular purpose for which the money was received. Unless	46039
otherwise provided by law, an unexpended balance at the end of a	46040
fiscal year in any account in the county mental retardation and	46041
developmental disabilities general fund shall be appropriated the	46042
next fiscal year to the same fund.	46043

A county board of mental retardation and developmental	46044
disabilities may request, by resolution, that the board of county	46045
commissioners establish a county mental retardation and	46046
developmental disabilities capital fund for money to be used for	46047
acquisition, construction, or improvement of capital facilities or	46048
acquisition of capital equipment used in providing services to	46049
mentally retarded and developmentally disabled persons. The	46050
county board of mental retardation and developmental disabilities	46051
shall transmit a certified copy of the resolution to the board of	46052
county commissioners. Upon receiving the resolution, the board of	46053
county commissioners shall establish a county mental retardation	46054
and developmental disabilities capital fund.	46055

A county board shall request, by resolution, that the board	46056
of county commissioners establish a county MR/DD medicaid reserve	46057
fund. On receipt of the resolution, the board of county	46058
commissioners shall establish a county MR/DD medicaid reserve	46059
fund. The portion of federal revenue funds that the county board	46060
earns for providing habilitation center services, medicaid case	46061
management services, and home and community-based services that is	46062
needed for the county board to pay for extraordinary costs,	46063
including extraordinary costs for services to individuals with	46064
mental retardation or other developmental disability, and ensure	46065
the availability of adequate funds in the event a county property	46066
tax levy for services for individuals with mental retardation or	46067
other developmental disability fails shall be deposited into the	46068
fund. The county board shall use money in the fund for those	46069
purposes in accordance with rules adopted under section 5123.0413	46070
of the Revised Code.	46071

Sec. 5705.19.  This section does not apply to school	46072
districts or county school financing districts.	46073

The taxing authority of any subdivision at any time and in	46074
any year, by vote of two-thirds of all the members of the taxing	46075
authority, may declare by resolution and certify the resolution to	46076
the board of elections not less than seventy-five days before the	46077
election upon which it will be voted that the amount of taxes that	46078
may be raised within the ten-mill limitation will be insufficient	46079
to provide for the necessary requirements of the subdivision and	46080
that it is necessary to levy a tax in excess of that limitation	46081
for any of the following purposes:	46082

(A) For current expenses of the subdivision, except that the	46083
total levy for current expenses of a detention home district or	46084
district organized under section 2151.65 of the Revised Code shall	46085
not exceed two mills and that the total levy for current expenses	46086
of a combined district organized under sections 2151.34 and	46087
2151.65 of the Revised Code shall not exceed four mills;	46088

(B) For the payment of debt charges on certain described	46089
bonds, notes, or certificates of indebtedness of the subdivision	46090
issued subsequent to January 1, 1925;	46091

(C) For the debt charges on all bonds, notes, and	46092
certificates of indebtedness issued and authorized to be issued	46093
prior to January 1, 1925;	46094

(D) For a public library of, or supported by, the	46095
subdivision under whatever law organized or authorized to be	46096
supported;	46097

(E) For a municipal university, not to exceed two mills over	46098
the limitation of one mill prescribed in section 3349.13 of the	46099
Revised Code;	46100

(F) For the construction or acquisition of any specific	46101
permanent improvement or class of improvements that the taxing	46102
authority of the subdivision may include in a single bond issue;	46103

(G) For the general construction, reconstruction,	46104
resurfacing, and repair of streets, roads, and bridges in	46105
municipal corporations, counties, or townships;	46106

(H) For recreational purposes;

46107

(I) For the purpose of providing and maintaining fire	46108
apparatus, appliances, buildings, or sites therefor, or sources of	46109
water supply and materials therefor, or the establishment and	46110
maintenance of lines of fire alarm telegraph, or the payment of	46111
permanent, part-time, or volunteer firefighters or firefighting	46112
companies to operate the same, including the payment of the	46113
firefighter employers' contribution required under section 742.34	46114
of the Revised Code, or the purchase of ambulance equipment, or	46115
the provision of ambulance, paramedic, or other emergency medical	46116
services operated by a fire department or firefighting company;	46117

(J) For the purpose of providing and maintaining motor	46118
vehicles, communications, and other equipment used directly in the	46119
operation of a police department, or the payment of salaries of	46120
permanent police personnel, including the payment of the police	46121
officer employers' contribution required under section 742.33 of	46122
the Revised Code, or the payment of the costs incurred by	46123
townships as a result of contracts made with other political	46124
subdivisions in order to obtain police protection, or the	46125
provision of ambulance or emergency medical services operated by a	46126
police department;	46127

(K) For the maintenance and operation of a county home;

46128

(L) For community mental retardation and developmental	46129
disabilities programs and services pursuant to Chapter 5126. of	46130
the Revised Code, except that the procedure for such levies shall	46131
be as provided in section 5705.222 of the Revised Code;	46132

(M) For regional planning;

46133

(N) For a county's share of the cost of maintaining and	46134
operating schools, district detention homes, forestry camps, or	46135
other facilities, or any combination thereof, established under	46136
section 2151.34 or 2151.65 of the Revised Code or both of those	46137
sections;	46138

(O) For providing for flood defense, providing and	46139
maintaining a flood wall or pumps, and other purposes to prevent	46140
floods;	46141

(P) For maintaining and operating sewage disposal plants and	46142
facilities;	46143

(Q) For the purpose of purchasing, acquiring, constructing,	46144
enlarging, improving, equipping, repairing, maintaining, or	46145
operating, or any combination of the foregoing, a county transit	46146
system pursuant to sections 306.01 to 306.13 of the Revised Code,	46147
or of making any payment to a board of county commissioners	46148
operating a transit system or a county transit board pursuant to	46149
section 306.06 of the Revised Code;	46150

(R) For the subdivision's share of the cost of acquiring or	46151
constructing any schools, forestry camps, detention homes, or	46152
other facilities, or any combination thereof, under section	46153
2151.34 or 2151.65 of the Revised Code or both of those sections;	46154

(S) For the prevention, control, and abatement of air	46155
pollution;	46156

(T) For maintaining and operating cemeteries;

46157

(U) For providing ambulance service, emergency medical	46158
service, or both;	46159

(V) For providing for the collection and disposal of garbage	46160
or refuse, including yard waste;	46161

(W) For the payment of the police officer employers'	46162
contribution or the firefighter employers' contribution required	46163
under sections 742.33 and 742.34 of the Revised Code;	46164

(X) For the construction and maintenance of a drainage	46165
improvement pursuant to section 6131.52 of the Revised Code;	46166

(Y) For providing or maintaining senior citizens services or	46167
facilities as authorized by section 307.694, 307.85, 505.70, or	46168
505.706 or division (EE) of section 717.01 of the Revised Code;	46169

(Z) For the provision and maintenance of zoological park	46170
services and facilities as authorized under section 307.76 of the	46171
Revised Code;	46172

(AA) For the maintenance and operation of a free public	46173
museum of art, science, or history;	46174

(BB) For the establishment and operation of a 9-1-1 system,	46175
as defined in section 4931.40 of the Revised Code;	46176

(CC) For the purpose of acquiring, rehabilitating, or	46177
developing rail property or rail service. As used in this	46178
division, "rail property" and "rail service" have the same	46179
meanings as in section 4981.01 of the Revised Code. This division	46180
applies only to a county, township, or municipal corporation.	46181

(DD) For the purpose of acquiring property for,	46182
constructing, operating, and maintaining community centers as	46183
provided for in section 755.16 of the Revised Code;	46184

(EE) For the creation and operation of an office or joint	46185
office of economic development, for any economic development	46186
purpose of the office, and to otherwise provide for the	46187
establishment and operation of a program of economic development	46188
pursuant to sections 307.07 and 307.64 of the Revised Code;	46189

(FF) For the purpose of acquiring, establishing,	46190
constructing, improving, equipping, maintaining, or operating, or	46191
any combination of the foregoing, a township airport, landing	46192
field, or other air navigation facility pursuant to section 505.15	46193
of the Revised Code;	46194

(GG) For the payment of costs incurred by a township as a	46195
result of a contract made with a county pursuant to section	46196
505.263 of the Revised Code in order to pay all or any part of the	46197
cost of constructing, maintaining, repairing, or operating a water	46198
supply improvement;	46199

(HH) For a board of township trustees to acquire, other than	46200
by appropriation, an ownership interest in land, water, or	46201
wetlands, or to restore or maintain land, water, or wetlands in	46202
which the board has an ownership interest, not for purposes of	46203
recreation, but for the purposes of protecting and preserving the	46204
natural, scenic, open, or wooded condition of the land, water, or	46205
wetlands against modification or encroachment resulting from	46206
occupation, development, or other use, which may be styled as	46207
protecting or preserving "greenspace" in the resolution, notice of	46208
election, or ballot form;	46209

(II) For the support by a county of a crime victim	46210
assistance program that is provided and maintained by a county	46211
agency or a private, nonprofit corporation or association under	46212
section 307.62 of the Revised Code;	46213

(JJ) For any or all of the purposes set forth in divisions	46214
(I) and (J) of this section. This division applies only to a	46215
township.	46216

(KK) For a countywide public safety communications system	46217
under section 307.63 of the Revised Code. This division applies	46218
only to counties.	46219

(LL) For the support by a county of criminal justice	46220
services under section 307.45 of the Revised Code;	46221

(MM) For the purpose of maintaining and operating a jail or	46222
other detention facility as defined in section 2921.01 of the	46223
Revised Code;	46224

(NN) For purchasing, maintaining, or improving, or any	46225
combination of the foregoing, real estate on which to hold	46226
agricultural fairs. This division applies only to a county.	46227

(OO) For constructing, rehabilitating, repairing, or	46228
maintaining sidewalks, walkways, trails, bicycle pathways, or	46229
similar improvements, or acquiring ownership interests in land	46230
necessary for the foregoing improvements, by a board of township	46231
trustees;	46232

(PP) For both of the purposes set forth in divisions (G) and	46233
(OO) of this section. This division applies only to a township.	46234

(QQ) For both of the purposes set forth in divisions (H) and	46235
(HH) of this section. This division applies only to a township.	46236

(RR) For the legislative authority of a municipal	46237
corporation, board of county commissioners of a county, or board	46238
of township trustees of a township to acquire agricultural	46239
easements, as defined in section 5301.67 of the Revised Code, and	46240
to supervise and enforce the easements.	46241

(SS) For both of the purposes set forth in divisions (BB)	46242
and (KK) of this section. This division applies only to a county.	46243

The resolution shall be confined to the purpose or purposes	46244
described in one division of this section, to which the revenue	46245
derived therefrom shall be applied. The existence in any other	46246
division of this section of authority to levy a tax for any part	46247
or all of the same purpose or purposes does not preclude the use	46248
of such revenues for any part of the purpose or purposes of the	46249
division under which the resolution is adopted.	46250

The resolution shall specify the amount of the increase in	46251
rate that it is necessary to levy, the purpose of that increase in	46252
rate, and the number of years during which the increase in rate	46253
shall be in effect, which may or may not include a levy upon the	46254
duplicate of the current year. The number of years may be any	46255
number not exceeding five, except as follows:	46256

(1) When the additional rate is for the payment of debt	46257
charges, the increased rate shall be for the life of the	46258
indebtedness.	46259

(2) When the additional rate is for any of the following,	46260
the increased rate shall be for a continuing period of time:	46261

(a) For the current expenses for a detention home district,	46262
a district organized under section 2151.65 of the Revised Code, or	46263
a combined district organized under sections 2151.34 and 2151.65	46264
of the Revised Code;	46265

(b) For providing a county's share of the cost of	46266
maintaining and operating schools, district detention homes,	46267
forestry camps, or other facilities, or any combination thereof,	46268
established under section 2151.34 or 2151.65 of the Revised Code	46269
or under both of those sections.	46270

(3) When the additional rate is for any of the following,	46271
the increased rate may be for a continuing period of time:	46272

(a) For the purposes set forth in division (I), (J), (U), or	46273
(KK) of this section;	46274

(b) For the maintenance and operation of a joint recreation	46275
district;	46276

(c) A levy imposed by a township for the purposes set forth	46277
in division (G) of this section.	46278

(4) When the increase is for the purpose set forth in	46279
division (D) or (CC) of this section or for both of the purposes	46280
set forth in divisions (G) and (OO) of this section, the tax levy	46281
may be for any specified number of years or for a continuing	46282
period of time, as set forth in the resolution.	46283

(5) When the additional rate is for the purpose described in	46284
division (Z) of this section, the increased rate shall be for any	46285
number of years not exceeding ten.	46286

A levy for the purposes set forth in division (I), (J), or	46287
(U) of this section, and a levy imposed by a township for the	46288
purposes set forth in division (G) of this section, may be reduced	46289
pursuant to section 5705.261 or 5705.31 of the Revised Code. A	46290
levy for the purposes set forth in division (I), (J), or (U) of	46291
this section, and a levy imposed by a township for the purposes	46292
set forth in division (G) of this section, may also be terminated	46293
or permanently reduced by the taxing authority if it adopts a	46294
resolution stating that the continuance of the levy is unnecessary	46295
and the levy shall be terminated or that the millage is excessive	46296
and the levy shall be decreased by a designated amount.	46297

A resolution of a detention home district, a district	46298
organized under section 2151.65 of the Revised Code, or a combined	46299
district organized under both sections 2151.34 and 2151.65 of the	46300
Revised Code may include both current expenses and other purposes,	46301
provided that the resolution shall apportion the annual rate of	46302
levy between the current expenses and the other purpose or	46303
purposes. The apportionment need not be the same for each year of	46304
the levy, but the respective portions of the rate actually levied	46305
each year for the current expenses and the other purpose or	46306
purposes shall be limited by the apportionment.	46307

Whenever a board of county commissioners, acting either as	46308
the taxing authority of its county or as the taxing authority of a	46309
sewer district or subdistrict created under Chapter 6117. of the	46310
Revised Code, by resolution declares it necessary to levy a tax in	46311
excess of the ten-mill limitation for the purpose of constructing,	46312
improving, or extending sewage disposal plants or sewage systems,	46313
the tax may be in effect for any number of years not exceeding	46314
twenty, and the proceeds of the tax, notwithstanding the general	46315
provisions of this section, may be used to pay debt charges on any	46316
obligations issued and outstanding on behalf of the subdivision	46317
for the purposes enumerated in this paragraph, provided that any	46318
such obligations have been specifically described in the	46319
resolution.	46320

The resolution shall go into immediate effect upon its	46321
passage, and no publication of the resolution is necessary other	46322
than that provided for in the notice of election.	46323

When the electors of a subdivision have approved a tax levy	46324
under this section, the taxing authority of the subdivision may	46325
anticipate a fraction of the proceeds of the levy and issue	46326
anticipation notes in accordance with section 5705.191 or 5705.193	46327
of the Revised Code.	46328

Sec. 5705.41.  No subdivision or taxing unit shall:

46329

(A) Make any appropriation of money except as provided in	46330
Chapter 5705. of the Revised Code; provided, that the	46331
authorization of a bond issue shall be deemed to be an	46332
appropriation of the proceeds of the bond issue for the purpose	46333
for which such bonds were issued, but no expenditure shall be made	46334
from any bond fund until first authorized by the taxing authority;	46335

(B) Make any expenditure of money unless it has been	46336
appropriated as provided in such chapter;	46337

(C) Make any expenditure of money except by a proper warrant	46338
drawn against an appropriate fund;	46339

(D)(1) Except as otherwise provided in division (D)(2) of	46340
this section and section 5705.44 of the Revised Code, make any	46341
contract or give any order involving the expenditure of money	46342
unless there is attached thereto a certificate of the fiscal	46343
officer of the subdivision that the amount required to meet the	46344
obligation or, in the case of a continuing contract to be	46345
performed in whole or in part in an ensuing fiscal year, the	46346
amount required to meet the obligation in the fiscal year in which	46347
the contract is made, has been lawfully appropriated for such	46348
purpose and is in the treasury or in process of collection to the	46349
credit of an appropriate fund free from any previous encumbrances.	46350
This certificate need be signed only by the subdivision's fiscal	46351
officer. Every such contract made without such a certificate	46352
shall be void, and no warrant shall be issued in payment of any	46353
amount due thereon. If no certificate is furnished as required,	46354
upon receipt by the taxing authority of the subdivision or taxing	46355
unit of a certificate of the fiscal officer stating that there was	46356
at the time of the making of such contract or order and at the	46357
time of the execution of such certificate a sufficient sum	46358
appropriated for the purpose of such contract and in the treasury	46359
or in process of collection to the credit of an appropriate fund	46360
free from any previous encumbrances, such taxing authority may	46361
authorize the drawing of a warrant in payment of amounts due upon	46362
such contract, but such resolution or ordinance shall be passed	46363
within thirty days from the receipt of such certificate; provided	46364
that, if the amount involved is less than one hundred dollars in	46365
the case of counties or one thousand dollars in the case of all	46366
other subdivisions or taxing units, the fiscal officer may	46367
authorize it to be paid without such affirmation of the taxing	46368
authority of the subdivision or taxing unit, if such expenditure	46369
is otherwise valid.	46370

(2) Annually, the board of county commissioners may adopt a	46371
resolution exempting for the current fiscal year county purchases	46372
of seven hundred fifty dollars or less from the requirement of	46373
division (D)(1) of this section that a certificate be attached to	46374
any contract or order involving the expenditure of money. The	46375
resolution shall state the dollar amount that is exempted from the	46376
certificate requirement and whether the exemption applies to all	46377
purchases, to one or more specific classes of purchases, or to the	46378
purchase of one or more specific items. Prior to the adoption of	46379
the resolution, the board shall give written notice to the county	46380
auditor that it intends to adopt the resolution. The notice shall	46381
state the dollar amount that is proposed to be exempted and	46382
whether the exemption would apply to all purchases, to one or more	46383
specific classes of purchases, or to the purchase of one or more	46384
specific items. The county auditor may review and comment on the	46385
proposal, and shall send any comments to the board within fifteen	46386
days after receiving the notice. The board shall wait at least	46387
fifteen days after giving the notice to the auditor before	46388
adopting the resolution. A person authorized to make a county	46389
purchase in a county that has adopted such a resolution shall	46390
prepare and file with the county auditor, within three business	46391
days after incurring an obligation not requiring a certificate, a	46392
written document specifying the purpose and amount of the	46393
expenditure, the date of the purchase, the name of the vendor, and	46394
such additional information as the auditor of state may prescribe.	46395

(3) Upon certification by the auditor or other chief fiscal	46396
officer that a certain sum of money, not in excess of five	46397
thousand dollars, has been lawfully appropriated, authorized, or	46398
directed for a certain purpose and is in the treasury or in the	46399
process of collection to the credit of a specific line-item	46400
appropriation account in a certain fund free from previous and	46401
then outstanding obligations or certifications, then for such	46402
purpose and from such line-item appropriation account in such	46403
fund, over a period not exceeding three months and not extending	46404
beyond the end of the fiscal year, expenditures may be made,	46405
orders for payment issued, and contracts or obligations calling	46406
for or requiring the payment of money made and assumed; provided,	46407
that the aggregate sum of money included in and called for by such	46408
expenditures, orders, contracts, and obligations shall not exceed	46409
the sum so certified. Such a certification need be signed only by	46410
the fiscal officer of the subdivision or the taxing district and	46411
may, but need not, be limited to a specific vendor. An itemized	46412
statement of obligations incurred and expenditures made under such	46413
certificate shall be rendered to the auditor or other chief fiscal	46414
officer before another such certificate may be issued, and not	46415
more than one such certificate shall be outstanding at a time.	46416

In addition to providing the certification for expenditures	46417
of five thousand dollars or less as provided in this division, a	46418
subdivision also may make expenditures, issue orders for payment,	46419
and make contracts or obligations calling for or requiring the	46420
payment of money made and assumed for specified permitted purposes	46421
from a specific line-item appropriation account in a specified	46422
fund for a sum of money exceeding five thousand dollars upon the	46423
certification by the fiscal officer of the subdivision that this	46424
sum of money has been lawfully appropriated, authorized, or	46425
directed for a permitted purpose and is in the treasury or in the	46426
process of collection to the credit of the specific line-item	46427
appropriation account in the specified fund free from previous and	46428
then-outstanding obligations or certifications; provided that the	46429
aggregate sum of money included in and called for by the	46430
expenditures, orders, and obligations shall not exceed the	46431
certified sum. The purposes for which a subdivision may lawfully	46432
appropriate, authorize, or issue such a certificate are the	46433
services of an accountant, architect, attorney at law, physician,	46434
professional engineer, construction project manager, consultant,	46435
surveyor, or appraiser by or on behalf of the subdivision or	46436
contracting authority; fuel oil, gasoline, food items, roadway	46437
materials, and utilities; and any purchases exempt from	46438
competitive bidding under section 125.04 of the Revised Code and	46439
any other specific expenditure that is a recurring and reasonably	46440
predictable operating expense. Such a certification shall not	46441
extend beyond the end of the fiscal year or, in the case of a	46442
board of county commissioners that has established a quarterly	46443
spending plan under section 5705.392 of the Revised Code, beyond	46444
the quarter to which the plan applies. Such a certificate shall	46445
be signed by the fiscal officer and may, but need not, be limited	46446
to a specific vendor. An itemized statement of obligations	46447
incurred and expenditures made under such a certificate shall be	46448
rendered to the fiscal officer for each certificate issued. More	46449
than one such certificate may be outstanding at any time.	46450

In any case in which a contract is entered into upon a per	46451
unit basis, the head of the department, board, or commission for	46452
the benefit of which the contract is made shall make an estimate	46453
of the total amount to become due upon such contract, which	46454
estimate shall be certified in writing to the fiscal officer of	46455
the subdivision. Such a contract may be entered into if the	46456
appropriation covers such estimate, or so much thereof as may be	46457
due during the current year. In such a case the certificate of	46458
the fiscal officer based upon the estimate shall be a sufficient	46459
compliance with the law requiring a certificate.	46460

Any certificate of the fiscal officer attached to a contract	46461
shall be binding upon the political subdivision as to the facts	46462
set forth therein. Upon request of any person receiving an order	46463
or entering into a contract with any political subdivision, the	46464
certificate of the fiscal officer shall be attached to such order	46465
or contract. "Contract" as used in this section excludes current	46466
payrolls of regular employees and officers.	46467

Taxes and other revenue in process of collection, or the	46468
proceeds to be derived from authorized bonds, notes, or	46469
certificates of indebtedness sold and in process of delivery,	46470
shall for the purpose of this section be deemed in the treasury or	46471
in process of collection and in the appropriate fund. This	46472
section applies neither to the investment of sinking funds by the	46473
trustees of such funds, nor to investments made under sections	46474
731.56 to 731.59 of the Revised Code.	46475

No district authority shall, in transacting its own affairs,	46476
do any of the things prohibited to a subdivision by this section,	46477
but the appropriation referred to shall become the appropriation	46478
by the district authority, and the fiscal officer referred to	46479
shall mean the fiscal officer of the district authority.	46480

Sec. 5705.44.  When contracts or leases run beyond the	46481
termination of the fiscal year in which they are made, the fiscal	46482
officer of the taxing authority shall make a certification for the	46483
amount required to meet the obligation of such contract or lease	46484
maturing in such fiscal year. The amount of the obligation under	46485
such contract or lease remaining unfulfilled at the end of a	46486
fiscal year, and which will become payable during the next fiscal	46487
year, shall be included in the annual appropriation measure for	46488
the next year as a fixed charge.	46489

The certificate required by section 5705.41 of the Revised	46490
Code as to money in the treasury shall not be required for	46491
contracts on which payments are to be made from the earnings of a	46492
publicly operated water works or public utility, but in the case	46493
of any such contract made without such certification, no payment	46494
shall be made on account thereof, and no claim or demand thereon	46495
shall be recoverable, except out of such earnings. That	46496
certificate also shall not be required if requiring the	46497
certificate makes it impossible for a county board of mental	46498
retardation and developmental disabilities to pay the nonfederal	46499
share of medicaid expenditures that the county board is required	46500
by division (A) of section 5126.056 of the Revised Code to pay.	46501

Sec. 5709.17. (A) Real estate held or occupied by an	46502
association or corporation, organized or incorporated under the	46503
laws of this state relative to soldiers' memorial associations,	46504
monumental building associations, or cemetery associations or	46505
corporations, which in the opinion of the trustees, directors, or	46506
managers thereof is necessary and proper to carry out the object	46507
intended for such association or corporation, shall be exempt from	46508
taxation.	46509

(B) Real estate and tangible personal property held or	46510
occupied by a war veterans' organization, which is organized	46511
exclusively for charitable purposes and incorporated under the	46512
laws of this state or the United States, except real estate held	46513
by such organization for the production of rental income, shall be	46514
exempt from taxation.	46515

(C) Tangible personal property held by a corporation	46516
chartered under 112 Stat. 1335, 36 U.S.C.A. 40701, described in	46517
section 501(c)(3) of the Internal Revenue Code, and exempt from	46518
taxation under section 501(a) of the Internal Revenue Code shall	46519
be exempt from taxation if it is surplus property obtained as	46520
described in 112 Stat. 1340, 36 U.S.C.A. 40730.	46521

Sec. 5711.33.  (A)(1) When a county treasurer receives a	46522
certificate from a county auditor pursuant to division (A) of	46523
section 5711.32 of the Revised Code charging the treasurer with	46524
the collection of an amount of taxes due as the result of a	46525
deficiency assessment, the treasurer shall immediately prepare and	46526
mail a tax bill to the taxpayer owing such tax. The tax bill	46527
shall contain the name of the taxpayer; the taxable value, tax	46528
rate, and taxes charged for each year being assessed; the total	46529
amount of taxes due; the final date payment may be made without	46530
additional penalty; and any other information the treasurer	46531
considers pertinent or necessary. Taxes due and payable as a	46532
result of a deficiency assessment, less any amount specifically	46533
excepted from collection under division (B) of section 5711.32 of	46534
the Revised Code, shall be paid with interest thereon as	46535
prescribed by section 5719.041 of the Revised Code on or before	46536
the sixtieth day following the date of issuance of the certificate	46537
by the county auditor. The balance of taxes found due and payable	46538
after a final determination by the tax commissioner or a final	46539
judgment of the board of tax appeals or any court to which such	46540
final judgment may be appealed, shall be paid with interest	46541
thereon as prescribed by section 5719.041 of the Revised Code on	46542
or before the sixtieth day following the date of certification by	46543
the auditor to the treasurer pursuant to division (C) of section	46544
5711.32 of the Revised Code of such final determination or	46545
judgment. Such final dates for payment shall be determined and	46546
exhibited on the tax bill by the treasurer.	46547

(2) If, on or before the sixtieth day following the date of	46548
a certification of a deficiency assessment under division (A) of	46549
section 5711.32 of the Revised Code or of a certification of a	46550
final determination or judgment under division (C) of section	46551
5711.32 of the Revised Code, the taxpayer pays the full amount of	46552
taxes and interest due at the time of the receipt of certification	46553
with respect to that assessment, determination, or judgment, no	46554
interest shall accrue or be charged with respect to that	46555
assessment, determination, or judgment for the period that begins	46556
on the first day of the month in which the certification is made	46557
and that ends on the last day of the month preceding the month in	46558
which such sixtieth day occurs.	46559

(3) In addition to any other means provided by law for the	46560
collection of such taxes, the county treasurer may enter into a	46561
written tax contract with a taxpayer charged with the payment of	46562
taxes as a result of a deficiency assessment issued under division	46563
(A) of section 5711.32 of the Revised Code whereby the taxpayer is	46564
permitted to pay the full amount of those taxes in installments.	46565
Such a contract may not be entered into later than the sixtieth	46566
day after the day the assessment is issued. The terms of the tax	46567
contract shall include the amount payable and the due date of each	46568
installment including the final payment date, which shall be not	46569
more than five years after the date of the first payment. A	46570
receipt shall be issued for each installment payment when paid.	46571
Each payment shall be applied to the taxes and interest in the	46572
same order as each became due and shall be apportioned among the	46573
various funds for which the taxes were levied at the next	46574
succeeding tax settlement. When a payment is not tendered as	46575
agreed upon, the treasurer shall declare the tax contract to be	46576
void and proceed to collect the unpaid balance by any means	46577
provided by law. When the treasurer declares a tax contract to be	46578
void, the remaining tax and interest due becomes delinquent, and	46579
the penalty provided by division (B) of this section shall be	46580
imposed on that remaining tax and interest due. The treasurer may	46581
permit a delinquent tax contract to be undertaken on any	46582
delinquent tax due as provided in section 5719.05 of the Revised	46583
Code.	46584

(B) When the taxes charged, as mentioned in division (A) of	46585
this section, are not paid within the time prescribed by such	46586
division or if a tax contract is not entered into as provided in	46587
division (A)(3) of this section, a penalty of ten per cent of the	46588
amount due and unpaid and interest for the period described in	46589
division (A)(2) of this section shall accrue at the time the	46590
treasurer closes the treasurer's office for business on the last	46591
day so prescribed, but if the taxes are paid within ten days	46592
subsequent to the last day prescribed, the treasurer shall waive	46593
the collection of and the auditor shall remit one-half of the	46594
penalty. The treasurer shall not thereafter accept less than the	46595
full amount of taxes and penalty except as otherwise authorized by	46596
law. Such penalty shall be distributed in the same manner and at	46597
the same time as the tax upon which it has accrued. The whole	46598
amount collected shall be included in the next succeeding	46599
settlement of appropriate taxes.	46600

(C) When the taxes charged, as mentioned in division (A) of	46601
this section, remain unpaid after the final date for payment	46602
prescribed by such division, such charges shall be deemed to be	46603
delinquent taxes. The county auditor shall cause such charges,	46604
including the penalty that has accrued pursuant to this section,	46605
to be added to the delinquent tax duplicate in accordance with	46606
section 5719.04 of the Revised Code.	46607

(D) The county auditor, upon consultation with the county	46608
treasurer, shall remit a penalty imposed under division (B) of	46609
this section or division (C) of section 5719.03 of the Revised	46610
Code for the late payment of taxes when:	46611

(1) The taxpayer could not make timely payment of the tax	46612
because of the negligence or error of the auditor or treasurer in	46613
the performance of a statutory duty relating to the levy or	46614
collection of such tax.	46615

(2) In cases other than those described in division (D)(1)	46616
of this section, the taxpayer failed to receive a tax bill or a	46617
correct tax bill, and the taxpayer made a good faith effort to	46618
obtain such bill within thirty days after the last day for payment	46619
of the tax.	46620

(3) The tax was not timely paid because of the death or	46621
serious injury of the taxpayer, or the taxpayer's confinement in a	46622
hospital within sixty days preceding the last day for payment of	46623
the tax if, in any case, the tax was subsequently paid within	46624
sixty days after the last day for payment of such tax.	46625

(4) The taxpayer demonstrates to the satisfaction of the	46626
auditor that the full payment was properly deposited in the mail	46627
in sufficient time for the envelope to be postmarked by the United	46628
States postal service on or before the last day for payment of	46629
such tax. A private meter postmark on an envelope is not a valid	46630
postmark for purposes of establishing the date of payment of such	46631
tax.	46632

(E) The taxpayer, upon application, may request the tax	46633
commissioner to review the denial of the remission of a penalty by	46634
the auditor. The commissioner shall consider the application,	46635
determine whether the penalty should be remitted, and certify the	46636
determination to the taxpayer and to the treasurer and auditor who	46637
shall correct the tax list and duplicate accordingly. The	46638
commissioner shall issue orders and instructions for the uniform	46639
implementation of this section by all auditors and treasurers, and	46640
such orders and instructions shall be followed by such officers.	46641

Sec. 5721.30.  As used in sections 5721.30 to 5721.42 of the	46642
Revised Code:	46643

(A) "Tax certificate," "certificate," or "duplicate	46644
certificate" means a document which may be issued as a physical	46645
certificate, in book-entry form, or through an electronic medium,	46646
at the discretion of the county treasurer. Such document shall	46647
contain the information required by section 5721.31 of the Revised	46648
Code and shall be prepared, transferred, or redeemed in the manner	46649
prescribed by sections 5721.30 to 5721.41 of the Revised Code. As	46650
used in those sections, "tax certificate," "certificate," and	46651
"duplicate certificate" do not refer to the delinquent land tax	46652
certificate or the delinquent vacant land tax certificate issued	46653
under section 5721.13 of the Revised Code.	46654

(B) "Certificate parcel" means the parcel of delinquent land	46655
that is the subject of and is described in a tax certificate.	46656

(C) "Certificate holder" means a person who purchases a tax	46657
certificate under section 5721.32 or 5721.33 of the Revised Code,	46658
or a person to whom a tax certificate has been transferred	46659
pursuant to section 5721.36 of the Revised Code.	46660

(D) "Certificate purchase price" means, with respect to the	46661
sale of tax certificates under sections 5721.32 and 5721.33 of the	46662
Revised Code, the amount equal to delinquent taxes, assessments,	46663
penalties, and interest computed under section 323.121 of the	46664
Revised Code charged against a certificate parcel at the time the	46665
tax certificate respecting that parcel is sold, not including any	46666
delinquent taxes, assessments, penalties, interest, and charges,	46667
the lien for which has been conveyed to a certificate holder	46668
through a prior sale of a tax certificate respecting that parcel;	46669
provided, however, that payment of the certificate purchase price	46670
in a sale under section 5721.33 of the Revised Code may be made	46671
wholly in cash or partially in cash and partially by noncash	46672
consideration acceptable to the county treasurer from the	46673
purchaser. In the event that any such noncash consideration is	46674
delivered to pay a portion of the certificate purchase price, such	46675
noncash consideration may be subordinate to the rights of the	46676
holders of other obligations whose proceeds paid the cash portion	46677
of the certificate purchase price.	46678

"Certificate purchase price" also includes the amount of the	46679
fee charged by the county treasurer to the purchaser of the	46680
certificate under division (H) of section 5721.32 of the Revised	46681
Code.	46682

(E) With respect to a sale of tax certificates under section	46683
5721.32 of the Revised Code and except as provided in division	46684
(E)(3) of this section, "certificate redemption price" means the	46685
amount determined under division (E)(1) or (2) of this section.	46686

(1) During the first year after the date on which a tax	46687
certificate is sold, the sum of the following:	46688

(a) The certificate purchase price;

46689

(b) The greater of the following:

46690

(i) Interest, at the certificate rate of interest, accruing	46691
during the certificate interest period on the certificate purchase	46692
price;	46693

(ii) Six per cent of the certificate purchase price.

46694

(c) The fee charged by the county treasurer to the purchaser	46695
of the certificate under division (H) of section 5721.32 of the	46696
Revised Code.	46697

(2) After the first year after the date on which a tax	46698
certificate is sold, the sum of the following:	46699

(a)(i) If division (E)(1)(b)(i) applied during the first	46700
year, the certificate purchase price;	46701

(ii) If division (E)(1)(b)(ii) applied during the first	46702
year, the sum of the certificate purchase price plus six per cent	46703
of the certificate purchase price.	46704

(b)(i) If division (E)(1)(b)(i) applied during the first	46705
year, interest at the certificate rate of interest accruing during	46706
the certificate interest period on the certificate purchase price;	46707

(ii) If division (E)(1)(b)(ii) applied during the first	46708
year, interest at the certificate rate of interest, accruing	46709
during the part of the certificate interest period that begins one	46710
year after the date of the sale of the certificate, on the sum of	46711
the certificate purchase price plus six per cent of the	46712
certificate purchase price.	46713

(c) The fee charged by the county treasurer to the purchaser	46714
of the certificate under division (H) of section 5721.32 of the	46715
Revised Code.	46716

(3) If the certificate rate of interest equals zero, the	46717
certificate redemption price equals the certificate purchase price	46718
plus the fee charged by the county treasurer to the purchaser of	46719
the certificate under division (H) of section 5721.32 of the	46720
Revised Code.	46721

(F) With respect to a sale of tax certificates under section	46722
5721.33 of the Revised Code, "certificate redemption price" means	46723
the amount equal to the sum of the following:	46724

(1) The certificate purchase price;

46725

(2) Interest accrued on the certificate purchase price at	46726
the certificate rate of interest from the date on which a tax	46727
certificate is delivered through and including the day immediately	46728
preceding the day on which the certificate redemption price is	46729
paid;	46730

(3) The fee, if any, charged by the county treasurer to the	46731
purchaser of the certificate under division (J) of section 5721.33	46732
of the Revised Code;	46733

(4) Any other fees charged by any county office in	46734
connection with the recording of tax certificates.	46735

(G) "Certificate rate of interest" means the rate of simple	46736
interest per year bid by the winning bidder in an auction of a tax	46737
certificate held under section 5721.32 of the Revised Code, or the	46738
rate of simple interest per year not to exceed eighteen per cent	46739
per year fixed by the county treasurer with respect to any tax	46740
certificate sold pursuant to a negotiated sale under section	46741
5721.33 of the Revised Code.	46742

(H) "Cash" means United States currency, certified checks,	46743
money orders, bank drafts, or electronic transfer of funds, and	46744
excludes any other form of payment.	46745

(I) "The date on which a tax certificate is sold," "the date	46746
the certificate was sold," "the date the certificate is	46747
purchased," and any other phrase of similar content mean, with	46748
respect to a sale pursuant to an auction under section 5721.32 of	46749
the Revised Code, the date designated by the county treasurer for	46750
the submission of bids and, with respect to a negotiated sale	46751
under section 5721.33 of the Revised Code, the date of delivery of	46752
the tax certificates to the purchasers thereof pursuant to a tax	46753
certificate sale/purchase agreement.	46754

(J) "Purchaser of a tax certificate pursuant to section	46755
5721.32 of the Revised Code" means the winning bidder in an	46756
auction of a tax certificate held under section 5721.32 of the	46757
Revised Code.	46758

(K) "Certificate interest period" means, with respect to a	46759
tax certificate sold under section 5721.32 of the Revised Code,	46760
the period beginning on the date the certificate is purchased and,	46761
with respect to a tax certificate sold under section 5721.33 of	46762
the Revised Code, the period beginning on the date of delivery of	46763
the tax certificate, and in either case ending on one of the	46764
following dates:	46765

(1) In the case of foreclosure proceedings instituted under	46766
section 5721.37 of the Revised Code, the date the certificate	46767
holder submits a payment to the treasurer under division (B) of	46768
that section;	46769

(2) In the case of a certificate parcel redeemed under	46770
division (A) or (C) of section 5721.38 of the Revised Code, the	46771
date the owner of record of the certificate parcel, or any other	46772
person entitled to redeem that parcel, pays to the county	46773
treasurer or to the certificate holder, as applicable, the full	46774
amount determined under that section.	46775

(L) "County treasurer" means, with respect to the sale of tax	46776
certificates under section 5721.32, or 5721.33 of the Revised	46777
Code, the county treasurer of a county having a population of at	46778
least two hundred thousand according to the then most recent	46779
federal decennial census and, with respect to the sale of tax	46780
certificates under section 5721.33 of the Revised Code, the county	46781
treasurer of a county having a population of at least one million	46782
four hundred thousand according to the then most recent federal	46783
decennial census.	46784

(M) "Qualified trustee" means a trust company within the	46785
state or a bank having the power of a trust company within the	46786
state with a combined capital stock, surplus, and undivided	46787
profits of at least one hundred million dollars.	46788

(N) "Tax certificate sale/purchase agreement" means the	46789
purchase and sale agreement described in division (C) of section	46790
5721.33 of the Revised Code setting forth the certificate purchase	46791
price, plus any applicable premium or less any applicable	46792
discount, including, without limitation, the amount thereof to be	46793
paid in cash and the amount and nature of any noncash	46794
consideration, the date of delivery of the tax certificates, and	46795
the other terms and conditions of the sale, including, without	46796
limitation, the rate of interest that the tax certificates shall	46797
bear.	46798

(O) "Noncash consideration" means any form of consideration	46799
other than cash, including, but not limited to, promissory notes	46800
whether subordinate or otherwise.	46801

(P) "Private attorney" means for purposes of section 5721.37	46802
of the Revised Code, any attorney licensed to practice law in this	46803
state, whether practicing with a firm of attorneys or otherwise,	46804
whose license has not been revoked or otherwise suspended and who	46805
brings foreclosure proceedings pursuant to section 5721.37 of the	46806
Revised Code on behalf of a certificate holder.	46807

(Q) "Related certificate parcel" means, with respect to a	46808
certificate holder, the certificate parcel with respect to which	46809
the certificate holder has purchased and holds a tax certificate	46810
pursuant to sections 5721.30 to 5721.41 of the Revised Code and,	46811
with respect to a tax certificate, the certificate parcel against	46812
which the tax certificate has been sold pursuant to those	46813
sections.	46814

Sec. 5725.31.  (A) As used in this section:

46815

(1) "Eligible employee" and "eligible training costs" have	46816
the same meanings as in section 5733.42 of the Revised Code.	46817

(2) "Tax assessed under this chapter" means, in the case of a	46818
dealer in intangibles, the tax assessed under sections 5725.13 to	46819
5725.17 of the Revised Code and, in the case of a domestic	46820
insurance company, the taxes assessed under sections 5725.18 to	46821
5725.26 of the Revised Code.	46822

(3) "Taxpayer" means a dealer in intangibles or a domestic	46823
insurance company subject to a tax assessed under this chapter.	46824

(4) "Credit period" means, in the case of a dealer in	46825
intangibles, the calendar year ending on the thirty-first day of	46826
December next preceding the day the report is required to be	46827
returned under section 5725.14 of the Revised Code and, in the	46828
case of a domestic insurance company, the calendar year ending on	46829
the thirty-first day of December next preceding the day the annual	46830
statement is required to be returned under section 5725.18 or	46831
5725.181 of the Revised Code.	46832

(B) There is hereby allowed a nonrefundable credit against	46833
the tax imposed under this chapter for a taxpayer for which a tax	46834
credit certificate is issued under section 5733.42 of the Revised	46835
Code. The credit may be claimed for credit periods beginning on	46836
or after January 1, 20012003, and ending on or before December	46837
31, 20032005. The amount of the credit for the credit period	46838
beginning on January 1, 2003, shall equal one-half of the average	46839
of the eligible training costs paid or incurred by the taxpayer	46840
during the three calendar years immediately preceding the credit	46841
period for which the credit is claimed1998, 1999, and 2000, not	46842
to exceed one thousand dollars for each eligible employee on	46843
account of whom eligible training costs were paid or incurred by	46844
the taxpayer. The amount of the credit for the credit period	46845
beginning on January 1, 2004, shall equal one-half of the average	46846
of the eligible training costs paid or incurred by the taxpayer	46847
during calendar years 2002, 2003, and 2004, not to exceed one	46848
thousand dollars for each eligible employee on account of whom	46849
eligible training costs were paid or incurred by the taxpayer. The	46850
amount of the credit for the credit period beginning on January 1,	46851
2005, shall equal one-half of the average of the eligible training	46852
costs paid or incurred by the taxpayer during calendar years 2003,	46853
2004, and 2005, not to exceed one thousand dollars for each	46854
eligible employee on account of whom eligible training costs were	46855
paid or incurred by the taxpayer. The credit claimed by a taxpayer	46856
each credit period shall not exceed one hundred thousand dollars.	46857

A taxpayer shall apply to the director of job and family	46858
services for a tax credit certificate in the manner prescribed by	46859
division (C) of section 5733.42 of the Revised Code. Divisions	46860
(C) to (H) of that section govern the tax credit allowed by this	46861
section, except that "credit period" shall be substituted for "tax	46862
year with respect to a calendar year" wherever that phrase appears	46863
in those divisions and that a taxpayer under this section shall be	46864
considered a taxpayer for the purposes of that section.	46865

A taxpayer may carry forward the credit allowed under this	46866
section to the extent that the credit exceeds the taxpayer's tax	46867
due for the credit period. The taxpayer may carry the excess	46868
credit forward for three credit periods following the credit	46869
period for which the credit is first claimed under this section.	46870
The credit allowed by this section is in addition to any credit	46871
allowed under section 5729.031 of the Revised Code.	46872

Sec. 5727.25.  (A) Except as provided in division (B) of	46873
this section, within forty-five days after the last day of March,	46874
June, September, and December, each natural gas company or	46875
combined company subject to the excise tax imposed by section	46876
5727.24 of the Revised Code shall file a return with the treasurer	46877
of statetax commissioner, in such form as the tax commissioner	46878
prescribes, and pay the full amount of the tax due on its taxable	46879
gross receipts for the preceding calendar quarter, except that the	46880
first payment of this tax shall be made on or before November 15,	46881
2000, for the five-month period of May 1, 2000, to September 30,	46882
2000. All payments made under this division shall be made by	46883
electronic funds transfer in accordance with section 5727.311 of	46884
the Revised Code.	46885

(B) Any natural gas company or combined company subject to	46886
the excise tax imposed by this section that has an annual tax	46887
liability for the preceding calendar year ending on the	46888
thirty-first day of December of less than three hundred	46889
twenty-five thousand dollars may elect to file an annual return	46890
with the treasurer of statetax commissioner, in such form as the	46891
tax commissioner prescribes, for the next year. A company that	46892
elects to file an annual return for the calendar year shall file	46893
the return and remit the taxes due on its taxable gross receipts	46894
within forty-five days after the thirty-first day of December. The	46895
first payment of the tax under this division shall be made on or	46896
before February 14, 2001, for the period of May 1, 2000, to	46897
December 31, 2000. The minimum tax for a natural gas company or	46898
combined company subject to this division shall be fifty dollars,	46899
and the company shall not be required to remit the tax due by	46900
electronic funds transfer.	46901

(C) A return required to be filed under division (A) or (B)	46902
of this section shall show the amount of tax due from the company	46903
for the period covered by the return and any other information as	46904
prescribed by the tax commissioner. A return shall be considered	46905
filed when received by the treasurer of statetax commissioner.	46906
The commissioner may extend the time for making and filing returns	46907
and paying the tax.	46908

(D) Any natural gas company or combined company that fails	46909
to file a return or pay the full amount of the tax due within the	46910
period prescribed under this section shall pay an additional	46911
charge of fifty dollars or ten per cent of the tax required to be	46912
paid for the reporting period, whichever is greater. If any tax	46913
due is not paid timely in accordance with this section, the	46914
company liable for the tax shall pay interest, calculated at the	46915
rate per annum prescribed by section 5703.47 of the Revised Code,	46916
from the date the tax payment was due to the date of payment or to	46917
the date an assessment was issued, whichever occurs first. The	46918
tax commissioner may collect any additional charge or interest	46919
imposed by this section by assessment in the manner provided in	46920
section 5727.26 of the Revised Code. The commissioner may abate	46921
all or a portion of the additional charge and may adopt rules	46922
governing such abatements.	46923

(E) The tax commissioner shall immediately forward to the	46924
treasurer of state any amounts that the commissioner receives	46925
under this section. The taxes, additional charges, penalties, and	46926
interest collected under sections 5727.24 to 5727.29 of the	46927
Revised Code shall be credited in accordance with section 5727.45	46928
of the Revised Code.	46929

Sec. 5727.26.  (A) The tax commissioner may make an	46930
assessment, based on any information in the commissioner's	46931
possession, against any natural gas company or combined company	46932
that fails to file a return or pay any tax, interest, or	46933
additional charge as required by sections 5727.24 to 5727.29 of	46934
the Revised Code. The commissioner shall give the company	46935
assessed written notice of the assessment as provided in section	46936
5703.37 of the Revised Code. A penalty of up to fifteen per cent	46937
may be added to all amounts assessed under this section. The tax	46938
commissioner may adopt rules providing for the imposition and	46939
remission of the penalty.	46940

(B) If a party to whom the notice of assessment is directed	46941
objects to the assessment, the party may file a petition for	46942
reassessment with the tax commissioner. The petition must be made	46943
in writing, signed by the party or the party's authorized agent	46944
having knowledge of the facts, and filed with the commissioner,	46945
either personally or by certified mail, within sixty days after	46946
service of the notice of assessment. The petition shall indicate	46947
the objections of the company assessed, but additional objections	46948
may be raised in writing if received prior to the date shown on	46949
the final determination of the commissioner. Upon receipt of a	46950
properly filed petition, the commissioner shallmay notify the	46951
treasurer of state.	46952

Unless the petitioner waives a hearing, the commissioner	46953
shall grant the petitioner a hearing on the petition, assign a	46954
time and place for the hearing, and notify the petitioner of the	46955
time and place of the hearing as provided in section 5703.37 of	46956
the Revised Code. The commissioner may continue the hearing from	46957
time to time, if necessary.	46958

If the party to whom the notice of assessment is directed	46959
does not file a petition for reassessment, the assessment is final	46960
and the amount of the assessment is due and payable from the	46961
company assessed to the treasurer of state. The company assessed	46962
shall make the payment payable to the treasurer of state and shall	46963
deliver the payment to the tax commissioner.	46964

(C) The tax commissioner may make any correction to the	46965
assessment that the commissioner finds proper and shall issue a	46966
final determination thereon. The commissioner shall serve a copy	46967
of the final determination on the petitioner as provided in	46968
section 5703.37 of the Revised Code, and the commissioner's	46969
decision in the matter is final, subject to appeal under section	46970
5717.02 of the Revised Code. The commissioner also shallmay	46971
transmit a copy of the final determination to the treasurer of	46972
state. Only objections decided on the merits by the board of tax	46973
appeals or a court shall be given collateral estoppel or res	46974
judicata effect in considering an application for refund of an	46975
amount paid pursuant to the assessment.	46976

(D) After an assessment becomes final, if any portion of the	46977
assessment, including accrued interest, remains unpaid, a	46978
certified copy of the tax commissioner's entry making the	46979
assessment final may be filed in the office of the clerk of the	46980
court of common pleas in the county in which the natural gas	46981
company's or combined company's principal place of business is	46982
located, or in the office of the clerk of court of common pleas of	46983
Franklin county.	46984

The clerk, immediately on the filing of the entry, must enter	46985
judgment for the state against the company assessed in the amount	46986
shown on the entry. The judgment may be filed by the clerk in a	46987
loose-leaf book entitled, "special judgments for the public	46988
utility excise tax on natural gas and combined companies," and	46989
shall have the same effect as other judgments. Execution shall	46990
issue upon the judgment at the request of the tax commissioner,	46991
and all laws applicable to sales on execution shall apply to sales	46992
made under the judgment.	46993

The portion of the assessment not paid within sixty days	46994
after the day the assessment was issued shall bear interest at the	46995
rate per annum prescribed by section 5703.47 of the Revised Code	46996
from the day the tax commissioner issues the assessment until it	46997
is paid. Interest shall be paid in the same manner as the tax and	46998
may be collected by the issuance of an assessment under this	46999
section.	47000

(E) If the tax commissioner believes that collection of the	47001
tax will be jeopardized unless proceedings to collect or secure	47002
collection of the tax are instituted without delay, the	47003
commissioner may issue a jeopardy assessment against the person	47004
liable for the tax. On issuance of the jeopardy assessment, the	47005
commissioner immediately shall file an entry with the clerk of the	47006
court of common pleas in the manner prescribed by division (D) of	47007
this section. Notice of the jeopardy assessment shall be served	47008
on the party assessed or the party's legal representative as	47009
provided in section 5703.37 of the Revised Code within five days	47010
of the filing of the entry with the clerk. The total amount	47011
assessed is immediately due and payable, unless the person	47012
assessed files a petition for reassessment in accordance with	47013
division (B) of this section and provides security in a form	47014
satisfactory to the commissioner and in an amount sufficient to	47015
satisfy the unpaid balance of the assessment. Full or partial	47016
payment of the assessment does not prejudice the commissioner's	47017
consideration of the petition for reassessment.	47018

(F) All interest collected by theThe tax commissioner shall	47019
immediately forward to the treasurer of state all amounts that the	47020
tax commissioner receives under this section shall be paid to the	47021
treasurer of state, and when paidsuch amounts shall be considered	47022
revenue arising from the tax imposed by section 5727.24 of the	47023
Revised Code.	47024

(G) No assessment shall be made or issued against a natural	47025
gas company or combined company for the tax imposed by section	47026
5727.24 of the Revised Code more than four years after the return	47027
date for the period in which the tax was reported, or more than	47028
four years after the return for the period was filed, whichever is	47029
later.	47030

Sec. 5727.81.  (A) For the purpose of raising revenue for	47031
public education and state and local government operations, an	47032
excise tax is hereby levied and imposed on an electric	47033
distribution company for all electricity distributed by such	47034
company beginning with the measurement period that includes May	47035
1, 2001, at the following rates per kilowatt hour of electricity	47036
distributed in a thirty-day period by the company through a meter	47037
of an end user in this state:	47038

If no meter is used to measure the kilowatt hours of	47044
electricity distributed by the company, the rates shall apply to	47045
the estimated kilowatt hours of electricity distributed to an	47046
unmetered location in this state.	47047

The electric distribution company shall base the monthly tax	47048
on the kilowatt hours of electricity distributed to an end user	47049
through the meter of the end user that is not measured for a	47050
thirty-day period by dividing the days in the measurement period	47051
into the total kilowatt hours measured during the measurement	47052
period to obtain a daily average usage. The tax shall be	47053
determined by obtaining the sum of divisions (A)(1), (2), and (3)	47054
of this section and multiplying that amount by the number of days	47055
in the measurement period:	47056

(1) Multiplying $0.00465 per kilowatt hour for the first	47057
sixty-seven kilowatt hours distributed using a daily average;	47058

(2) Multiplying $0.00419 for the next sixty-eight to five	47059
hundred kilowatt hours distributed using a daily average;	47060

(3) Multiplying $0.00363 for the remaining kilowatt hours	47061
distributed using a daily average.	47062

ExceptUntil January 1, 2003, except as provided in division	47063
(C) of this section, the electric distribution company shall pay	47064
the tax to the treasurer of state in accordance with section	47065
5727.82 of the Revised Code. Beginning January 1, 2003, except as	47066
provided in division (C) of this section, the electric	47067
distribution company shall pay the tax to the tax commissioner in	47068
accordance with section 5727.82 of the Revised Code, unless	47069
required to remit each tax payment by electronic funds transfer to	47070
the treasurer of state in accordance with section 5727.83 of the	47071
Revised Code.	47072

Only the distribution of electricity through a meter of an	47073
end user in this state shall be used by the electric distribution	47074
company to compute the amount or estimated amount of tax due. In	47075
the event a meter is not actually read for a measurement period,	47076
the estimated kilowatt hours distributed by an electric	47077
distribution company to bill for its distribution charges shall	47078
be used.	47079

(B) Except as provided in division (C) of this section, each	47080
electric distribution company shall pay the tax imposed by this	47081
section in all of the following circumstances:	47082

(1) The electricity is distributed by the company through a	47083
meter of an end user in this state;	47084

(2) The company is distributing electricity through a meter	47085
located in another state, but the electricity is consumed in this	47086
state in the manner prescribed by the tax commissioner;	47087

(3) The company is distributing electricity in this state	47088
without the use of a meter, but the electricity is consumed in	47089
this state as estimated and in the manner prescribed by the tax	47090
commissioner.	47091

(C)(1) As used in division (C) of this section:

47092

(a) "Total price of electricity" means the aggregate value in	47093
money of anything paid or transferred, or promised to be paid or	47094
transferred, to obtain electricity or electric service, including	47095
but not limited to the value paid or promised to be paid for the	47096
transmission or distribution of electricity and for transition	47097
costs as described in Chapter 4928. of the Revised Code.	47098

(b) "Package" means the provision or the acquisition, at a	47099
combined price, of electricity with other services or products, or	47100
any combination thereof, such as natural gas or other fuels;	47101
energy management products, software, and services; machinery and	47102
equipment acquisition; and financing agreements.	47103

(c) "Single location" means a facility located on contiguous	47104
property separated only by a roadway, railway, or waterway.	47105

(2) Division (C) of this section applies to any commercial	47106
or industrial purchaser's receipt of electricity through a meter	47107
of an end user in this state or through more than one meter at a	47108
single location in this state in a quantity that exceeds	47109
forty-five million kilowatt hours of electricity over the course	47110
of the preceding calendar year, or any commercial or industrial	47111
purchaser that will consume more than forty-five million kilowatt	47112
hours of electricity over the course of the succeeding twelve	47113
months as estimated by the tax commissioner. The tax commissioner	47114
shall make such an estimate upon the written request by an	47115
applicant for registration as a self-assessing purchaser under	47116
this division. Such a purchaser may elect to self-assess the	47117
excise tax imposed by this section at the rate of $.00075 per	47118
kilowatt hour on not more thanthe first five hundred four million	47119
kilowatt hours distributed to that meter or location during the	47120
registration year, and four per cent of the total price of all	47121
electricity distributed to that meter or location. A qualified	47122
end user that receives electricity through a meter of an end user	47123
in this state or through more than one meter at a single location	47124
in this state and that consumes, over the course of the previous	47125
calendar year, more than forty-five million kilowatt hours in	47126
other than its qualifying manufacturing process, may elect to	47127
self-assess the tax as allowed by this division with respect to	47128
the electricity used in other than its qualifying manufacturing	47129
process. PaymentUntil January 1, 2003, payment of the tax shall	47130
be made directly to the treasurer of state in accordance with	47131
divisions (A)(4) and (5) of section 5727.82 of the Revised Code.	47132
Beginning January 1, 2003, payment of the tax shall be made	47133
directly to the tax commissioner in accordance with divisions	47134
(A)(4) and (5) of section 5727.82 of the Revised Code, or the	47135
treasurer of state in accordance with section 5727.83 of the	47136
Revised Code. If the electric distribution company serving the	47137
self-assessing purchaser is a municipal electric utility and the	47138
purchaser is within the municipal corporation's corporate limits,	47139
payment shall be made to such municipal corporation's general fund	47140
and reports shall be filed in accordance with divisions (A)(4)	47141
and (5) of section 5727.82 of the Revised Code, except that	47142
"municipal corporation" shall be substituted for "treasurer of	47143
state" and "tax commissioner." A self-assessing purchaser that	47144
pays the excise tax as provided in this division shall not be	47145
required to pay the tax to the electric distribution company from	47146
which its electricity is distributed. If a self-assessing	47147
purchaser's receipt of electricity is not subject to the tax as	47148
measured under this division, the tax on the receipt of such	47149
electricity shall be measured and paid as provided in division (A)	47150
of this section.	47151

(3) In the case of the acquisition of a package, unless the	47152
elements of the package are separately stated isolating the total	47153
price of electricity from the price of the remaining elements of	47154
the package, the tax imposed under this section applies to the	47155
entire price of the package. If the elements of the package are	47156
separately stated, the tax imposed under this section applies to	47157
the total price of the electricity.	47158

(4) Any electric supplier that sells electricity as part of	47159
a package shall separately state to the purchaser the total price	47160
of the electricity and, upon request by the tax commissioner, the	47161
total price of each of the other elements of the package.	47162

(5) The tax commissioner may adopt rules relating to the	47163
computation of the total price of electricity with respect to	47164
self-assessing purchasers, which may include rules to establish	47165
the total price of electricity purchased as part of a package.	47166

(6) ApplicationAn annual application for registration as a	47167
self-assessing purchaser shall be made for each qualifying meter	47168
or location, on a form prescribed by the tax commissioner. The	47169
registration year begins on the first day of May and ends on the	47170
following thirtieth day of April. Persons may apply after the	47171
first day of May for the remainder of the registration year. In	47172
the case of an applicant applying on the basis of an estimated	47173
consumption of forty-five million kilowatt hours over the course	47174
of the succeeding twelve months, the applicant shall provide such	47175
information as the tax commissioner considers to be necessary to	47176
estimate such consumption. At the time of making the application	47177
and by the first day of May of each year, excluding May 1, 2000, a	47178
self-assessing purchaser shall pay a fee of five hundred dollars	47179
to the tax commissioner, or to the treasurer of state as provided	47180
in section 5727.83 of the Revised Code, for each qualifying meter	47181
or location. The tax commissioner shall immediately pay to the	47182
treasurer of state all amounts that the tax commissioner receives	47183
under this section. The treasurer of state shall deposit such	47184
feesamounts into the kilowatt hour excise tax administration	47185
fund, which is hereby created in the state treasury. Money in the	47186
fund shall be used to defray the tax commissioner's cost in	47187
administering the tax owed under section 5727.81 of the Revised	47188
Code by self-assessing purchasers. After the application is	47189
approved by the tax commissioner, the registration shall remain in	47190
effect for the current registration year, or until canceled by the	47191
registrant upon written notification to the commissioner of the	47192
election to pay the tax in accordance with division (A) of this	47193
section, or until canceled by the tax commissioner for not paying	47194
the tax or fee under division (C) of this section, or for not	47195
meeting the qualifications in division (C)(2) of this section. The	47196
tax commissioner shall give written notice to the electric	47197
distribution company from which electricity is delivered to a	47198
self-assessing purchaser of the purchaser's self-assessing status,	47199
and the electric distribution company is relieved of the	47200
obligation to pay the tax imposed by division (A) of this section	47201
for electricity distributed to that self-assessing purchaser until	47202
it is notified by the tax commissioner that the self-assessing	47203
purchaser's registration is canceled. Within fifteen days of	47204
notification of the canceled registration, the electric	47205
distribution company shall be responsible for payment of the tax	47206
imposed by division (A) of this section on electricity distributed	47207
to a purchaser that is no longer registered as a self-assessing	47208
purchaser. A self-assessing purchaser with a canceled	47209
registration must file a report and remit the tax imposed by	47210
division (A) of this section on all electricity it receives for	47211
any measurement period prior to the tax being reported and paid by	47212
the electric distribution company. A self-assessing purchaser	47213
whose registration is canceled by the tax commissioner is not	47214
eligible to register as a self-assessing purchaser for two years	47215
after the registration is canceled.	47216

(7) If the tax commissioner cancels the self-assessing	47217
registration of a purchaser registered on the basis of its	47218
estimated consumption because the purchaser does not consume at	47219
least forty-five million kilowatt hours of electricity over the	47220
course of the twelve-month period for which the estimate was made,	47221
the tax commissioner shall assess and collect from the purchaser	47222
the difference between (a) the amount of tax that would have been	47223
payable under division (A) of this section on the electricity	47224
distributed to the purchaser during that period and (b) the amount	47225
of tax paid by the purchaser on such electricity pursuant to	47226
division (C)(2)(a) of this section. The assessment shall be paid	47227
within sixty days after the tax commissioner issues it, regardless	47228
of whether the purchaser files a petition for reassessment under	47229
section 5727.89 of the Revised Code covering that period. If the	47230
purchaser does not pay the assessment within the time prescribed,	47231
the amount assessed is subject to the additional charge and the	47232
interest prescribed by divisions (B) and (C) of section 5727.82 of	47233
the Revised Code, and is subject to assessment under section	47234
5727.89 of the Revised Code. If the purchaser is a qualified end	47235
user, division (C)(7) of this section applies only to electricity	47236
it consumes in other than its qualifying manufacturing process.	47237

(D) The tax imposed by this section does not apply to the	47238
distribution of any kilowatt hours of electricity to the federal	47239
government, to an end user located at a federal facility that uses	47240
electricity for the enrichment of uranium, to a qualified	47241
regeneration meter, or to an end user for any day the end user is	47242
a qualified end user. The exemption under this division for a	47243
qualified end user only applies to the manufacturing location	47244
where the qualified end user uses more than three million kilowatt	47245
hours per day in a qualifying manufacturing process.	47246

Sec. 5727.811.  (A) For the purpose of raising revenue for	47247
public education and state and local government operations, an	47248
excise tax is hereby levied on every natural gas distribution	47249
company for all natural gas volumes billed by, or on behalf of,	47250
the company on and afterbeginning with the measurement period	47251
that includes July 1, 2001. Except as provided in divisions (C)	47252
or (D) of this section, the tax shall be levied at the following	47253
rates per MCF of natural gas distributed by the company through a	47254
meter of an end user in this state:	47255

If no meter is used to measure the MCF of natural gas	47260
distributed by the company, the rates shall apply to the estimated	47261
MCF of natural gas distributed to an unmetered location in this	47262
state.	47263

(B) A natural gas distribution company shall base the tax on	47264
the MCF of natural gas distributed to an end user through the	47265
meter of the end user in this state that is estimated to be	47266
consumed by the end user as reflected on the end user's customer	47267
statement from the natural gas distribution company. TheUntil	47268
January 1, 2003, the natural gas distribution company shall pay	47269
the tax levied by this section to the treasurer of state in	47270
accordance with section 5727.82 of the Revised Code. Beginning	47271
January 1, 2003, the natural gas distribution company shall pay	47272
the tax levied by this section to the tax commissioner in	47273
accordance with section 5727.82 of the Revised Code unless	47274
required to remit payment to the treasurer of state in accordance	47275
with section 5727.83 of the Revised Code.	47276

(C) A natural gas distribution company with fifty thousand	47277
customers or less may elect to apply the rates specified in	47278
division (A) of this section to the aggregate of the natural gas	47279
distributed by the company through the meter of all its customers	47280
in this state, and upon such election, this method shall be used	47281
to determine the amount of tax to be paid by such company.	47282

(D) A natural gas distribution company shall pay the tax	47283
imposed by this section at the rate of $.02 per MCF of natural gas	47284
distributed by the company through the meter of a flex customer.	47285
The natural gas distribution company correspondingly shall reduce	47286
the per MCF rate that it charges the flex customer for natural gas	47287
distribution services by $.02 per MCF of natural gas distributed	47288
to the flex customer.	47289

(E) Except as provided in division (F) of this section, each	47290
natural gas distribution company shall pay the tax imposed by this	47291
section in all of the following circumstances:	47292

(1) The natural gas is distributed by the company through a	47293
meter of an end user in this state;	47294

(2) The natural gas distribution company is distributing	47295
natural gas through a meter located in another state, but the	47296
natural gas is consumed in this state in the manner prescribed by	47297
the tax commissioner;	47298

(3) The natural gas distribution company is distributing	47299
natural gas in this state without the use of a meter, but the	47300
natural gas is consumed in this state as estimated and in the	47301
manner prescribed by the tax commissioner.	47302

(F) The tax levied by this section does not apply to the	47303
distribution of natural gas to the federal government, or natural	47304
gas produced by an end user in this state that is consumed by that	47305
end user or its affiliates and is not distributed through the	47306
facilities of a natural gas company.	47307

Sec. 5727.82.  (A)(1) Except as provided in divisions (A)(3)	47308
and (D) of this section, by the twentieth day of each month, each	47309
electric distribution company required to pay the tax imposed by	47310
section 5727.81 of the Revised Code shall file with the treasurer	47311
of statetax commissioner a return as prescribed by the tax	47312
commissioner and shall make payment of the full amount of tax due	47313
for the preceding month. The first payment of this tax shall be	47314
made on or before June 20, 2001. The electric distribution company	47315
shall make payment to the tax commissioner unless required to	47316
remit each tax payment by electronic funds transfer to the	47317
treasurer of state as provided in section 5727.83 of the Revised	47318
Code.	47319

(2) By the twentieth day of May, August, November, and	47320
February, each natural gas distribution company required to pay	47321
the tax imposed by section 5727.811 of the Revised Code shall file	47322
with the treasurer of statetax commissioner a return as	47323
prescribed by the tax commissioner and shall make payment to the	47324
tax commissioner, or to the treasurer of state as provided in	47325
section 5727.83 of the Revised Code, of the full amount of tax due	47326
for the preceding quarter. The first payment of this tax shall be	47327
made on or before November 20, 2001, for the quarter ending	47328
September 30, 2001.	47329

(3) If the electric distribution company required to pay the	47330
tax imposed by section 5727.81 of the Revised Code is a municipal	47331
electric utility, it may retain in its general fund that portion	47332
of the tax on the kilowatt hours distributed to end users located	47333
within the boundaries of the municipal corporation. However, the	47334
municipal electric utility shall make payment in accordance with	47335
division (A)(1) of this section of the tax due on the kilowatt	47336
hours distributed to end users located outside the boundaries of	47337
the municipal corporation.	47338

(4) By the twentieth day of each month, each self-assessing	47339
purchaser that under division (C) of section 5727.81 of the	47340
Revised Code pays directly to the tax commissioner or the	47341
treasurer of state the tax imposed by section 5727.81 of the	47342
Revised Code shall file with the treasurer of statetax	47343
commissioner a return as prescribed by the tax commissioner and	47344
shall make payment of the full amount of the tax due for the	47345
preceding month.	47346

(5) As prescribed by the tax commissioner, a return shall	47347
be signed by the company or self-assessing purchaser required to	47348
file it, or an authorized employee, officer, or agent of the	47349
company or purchaser. The treasurer of state shall mark on the	47350
return the date it was received and indicate payment or nonpayment	47351
of the tax shown to be due on the return. The treasurer of state	47352
immediately shall transmit all returns to the tax commissioner.	47353
The return shall be deemed filed when received by the treasurer of	47354
statetax commissioner.	47355

(B) Any natural gas distribution company, electric	47356
distribution company, or self-assessing purchaser required by this	47357
section to file a return who fails to file it and pay the tax	47358
within the period prescribed shall pay an additional charge of	47359
fifty dollars or ten per cent of the tax required to be paid for	47360
the reporting period, whichever is greater. The tax commissioner	47361
may collect the additional charge by assessment pursuant to	47362
section 5727.89 of the Revised Code. The commissioner may abate	47363
all or a portion of the additional charge and may adopt rules	47364
governing such abatements.	47365

(C) If any tax due is not paid timely in accordance with	47366
this section, the natural gas distribution company, electric	47367
distribution company, or self-assessing purchaser liable for the	47368
tax shall pay interest, calculated at the rate per annum	47369
prescribed by section 5703.47 of the Revised Code, from the date	47370
the tax payment was due to the date of payment or to the date an	47371
assessment is issued, whichever occurs first. Interest shall be	47372
paid in the same manner as the tax, and the commissioner may	47373
collect the interest by assessment pursuant to section 5727.89 of	47374
the Revised Code.	47375

(D) Not later than the tenth day of each month, a qualified	47376
end user not making the election to self-assess under division (C)	47377
of section 5727.81 of the Revised Code shall report in writing to	47378
the electric distribution company that distributes electricity to	47379
the end user the kilowatt hours that were consumed as a qualified	47380
end user in a qualifying manufacturing process for the prior month	47381
and the number of days, if any, on which the end user was not a	47382
qualified end user. For each calendar day during that month, a	47383
qualified end user shall report the kilowatt hours that were not	47384
used in a qualifying manufacturing process. For each calendar day	47385
the end user was not a qualified end user, the end user shall	47386
report in writing to the electric distribution company the total	47387
number of kilowatt hours used on that day, and the electric	47388
distribution company shall pay the tax imposed under section	47389
5727.81 of the Revised Code on each kilowatt hour that was not	47390
distributed to a qualified end user in a qualifying manufacturing	47391
process. The electric distribution company may rely in good faith	47392
on a qualified end user's report filed under this division. If it	47393
is determined that the end user was not a qualified end user for	47394
any calendar day or the quantity of electricity used by the	47395
qualified end user in a qualifying manufacturing process was	47396
overstated, the tax commissioner shall assess and collect any tax	47397
imposed under section 5727.81 of the Revised Code directly from	47398
the qualified end user. As requested by the commissioner, each	47399
end user reporting to an electric distribution company that it is	47400
a qualified end user shall provide documentation to the	47401
commissioner that establishes the volume of electricity consumed	47402
daily by the qualified end user and the total number of kilowatt	47403
hours consumed in a qualifying manufacturing process.	47404

(E) The tax commissioner shall immediately pay to the	47405
treasurer of state all amounts that the tax commissioner receives	47406
under this section. The treasurer of state shall credit such	47407
amounts in accordance with this chapter.	47408

Sec. 5727.84.  (A) As used in this section and sections	47409
5727.85, 5727.86, and 5727.87 of the Revised Code:	47410

(1) "School district" means a city, local, or exempted	47411
village school district.	47412

(2) "Joint vocational school district" means a joint	47413
vocational school district created under section 3311.16 of the	47414
Revised Code, and includes a cooperative education school district	47415
created under section 3311.52 or 3311.521 of the Revised Code and	47416
a county school financing district created under section 3311.50	47417
of the Revised Code.	47418

(3) "Local taxing unit" means a subdivision or taxing unit,	47419
as defined in section 5705.01 of the Revised Code, a park district	47420
created under Chapter 1545. of the Revised Code, or a township	47421
park district established under section 511.23 of the Revised	47422
Code, but excludes school districts and joint vocational school	47423
districts.	47424

(4) "State education aid" means the sum of the state basic	47425
aid and state special education aid amounts computed for a school	47426
district or joint vocational school district under divisions (A)	47427
and (C) of section 3317.022Chapter 3317. of the Revised Code.	47428

(5) "State education aid offset" means the amount certified	47429
determined for each school district or joint vocational school	47430
district under division (A)(1) of section 5727.85 of the Revised	47431
Code.	47432

(6) "Adjusted total taxable valueRecognized valuation" has	47433
the same meaning as in section 3317.02 of the Revised Code.	47434

(7) "Electric company tax value loss" means the amount	47435
determined under division (D) of this section.	47436

(8) "Natural gas company tax value loss" means the amount	47437
determined under division (E) of this section.	47438

(9) "Tax value loss" means the sum of the electric company	47439
tax value loss and the natural gas company tax value loss.	47440

(10) "Fixed-rate levy" means any tax levied on property other	47441
than a fixed-sum levy.	47442

(11) "Fixed-rate levy loss" means the amount determined under	47443
division (G) of this section.	47444

(12) "Fixed-sum levy" means a tax levied on property at	47445
whatever rate is required to produce a specified amount of tax	47446
money or levied in excess of the ten-mill limitation to pay debt	47447
charges, and includes school district emergency levies imposed	47448
pursuant to section 5705.194 of the Revised Code.	47449

(13) "Fixed-sum levy loss" means the amount determined under	47450
division (H) of this section.	47451

(14) "Consumer price index" means the consumer price index	47452
(all items, all urban consumers) prepared by the bureau of labor	47453
statistics of the United States department of labor.	47454

(B) AllThe kilowatt-hour tax receipts fund is hereby created	47455
in the state treasury and shall consist of money arising from the	47456
tax imposed by section 5727.81 of the Revised Code. All money in	47457
the kilowatt-hour tax receipts fund shall be credited as follows:	47458

(1) Fifty-nine and nine hundred seventy-six one-thousandths	47459
per cent, plus an amount equal to seventy per cent of the total	47460
state education aid offset, shall be credited to the general	47461
revenue fund.	47462

(2) Two and six hundred forty-six one-thousandths per cent	47463
shall be credited to the local government fund, for distribution	47464
in accordance with section 5747.50 of the Revised Code.	47465

(3) Three hundred seventy-eight one-thousandths per cent	47466
shall be credited to the local government revenue assistance fund,	47467
for distribution in accordance with section 5747.61 of the Revised	47468
Code.	47469

(4) Twenty-five and nine-tenths per cent, less an amount	47470
equal to seventy per cent of the total state education aid offset,	47471
shall be credited to the school district property tax replacement	47472
fund, which is hereby created in the state treasury for the	47473
purpose of making the payments described in section 5727.85 of the	47474
Revised Code.	47475

(5) Eleven and one-tenth per cent shall be credited to the	47476
local government property tax replacement fund, which is hereby	47477
created in the state treasury for the purpose of making the	47478
payments described in section 5727.86 of the Revised Code.	47479

(6) Beginning in the fiscal year in which payments are	47480
required to be made under sections 5727.85 and 5727.86 of the	47481
Revised CodeIn fiscal years 2002, 2003, 2004, 2005, and 2006, if	47482
the revenue arising from the tax levied by section 5727.81 of the	47483
Revised Code is less than five hundred fifty-two million dollars,	47484
the amount credited to the general revenue fund under division	47485
(B)(1) of this section shall be reduced by the amount necessary to	47486
credit to each of the funds in divisions (B)(2),and (3), (4), and	47487
(5) of this section the amount it would have received if the tax	47488
did raise five hundred fifty-two million dollars for that fiscal	47489
year. The tax commissioner shall certify to the director of	47490
budget and management the amounts that shall be credited under	47491
this division.	47492

(7) Beginning in fiscal year 2007, if the revenue arising	47493
from the tax levied by section 5727.81 of the Revised Code is less	47494
than five hundred fifty-two million dollars, the amount credited	47495
to the general revenue fund under division (B)(1) of this section	47496
shall be reduced by the amount necessary to credit to each of the	47497
funds in divisions (B)(2), (3), (4), and (5) of this section the	47498
amount that it would have received if the tax did raise five	47499
hundred fifty-two million dollars for that fiscal year. The tax	47500
commissioner shall certify to the director of budget and	47501
management the amounts to be credited under division (B)(7) of	47502
this section.	47503

(C) AllThe natural gas tax receipts fund is hereby created	47504
in the state treasury and shall consist of money arising from the	47505
tax imposed by section 5727.811 of the Revised Code. All money in	47506
the fund shall be credited as follows:	47507

(1) Seventy per cent, less an amount equal to thirty per	47508
cent of the total state education aid offset, shall be credited to	47509
the school district property tax replacement fund for the purpose	47510
of making the payments described in section 5727.85 of the Revised	47511
Code.	47512

(2) Thirty per cent shall be credited to the local	47513
government property tax replacement fund for the purpose of making	47514
the payments described in section 5727.86 of the Revised Code.	47515

(3) An amount equal to thirty per cent of the total state	47516
education aid offset shall be credited to the general revenue	47517
fund.	47518

(4) Beginning in the fiscal year in which payments are	47519
required to be made under sections 5727.85 and 5727.86 of the	47520
Revised Code2007, if the revenue arising from the tax levied by	47521
section 5727.811 of the Revised Code is less than ninety million	47522
dollars, thean amount credited toequal to the difference between	47523
the amount collected and ninety million dollars shall be	47524
transferred from the general revenue fund under division (C)(3) of	47525
this section shall be reduced by the amount necessary to credit to	47526
each of the funds in divisions (C)(1) and (2) of this section the	47527
amount that it would have received if the tax did raise ninety	47528
million dollars for that fiscal yearin the same percentages as if	47529
that amount had been collected as taxes under section 5727.811 of	47530
the Revised Code. The tax commissioner shall certify to the	47531
director of budget and management the amounts that shall be	47532
creditedtransferred under this division.	47533

(D) Not later than January 1, 2002, the tax commissioner	47534
shall determine for each taxing district its electric company tax	47535
value loss, which is the sum of the amounts described in divisions	47536
(D)(1) and (2) of this section:	47537

(1) The difference obtained by subtracting the amount	47538
described in division (D)(1)(b) from the amount described in	47539
division (D)(1)(a) of this section.	47540

(a) The value of electric company and rural electric company	47541
tangible personal property as assessed by the tax commissioner for	47542
tax year 1998 on a preliminary assessment, or an amended	47543
preliminary assessment if issued prior to March 1, 1999, and as	47544
apportioned to the taxing district for tax year 1998;	47545

(b) The value of electric company and rural electric company	47546
tangible personal property as assessed by the tax commissioner for	47547
tax year 1998 had the property been apportioned to the taxing	47548
district for tax year 2001, and assessed at the rates in effect	47549
for tax year 2001.	47550

(2) The difference obtained by subtracting the amount	47551
described in division (D)(2)(b) from the amount described in	47552
division (D)(2)(a) of this section.	47553

(a) The three-year average for tax years 1996, 1997, and	47554
1998 of the assessed value from nuclear fuel materials and	47555
assemblies assessed against a person under Chapter 5711. of the	47556
Revised Code from the leasing of them to an electric company for	47557
those respective tax years, as reflected in the preliminary	47558
assessments;	47559

(b) The three-year average assessed value from nuclear fuel	47560
materials and assemblies assessed under division (D)(2)(a) of this	47561
section for tax years 1996, 1997, and 1998, as reflected in the	47562
preliminary assessments, using an assessment rate of twenty-five	47563
per cent.	47564

(E) Not later than January 1, 2002, the tax commissioner	47565
shall determine for each taxing district its natural gas company	47566
tax value loss, which is the sum of the amounts described in	47567
divisions (E)(1) and (2) of this section:	47568

(1) The difference obtained by subtracting the amount	47569
described in division (E)(1)(b) from the amount described in	47570
division (E)(1)(a) of this section.	47571

(a) The value of all natural gas company tangible personal	47572
property, other than property described in division (E)(2) of this	47573
section, as assessed by the tax commissioner for tax year 1999 on	47574
a preliminary assessment, or an amended preliminary assessment if	47575
issued prior to March 1, 2000, and apportioned to the taxing	47576
district for tax year 1999;	47577

(b) The value of all natural gas company tangible personal	47578
property, other than property described in division (E)(2) of this	47579
section, as assessed by the tax commissioner for tax year 1999 had	47580
the property been apportioned to the taxing district for tax year	47581
2001, and assessed at the rates in effect for tax year 2001.	47582

(2) The difference in the value of current gas obtained by	47583
subtracting the amount described in division (E)(2)(b) from the	47584
amount described in division (E)(2)(a) of this section.	47585

(a) The three-year average assessed value of current gas as	47586
assessed by the tax commissioner for tax years 1997, 1998, and	47587
1999 on a preliminary assessment, or an amended preliminary	47588
assessment if issued prior to March 1, 2001, and as apportioned in	47589
the taxing district for those respective years;	47590

(b) The three-year average assessed value from current gas	47591
under division (E)(2)(a) of this section for tax years 1997, 1998,	47592
and 1999, as reflected in the preliminary assessment, using an	47593
assessment rate of twenty-five per cent.	47594

(F) The tax commissioner may request that natural gas	47595
companies, electric companies, and rural electric companies file a	47596
report to help determine the tax value loss under divisions (D)	47597
and (E) of this section. The report shall be filed within thirty	47598
days of the commissioner's request. A company that fails to file	47599
the report or does not timely file the report is subject to the	47600
penalty in section 5727.60 of the Revised Code.	47601

(G) Not later than January 1, 2002, the tax commissioner	47602
shall determine for each school district, joint vocational school	47603
district, and local taxing unit its fixed-rate levy loss, which is	47604
the sum of its electric company tax value loss multiplied by the	47605
tax rate in effect in tax year 1998 for fixed-rate levies and its	47606
natural gas company tax value loss multiplied by the tax rate in	47607
effect in tax year 1999 for fixed-rate levies.	47608

(H) Not later than January 1, 2002, the tax commissioner	47609
shall determine for each school district, joint vocational school	47610
district, and local taxing unit its fixed-sum levy loss, which is	47611
the amount obtained by subtracting the amount described in	47612
division (H)(2) of this section from the amount described in	47613
division (H)(1) of this section:	47614

(1) The sum of the electric company tax value loss	47615
multiplied by the tax rate in effect in tax year 1998, and the	47616
natural gas company tax value loss multiplied by the tax rate in	47617
effect in tax year 1999, for fixed-sum levies for all taxing	47618
districts within each school district, joint vocational school	47619
district, and local taxing unit. For the years 2002 through 2006,	47620
this computation shall include school district emergency levies	47621
that existed in 1998 in the case of the electric company tax value	47622
loss, and 1999 in the case of the natural gas company tax value	47623
loss, and all other fixed-sum levies that existed in 1998 in the	47624
case of the electric company tax value loss and 1999 in the case	47625
of the natural gas company tax value loss and continue to be	47626
charged in the tax year preceding the distribution year. For the	47627
years 2007 through 2016 in the case of school district emergency	47628
levies, and for all years after 2006 in the case of all other	47629
fixed-sum levies, this computation shall exclude all fixed-sum	47630
levies that existed in 1998 in the case of the electric company	47631
tax value loss and 1999 in the case of the natural gas company tax	47632
value loss, but are no longer in effect in the tax year preceding	47633
the distribution year. For the purposes of this section, an	47634
emergency levy that existed in 1998 in the case of the electric	47635
company tax value loss, and 1999 in the case of the natural gas	47636
company tax value loss, continues to exist in a year beginning on	47637
or after January 1, 2007, but before January 1, 2017, if, in that	47638
year, the board of education levies a school district emergency	47639
levy for an annual sum at least equal to the annual sum levied by	47640
the board in tax year 1998 or 1999, respectively, less the amount	47641
of the payment certified under this division for 2002.	47642

(2) The total taxable value in tax year 1998 in the case of	47643
the electric company tax value loss and 1999 in the case of the	47644
natural gas company1999 less the tax value loss in each school	47645
district, joint vocational school district, and local taxing unit	47646
multiplied by one-fourth of one mill.	47647

If the amount computed under division (H) of this section	47648
for any school district, joint vocational school district, or	47649
local taxing unit is greater than zero, that amount shall equal	47650
the fixed-sum levy loss reimbursed pursuant to division (E) of	47651
section 5727.85 of the Revised Code or division (A)(2) of section	47652
5727.86 of the Revised Code, and the one-fourth of one mill that	47653
is subtracted under division (H)(2) of this section shall be	47654
apportioned among all contributing fixed-sum levies in the	47655
proportion of each levy to the sum of all fixed-sum levies within	47656
each school district, joint vocational school district, or local	47657
taxing unit.	47658

(I) Notwithstanding divisions (D), (E), (G), and (H) of	47659
this section, in computing the tax value loss, fixed-rate levy	47660
loss, and fixed-sum levy loss, the tax commissioner shall use the	47661
greater of the 1998 tax rate or the 1999 tax rate in the case of	47662
levy losses associated with the electric company tax value loss,	47663
but the 1999 tax rate shall not include for this purpose any tax	47664
levy approved by the voters after June 30, 1999, and the tax	47665
commissioner shall use the greater of the 1999 or the 2000 tax	47666
rate in the case of levy losses associated with the natural gas	47667
company tax value loss, but the 2000 tax rate shall not include	47668
for this purpose any tax levy approved by the voters after	47669
November 7, 2000.	47670

(J) Not later than January 1, 2002, the tax commissioner	47671
shall certify to the department of education the tax value loss	47672
determined under divisions (D) and (E) of this section for each	47673
taxing district, the fixed-rate levy loss calculated under	47674
division (G) of this section, and the fixed-sum levy loss	47675
calculated under division (H) of this section. The calculations	47676
under divisions (G) and (H) of this section shall separately	47677
display the levy loss for each levy eligible for reimbursement.	47678

(K) Not later than September 1, 2001, the tax commissioner	47679
shall certify the amount of the fixed-sum levy loss to the county	47680
auditor of each county in which a school district with a fixed-sum	47681
levy loss has territory.	47682

Sec. 5727.85.  (A) By the thirty-first day of July of each	47683
year, beginning in 2002 and ending in 2016, the department of	47684
education shall determine the following for each school district	47685
and each joint vocational school district eligible for payment	47686
under division (C) or (D) of this section:	47687

(1) The state education aid offset, which is the difference	47688
obtained by subtracting the amount described in division (A)(1)(b)	47689
of this section from the amount described in division (A)(1)(a) of	47690
this section:	47691

(a) The state education aid computed for the school district	47692
or joint vocational school district for the current fiscal year on	47693
the basis of the adjusted total taxable valueas of the	47694
thirty-first day of July;	47695

(b) The state education aid that would be computed for the	47696
school district or joint vocational school district for the	47697
current fiscal year as of the thirty-first day of July if the	47698
district's adjusted total taxable valuerecognized valuation	47699
included the tax value loss for all taxing districts in the school	47700
district or joint vocational school district.	47701

(2) The greater of zero or difference obtained by	47702
subtracting the state education aid offset determined under	47703
division (A)(1) of this section from the fixed-rate levy loss	47704
determinedcertified under division (G)(J) of section 5727.84 of	47705
the Revised Code for all taxing districts in each school district	47706
and joint vocational school district. The	47707

By the fifth day of August of each such year, the department	47708
of education shall certify the amount so determined under division	47709
(A)(1) of this section to the director of budget and management.	47710

(B) Not later than the thirty-first day of October of the	47711
years 2006 through 2016, the department of education shall	47712
determine all of the following for each school district:	47713

(1) The amount obtained by subtracting the district's state	47714
education aid computed for fiscal year 2002 from the district's	47715
state education aid computed for the current fiscal year;	47716

(2) The inflation-adjusted property tax loss. The	47717
inflation-adjusted property tax loss equals the fixed-rate levy	47718
loss, excluding the tax loss from levies within the ten-mill	47719
limitation to pay debt charges, determined under division (G) of	47720
section 5727.84 of the Revised Code for all taxing districts in	47721
each school district plus the product obtained by multiplying that	47722
loss by the cumulative percentage increase in the consumer price	47723
index from January 1, 2002, to the thirtieth day of June of the	47724
current year.	47725

(3) The difference obtained by subtracting the amount	47726
computed under division (B)(1) from the amount of the	47727
inflation-adjusted property tax loss. If this difference is zero	47728
or a negative number, no further payments shall be made under	47729
division (C) of this section to the school district from the	47730
school district property tax replacement fund. If the difference	47731
is greater than zero, the department of education shall certify	47732
the amount calculated in division (A)(2) of this section to the	47733
director of budget and management not later than the thirty-first	47734
day of December of each year, beginning in 2006 and ending in	47735
2016.	47736

(C) For all taxing districts in each school district, the	47737
director of budget and managementThe department of education	47738
shall pay from the school district property tax replacement fund	47739
to the county undivided income tax fund in the proper county	47740
treasuryeach school district all of the following:	47741

(1) In February 2002, one-half of the fixed-rate levy loss	47742
certified under division (G)(J) of section 5727.84 of the Revised	47743
Code on or before the day prescribed for the settlement under	47744
division (A) of section 321.24 of the Revised Codebetween the	47745
twenty-first and twenty-eighth days of February.	47746

(2) From August 2002 through August 2006, one-half of the	47747
amount certifiedcalculated for that fiscal year under division	47748
(A)(2) of this section on or before each of the days prescribed	47749
for the settlements under divisions (A) and (C) of section 321.24	47750
of the Revised Codebetween the twenty-first and twenty-eighth	47751
days of August and of February.	47752

(3) From February 2007 through August 2016, one-half of the	47753
amount certifiedcalculated for that calendar year under division	47754
(B)(3) of this section on or before each of the days prescribed	47755
for the settlements under divisions (A) and (C) of section 321.24	47756
of the Revised Code.	47757

The county treasurer shall distribute amounts paid under	47758
divisions (C)(1), (2), and (3) of this section to the proper	47759
school district as if they had been levied and collected as taxes,	47760
and the school district shall apportion the amounts so received	47761
among its funds in the same proportions as if those amounts had	47762
been levied and collected as taxesbetween the twenty-first and	47763
twenty-eighth days of August and of February.	47764

(4) For taxes levied within the ten-mill limitation for debt	47765
purposes in tax year 1998 in the case of electric company tax	47766
value losses, and in tax year 1999 in the case of natural gas	47767
company tax value losses, payments shall be made equal to one	47768
hundred per cent of the loss computed as if the tax were a	47769
fixed-rate levy, but those payments shall extend from fiscal year	47770
2006 through fiscal year 2016.	47771

The department of education shall report to each school	47772
district the apportionment of the payments among the school	47773
district's funds based on the certifications under division (J) of	47774
section 5727.84 of the Revised Code.	47775

(D) Not later than January 1, 2002, for all taxing districts	47776
in each joint vocational school district, the tax commissioner	47777
shall certify to the director of budget and managementdepartment	47778
of education the fixed-rate levy loss determined under division	47779
(G) of section 5727.84 of the Revised Code. From February 2002 to	47780
August 2016, the directordepartment shall pay from the school	47781
district property tax replacement fund to the county undivided	47782
income tax fund in the proper county treasury,joint vocational	47783
school district one-half of the fixed-rate levy loss so certified	47784
for each year on or before each of the days prescribed for the	47785
settlements under divisions (A) and (C) of section 321.24 of the	47786
Revised Code. The county treasurer shall distribute such amounts	47787
to the proper joint vocational school district as if they had been	47788
levied and collected as taxes, and the joint vocational school	47789
district shall apportion the amounts so received among its funds	47790
in the same proportions as if those amounts had been levied and	47791
collected as taxesamount calculated for that fiscal year under	47792
division (A)(2) of this section between the twenty-first and	47793
twenty-eighth days of August and of February.	47794

(E)(1) Not later than January 1, 2002, for each fixed-sum	47795
levy levied by each school district or joint vocational school	47796
district and for each year for which a determination is made	47797
under division (H) of section 5727.84 of the Revised Code that a	47798
fixed-sum levy loss is to be reimbursed, the tax commissioner	47799
shall certify to the director of budget and managementdepartment	47800
of education the fixed-sum levy loss determined under that	47801
division. The certification shall cover a time period sufficient	47802
to include all fixed-sum levies for which the tax commissioner	47803
made such a determination. The directordepartment shall pay from	47804
the school district property tax replacement fund to the county	47805
undivided income tax fund in the proper county treasuryschool	47806
district or joint vocational school district one-half of the	47807
fixed-sum levy loss so certified for each year on or before each	47808
of the days prescribed for the settlements under divisions (A) and	47809
(C) of section 321.24 of the Revised Code. The county treasurer	47810
shall distribute the amounts to the proper school district or	47811
joint vocational school district as if they had been levied and	47812
collected as taxes, and the district shall apportion the amounts	47813
so received among its funds in the same proportions as if those	47814
amounts had been levied and collected as taxesbetween the	47815
twenty-first and twenty-eighth days of August and of February.	47816

(2) Beginning in 2003, by the thirty-first day of January of	47817
each year, the tax commissioner shall review the certification	47818
originally made under division (E)(1) of this section. If the	47819
commissioner determines that a fixed-sumdebt levy that had been	47820
scheduled to be reimbursed in the current year has expired, a	47821
revised certification for that and all subsequent years shall be	47822
made to the director of budget and managementdepartment of	47823
education.	47824

(F) Beginning in August 2002, and ending in February 2017,	47825
the director of budget and management shall transfer from the	47826
school district property tax replacement fund to the general	47827
revenue fund each of the following:	47828

(1) Between the twenty-eighth day of August and the fifth	47829
day of September, the lesser of one-half of the amount certified	47830
for that fiscal year under division (A)(2) of this section or the	47831
balance in the school district property tax replacement fund;	47832

(2) Between the first and fifth days of March, the lesser of	47833
one-half of the amount certified for that fiscal year under	47834
division (A)(2) of this section or the balance in the school	47835
district property tax replacement fund.	47836

(G) By August 5, 2002, the tax commissioner shall estimate	47837
the amount of money in the school district property tax	47838
replacement fund in excess of the amount necessary to make	47839
payments in that month under divisions (C), (D), and (E), and (F)	47840
of this section. Notwithstanding division (C) of this section,	47841
the department of education, in consultation with the tax	47842
commissioner and from those excess funds, may pay any school	47843
district four and one-half times the amount certified under	47844
division (A)(2) of this section. Payments shall be made in order	47845
from the smallest annual loss to the largest annual loss. A	47846
payment made under this division shall be in lieu of the payment	47847
to be made in August 2002 under division (C)(2) of this section.	47848
No payments shall be made in the manner established in this	47849
division to any school district with annual losses from permanent	47850
improvement fixed-rate levies in excess of twenty thousand	47851
dollars, or annual losses from any other fixed-rate levies in	47852
excess of twenty thousand dollars. A school district receiving a	47853
payment under this division is no longer entitled to any further	47854
payments under division (C) of this section.	47855

(G)(H) On the thirty-first day of July of 2003, 2004, 2005,	47856
and 2006, and on the thirty-first day of January and July of 2007	47857
and each year thereafter, if the amount credited to the school	47858
district property tax replacement fund exceeds the amount needed	47859
to make payments from the fund under divisions (C), (D), and (E),	47860
and (F) of this section in the following month, the director of	47861
budget and managementdepartment of education shall distribute the	47862
excess among school districts and joint vocational school	47863
districts. The amount distributed to each district shall bear the	47864
same proportion to the excess remaining in the fund as the ADM of	47865
the district bears to the ADM of all of the districts. For the	47866
purpose of this division, "ADM" means the formula ADM in the case	47867
of a school district, and the average daily membership reported	47868
under section 3317.03 of the Revised Code in the case of a joint	47869
vocational school district.	47870

If, in the opinion of the director of budget and management	47871
department of education, the excess remaining in the school	47872
district property tax replacement fund in any year is not	47873
sufficient to warrant distribution under this division, the excess	47874
shall remain to the credit of the fund.	47875

Amounts received by a school district or joint vocational	47876
school district under this division shall be used exclusively for	47877
capital improvements.	47878

(H) If(I) From fiscal year 2002 through fiscal year 2016,	47879
if the total amount in the school district property tax	47880
replacement fund is insufficient to make all payments under	47881
divisions (C), (D), and (E) of this section, the payments required	47882
under division (E) of this section shall be made first in their	47883
entirety. After all payments are made under division (E) of this	47884
section, payments under divisions (C) and (D) of this section	47885
shall be made from the balance of money available in the	47886
proportion of each school district's or joint vocational school	47887
district's payment amount to the total amount of payments under	47888
divisions (C) and (D) of this sectionat the time the payments are	47889
to be made, the director of budget and management shall transfer	47890
from the general revenue fund to the school district property tax	47891
replacement fund the difference between the total amount to be	47892
paid and the total amount in the school district property tax	47893
replacement fund.	47894

(I)(J) If all or a part of the territory of a school	47895
district or joint vocational school district is merged with or	47896
transferred to another district, the department of education, in	47897
consultation with the tax commissioner shall adjust the payments	47898
made under this section to each of the districts in proportion to	47899
the tax value loss apportioned to the merged or transferred	47900
territory.	47901

(J)(K) There is hereby created the public utility property	47902
tax study committee, effective January 1, 2011. The committee	47903
shall consist of the following seven members: the tax	47904
commissioner, three members of the senate appointed by the	47905
president of the senate, and three members of the house of	47906
representatives appointed by the speaker of the house of	47907
representatives. The appointments shall be made not later than	47908
January 31, 2011. The tax commissioner shall be the chairperson of	47909
the committee.	47910

The committee shall study the extent to which each school	47911
district or joint vocational school district has been compensated,	47912
under sections 5727.84 and 5727.85 of the Revised Code as enacted	47913
by Substitute Senate Bill No. 3 of the 123rd general assembly and	47914
any subsequent acts, for the property tax loss caused by the	47915
reduction in the assessment rates for natural gas, electric, and	47916
rural electric company tangible personal property. Not later than	47917
June 30, 2011, the committee shall issue a report of its findings,	47918
including any recommendations for providing additional	47919
compensation for the property tax loss or regarding remedial	47920
legislation, to the president of the senate and the speaker of the	47921
house of representatives, at which time the committee shall cease	47922
to exist.	47923

The department of taxation and department of education shall	47924
provide such information and assistance as is required for the	47925
committee to carry out its duties.	47926

Sec. 5727.86.  (A) Not later than January 1, 2002, the tax	47927
commissioner shall certify to the director of budget and	47928
management, for all taxing districts in each local taxing unit,	47929
the fixed-rate levy loss determined under division (G), and the	47930
fixed-sum levy loss determined under division (H), of section	47931
5727.84 of the Revised Code. Based on that certification, the	47932
director shall compute the payments to be made to each local	47933
taxing unit for each year according to divisions (A)(1), (2), and	47934
(3), and (4) and division (E) of this section, and shall	47935
distribute the payments in the manner prescribed by division (C)	47936
of this section. The certificationcalculation of the fixed-sum	47937
levy loss shall cover a time period sufficient to include all	47938
fixed-sum levies for which the tax commissioner determined,	47939
pursuant to division (H) of section 5727.84 of the Revised Code,	47940
that a fixed-sum levy loss is to be reimbursed.	47941

(1) Except as provided in divisiondivisions (A)(3) and (4)	47942
of this section, for fixed-rate levy losses determined under	47943
division (G) of section 5727.84 of the Revised Code, payments	47944
shall be made in each of the following years at the following	47945
percentage of the fixed-rate levy loss certified under division	47946
(A) of this section:	47947

(2) For fixed-sum levy losses determined under division (H)	47965
of section 5727.84 of the Revised Code, payments shall be made in	47966
the amount of one hundred per cent of the fixed-sum levy loss	47967
certified under division (A) of this section for payments required	47968
to be made in 2002 and thereafter.	47969

(3) A local taxing unit in a county of less than two hundred	47970
fifty square miles that receives eighty per cent or more of its	47971
combined general fund and bond retirement fund revenues from	47972
property taxes and rollbacks based on 1997 actual revenues as	47973
presented in its 1999 tax budget, and in which electric companies	47974
and rural electric companies comprise over twenty per cent of its	47975
property valuation, shall receive one hundred per cent of its	47976
fixed-rate levy losses from electric company tax value losses	47977
certified under division (A) of this section in years 2002 to	47978
2016.	47979

(4) For taxes levied within the ten-mill limitation for debt	47980
purposes in tax year 1998 in the case of electric company tax	47981
value losses, and in tax year 1999 in the case of natural gas	47982
company tax value losses, payments shall be made equal to one	47983
hundred per cent of the loss computed as if the tax were a	47984
fixed-rate levy, but those payments shall extend from fiscal year	47985
2006 through fiscal year 2016.	47986

(B) Beginning in 2003, by the thirty-first day of January of	47987
each year, the tax commissioner shall review the certification	47988
calculation originally made under division (A) of this section of	47989
the fixed-sum levy loss determined under division (H) of section	47990
5727.84 of the Revised Code. If the commissioner determines that	47991
a fixed-sum levy that had been scheduled to be reimbursed in the	47992
current year has expired, a revised certificationcalculation for	47993
that and all subsequent years shall be made.	47994

(C) Payments to local taxing units required to be made under	47995
divisions (A) and (E) of this section shall be paid from the local	47996
government property tax replacement fund to the county undivided	47997
income tax fund in the proper county treasury. One-half of the	47998
amount certified under those divisions shall be paid on or before	47999
each of the days prescribed for the settlements under divisions	48000
(A) and (C) of section 321.24 of the Revised Codebetween the	48001
twenty-first and twenty-eighth days of August and of February. The	48002
county treasurer shall distribute amounts paid under division (A)	48003
of this section to the proper local taxing unit as if they had	48004
been levied and collected as taxes, and the local taxing unit	48005
shall apportion the amounts so received among its funds in the	48006
same proportions as if those amounts had been levied and collected	48007
as taxes. Amounts distributed under division (E) of this section	48008
shall be credited to the general fund of the local taxing unit	48009
that receives them.	48010

(D) By February 5, 2002, the tax commissioner shall estimate	48011
the amount of money in the local government property tax	48012
replacement fund in excess of the amount necessary to make	48013
payments in that month under division (C) of this section.	48014
Notwithstanding division (A) of this section, the tax commissioner	48015
may pay any local taxing unit, from those excess funds, nine and	48016
four-tenths times the amount computed for 2002 under division	48017
(A)(1) of this section. A payment made under this division shall	48018
be in lieu of the payment to be made in February 2002 under	48019
division (A)(1) of this section. A local taxing unit receiving a	48020
payment under this division will no longer be entitled to any	48021
further payments under division (A)(1) of this section. A payment	48022
made under this division shall be paid from the local government	48023
property tax replacement fund to the county undivided income tax	48024
fund in the proper county treasury. The county treasurer shall	48025
distribute the payment to the proper local taxing unit as if it	48026
had been levied and collected as taxes, and the local taxing unit	48027
shall apportion the amounts so received among its funds in the	48028
same proportions as if those amounts had been levied and collected	48029
as taxes.	48030

(E) On the thirty-first day of July of 2002, 2003, 2004,	48031
2005, and 2006, and on the thirty-first day of January and July of	48032
2007 and each year thereafter, if the amount credited to the local	48033
government property tax replacement fund exceeds the amount needed	48034
to be distributed from the fund under division (A) of this section	48035
in the following month, the director of budget and managementtax	48036
commissioner shall distribute the excess to each county as	48037
follows:	48038

(1) One-half shall be distributed to each county in	48039
proportion to each county's population.	48040

(2) One-half shall be distributed to each county in the	48041
proportion that the amounts determined under divisions (G) and (H)	48042
of section 5727.84 of the Revised Code for all local taxing units	48043
in the county is of the total amounts so determined for all local	48044
taxing units in the state.	48045

The amounts distributed to each county under this division	48046
shall be distributed by the county budget commissiontreasurer to	48047
each local taxing unit in the county in the proportion that the	48048
unit's current taxes charged and payable are of the total current	48049
taxes charged and payable of all the local taxing units in the	48050
county. As used in this division, "current taxes charged and	48051
payable" means the taxes charged and payable as most recently	48052
determined for local taxing units in the county.	48053

If, in the opinion of the director of budget and management	48054
tax commissioner, the excess remaining in the local government	48055
property tax replacement fund in any year is not sufficient to	48056
warrant distribution under this division, the excess shall remain	48057
to the credit of the fund.	48058

(F) IfFrom fiscal year 2002 through fiscal year 2016, if the	48059
total amount in the local government property tax replacement fund	48060
is insufficient to make all payments under division (C) of this	48061
section, the payments required under division (A)(2) of this	48062
section shall be made first in their entirety. After all such	48063
payments are made, payments under divisions (A)(1) and (3) of this	48064
section shall be made from the balance of money available in the	48065
proportion of each local taxing unit's payment amount to the total	48066
amount of all payments to be made under divisions (A)(1) and (3)	48067
of this sectionat the times the payments are to be made, the	48068
director of budget and management shall transfer from the general	48069
revenue fund to the local government property tax replacement fund	48070
the difference between the total amount to be paid and the amount	48071
in the local government property tax replacement fund.	48072

(G) If all or a part of the territories of two or more local	48073
taxing units are merged, or unincorporated territory of a township	48074
is annexed by a municipal corporation, the tax commissioner shall	48075
adjust the payments made under this section to each of the local	48076
taxing units in proportion to the tax value loss apportioned to	48077
the merged or annexed territory, or as otherwise provided by a	48078
written agreement between the legislative authorities of the local	48079
taxing units certified to the tax commissioner not later than the	48080
first day of June of the calendar year in which the payment is to	48081
be made.	48082

Sec. 5727.87.  (A) As used in this section:

48083

(1) "Administrative fees" means the dollar percentages	48084
allowed by the county auditor for services or by the county	48085
treasurer as fees, or paid to the credit of the real estate	48086
assessment fund, under divisions (A) and (B) of section 319.54 and	48087
division (A) of section 321.26 of the Revised Code.	48088

(2) "Administrative fee loss" means a county's loss of	48089
administrative fees due to its tax value loss, determined as	48090
follows:	48091

(a) For purposes of the determination made under division	48092
(B) of this section in the years 2002 through 2006, the	48093
administrative fee loss shall be computed by multiplying the	48094
amounts determined for all taxing districts in the county under	48095
divisions (G) and (H) of section 5727.84 of the Revised Code by	48096
nine thousand six hundred fifty-nine ten-thousandths of aone per	48097
cent, if total taxes collected in the county in tax year 19981999	48098
exceeded one hundred fifty million dollars, or one and one	48099
thousand one hundred fifty-nine ten-thousandths of aone per cent,	48100
if total taxes collected in the county in tax year 19981999 were	48101
one hundred fifty million dollars or less;	48102

(b) For purposes of the determination under division (B) of	48103
this section in the years 2007 through 2011, the administrative	48104
fee loss shall be determined by subtracting from the dollar amount	48105
of administrative fees collected in the county in tax year 1998	48106
1999, the dollar amount of administrative fees collected in the	48107
county in the current calendar year.	48108

(3) "Total taxes collected" means all money collected on any	48109
tax duplicate of the county, other than the estate tax duplicates.	48110
"Total taxes collected" does not include amounts received pursuant	48111
to divisions (F) and (G) of section 321.24 or section 323.156 of	48112
the Revised Code.	48113

(B) Not later than the thirty-first day of December of 2001	48114
through 2005, the tax commissioner shall certify to each county	48115
auditor the tax levy losses calculated under divisions (G) and (H)	48116
of section 5727.84 of the Revised Code for each school district,	48117
joint vocational school district, and local taxing unit in the	48118
county. Not later than the firstthirty-first day of JuneJanuary	48119
of 2002 through 2011, the county auditor shall determine the	48120
administrative fee loss for the county and certify it to the	48121
county budget commission. Notwithstanding divisions (C), (D), and	48122
(E) of section 5727.85 and division (C) of section 5727.86 of the	48123
Revised Code, prior to distribution by the county treasurer of the	48124
payments provided under those divisions, the county budget	48125
commission shall deduct from those payments the amount of the	48126
administrative fee loss certified by the county auditor, as	48127
follows:	48128

(1) Seventy per cent of the administrative fee loss shall be	48129
deducted from the payments provided under divisions (C), (D), and	48130
(E) of section 5727.85 of the Revised Code.	48131

(2) Thirty per cent of the administrative fee loss shall be	48132
deducted from the payments provided under division (C) of section	48133
5727.86 of the Revised Codeand apportion that loss ratably among	48134
the school districts, joint vocational school districts, and local	48135
taxing units on the basis of the tax levy losses certified under	48136
this division.	48137

(C) On or before each of the days prescribed for the	48138
settlements under divisions (A) and (C) of section 321.24 of the	48139
Revised Code in the years 2002 through 2011, the county budget	48140
commissiontreasurer shall paydeduct one-half of the amount	48141
apportioned to each school district, joint vocational school	48142
district, and local taxing unit from the portions of revenue	48143
payable to them.	48144

(D) On or before each of the days prescribed for	48145
settlements under divisions (A) and (C) of section 321.24 of the	48146
Revised Code in the years 2002 through 2011, the county auditor	48147
shall cause to be deposited an amount equal to one-half of the	48148
amount of the administrative fee loss to the county auditor,	48149
county treasurer, or real estate assessment fund as if the amount	48150
had been allowed as administrative fees, and shall deposit the	48151
amount in the same funds as if allowed as administrative fees.	48152

After payment of the administrative fee loss on or before	48153
August 10, 2011, all payments under this section shall cease.	48154

Sec. 5728.08.  Except as provided in section 5728.03 of the	48155
Revised Code and except as otherwise provided in this section,	48156
whoever is liable for the payment of the tax levied by section	48157
5728.06 of the Revised Code, on or before the last day of each	48158
January, April, July, and October, shall file with the treasurer	48159
of statetax commissioner, on forms prescribed by the tax	48160
commissioner, a highway use tax return and make payment of the	48161
full amount of the tax due for the operation of each commercial	48162
car and commercial tractor for the next preceding three calendar	48163
months. If the commercial cars or commercial tractors are farm	48164
trucks and the amount of motor fuel used to operate the trucks	48165
during the next preceding twelve calendar months was less than	48166
fifteen thousand gallons, the highway use tax return shall be	48167
filed and the full amount of tax due paid on or before the last	48168
day of each July for the next preceding twelve calendar months. If	48169
the commercial cars or commercial tractors are farm trucks and the	48170
amount of motor fuel used to operate the trucks during the next	48171
preceding twelve calendar months was fifteen thousand gallons or	48172
more, the highway use tax return shall be filed and the full	48173
amount of the tax due paid either on or before the last day of	48174
each July for the next preceding twelve calendar months, or on or	48175
before the last day of each January, April, July, and October for	48176
the next preceding three calendar months, at the option of the	48177
person liable for payment of the tax. If the commercial cars or	48178
commercial tractors are not farm trucks, and if, in the estimation	48179
of the tax commissioner, the amount of the tax due does not	48180
warrant quarterly filing, the commissioner may authorize the	48181
filing of the highway use tax return and payment of the full	48182
amount due on or before the last day of each July for the next	48183
preceding twelve months.	48184

Immediately upon the receipt of a highway use tax return, the	48185
treasurer of state shall mark on the return the date it was	48186
received by the treasurer of state and the amount of tax payment	48187
accompanying the return and shall transmit the return to theThe	48188
tax commissioner shall immediately forward to the treasurer of	48189
state all money received from the tax levied by section 5728.06 of	48190
the Revised Code.	48191

The treasurer of state shall place to the credit of the tax	48192
refund fund created by section 5703.052 of the Revised Code, out	48193
of receipts from the taxes levied by section 5728.06 of the	48194
Revised Code, amounts equal to the refund certified by the tax	48195
commissioner pursuant to section 5728.061 of the Revised Code.	48196
Receipts from the tax shall be used by the tax commissioner to	48197
defray expenses incurred by the department of taxation in	48198
administering sections 5728.01 to 5728.14 of the Revised Code.	48199

All moneys received in the state treasury from taxes levied	48200
by section 5728.06 of the Revised Code and fees assessed under	48201
sections 5728.02 and 5728.03 of the Revised Code which are not	48202
required to be placed to the credit of the tax refund fund as	48203
provided by this section shall, during each calendar year, be	48204
credited to the highway improvement bond retirement fund created	48205
by section 5528.12 of the Revised Code until the commissioners of	48206
the sinking fund certify to the treasurer of state, as required by	48207
section 5528.17 of the Revised Code, that there are sufficient	48208
moneys to the credit of the highway improvement bond retirement	48209
fund to meet in full all payments of interest, principal, and	48210
charges for the retirement of bonds and other obligations issued	48211
pursuant to Section 2g of Article VIII, Ohio Constitution, and	48212
sections 5528.10 and 5528.11 of the Revised Code due and payable	48213
during the current calendar year and during the next succeeding	48214
calendar year. From the date of the receipt of the certification	48215
required by section 5528.17 of the Revised Code by the treasurer	48216
of state until the thirty-first day of December of the calendar	48217
year in which the certification is made, all moneys received in	48218
the state treasury from taxes levied under section 5728.06 of the	48219
Revised Code and fees assessed under sections 5728.02 and 5728.03	48220
of the Revised Code which are not required to be placed to the	48221
credit of the tax refund fund as provided by this section shall be	48222
credited to the highway obligations bond retirement fund created	48223
by section 5528.32 of the Revised Code until the commissioners of	48224
the sinking fund certify to the treasurer of state, as required by	48225
section 5528.38 of the Revised Code, that there are sufficient	48226
moneys to the credit of the highway obligations bond retirement	48227
fund to meet in full all payments of interest, principal, and	48228
charges for the retirement of bonds and other obligations issued	48229
pursuant to Section 2i of Article VIII, Ohio Constitution, and	48230
sections 5528.30 and 5528.31 of the Revised Code due and payable	48231
during the current calendar year and during the next succeeding	48232
calendar year. From the date of the receipt of the certification	48233
required by section 5528.38 of the Revised Code by the treasurer	48234
of state until the thirty-first day of December of the calendar	48235
year in which the certification is made, all moneys received in	48236
the state treasury from taxes levied under section 5728.06 of the	48237
Revised Code and fees assessed under sections 5728.02 and 5728.03	48238
of the Revised Code which are not required to be placed to the	48239
credit of the tax refund fund as provided by this section shall be	48240
credited to the highway operating fund created by section 5735.291	48241
of the Revised Code, except as provided by the next succeeding	48242
paragraph of this section.	48243

From the date of the receipt by the treasurer of state of	48244
certifications from the commissioners of the sinking fund, as	48245
required by sections 5528.18 and 5528.39 of the Revised Code,	48246
certifying that the moneys to the credit of the highway	48247
improvement bond retirement fund are sufficient to meet in full	48248
all payments of interest, principal, and charges for the	48249
retirement of all bonds and other obligations which may be issued	48250
pursuant to Section 2g of Article VIII, Ohio Constitution, and	48251
sections 5528.10 and 5528.11 of the Revised Code, and to the	48252
credit of the highway obligations bond retirement fund are	48253
sufficient to meet in full all payments of interest, principal,	48254
and charges for the retirement of all obligations issued pursuant	48255
to Section 2i of Article VIII, Ohio Constitution, and sections	48256
5528.30 and 5528.31 of the Revised Code, all moneys received in	48257
the state treasury from the taxes levied under section 5728.06 and	48258
fees assessed under sections 5728.02 and 5728.03 of the Revised	48259
Code, which are not required to be placed to the credit of the tax	48260
refund fund as provided by this section, shall be deposited to the	48261
credit of the highway operating fund.	48262

As used in this section, "farm truck" means any commercial	48263
car or commercial tractor that is registered as a farm truck under	48264
Chapter 4503. of the Revised Code.	48265

Sec. 5729.07.  As used in this section:

48266

(A) "Eligible employee" and "eligible training costs" have	48267
the same meanings as in section 5733.42 of the Revised Code.	48268

(B) "Credit period" means the calendar year ending on the	48269
thirty-first day of December next preceding the day the annual	48270
statement is required to be returned under section 5729.02 of the	48271
Revised Code.	48272

There is hereby allowed a nonrefundable credit against the	48273
tax imposed under this chapter for a foreign insurance company for	48274
which a tax credit certificate is issued under section 5733.42 of	48275
the Revised Code. The credit may be claimed for credit periods	48276
beginning on or after January 1, 20012003, and ending on or	48277
before December 31, 20032005. The amount of the credit for the	48278
credit period beginning on January 1, 2003, shall equal one-half	48279
of the average of the eligible training costs paid or incurred by	48280
the company during the three calendar years immediately preceding	48281
the credit period for which the credit is claimed1998, 1999, and	48282
2000, not to exceed one thousand dollars for each eligible	48283
employee on account of whom eligible training costs were paid or	48284
incurred by the company. The amount of the credit for the credit	48285
period beginning on January 1, 2004, shall equal one-half of the	48286
average of the eligible training costs paid or incurred by the	48287
company during calendar years 2002, 2003, and 2004, not to exceed	48288
one thousand dollars for each eligible employee on account of whom	48289
eligible training costs were paid or incurred by the company. The	48290
amount of the credit for the credit period beginning on January 1,	48291
2005, shall equal one-half of the average of the eligible training	48292
costs paid or incurred by the company during calendar years 2003,	48293
2004, and 2005, not to exceed one thousand dollars for each	48294
eligible employee on account of whom eligible training costs were	48295
paid or incurred by the company. The credit claimed by a company	48296
for each credit period shall not exceed one hundred thousand	48297
dollars.	48298

A foreign insurance company shall apply to the director of	48299
job and family services for a tax credit certificate in the manner	48300
prescribed by division (C) of section 5733.42 of the Revised Code.	48301
Divisions (C) to (H) of that section govern the tax credit allowed	48302
by this section, except that "credit period" shall be substituted	48303
for "tax year with respect to a calendar year" wherever that	48304
phrase appears in those divisions and that the company shall be	48305
considered a taxpayer for the purposes of those divisions.	48306

A foreign insurance company may carry forward the credit	48307
allowed under this section to the extent that the credit exceeds	48308
the company's tax due for the credit period. The company may	48309
carry the excess credit forward for three credit periods following	48310
the credit period for which the credit is first claimed under this	48311
section. The credit allowed by this section is in addition to any	48312
credit allowed under section 5729.031 of the Revised Code.	48313

The reduction in the tax due under this chapter to the extent	48314
of the credit allowed by this section does not increase the amount	48315
of the tax otherwise due under section 5729.06 of the Revised	48316
Code.	48317

Sec. 5731.21.  (A)(1)(a) Except as provided under division	48318
(A)(3) of this section, the executor or administrator, or, if no	48319
executor or administrator has been appointed, another person in	48320
possession of property the transfer of which is subject to estate	48321
taxes under section 5731.02 or division (A) of section 5731.19 of	48322
the Revised Code, shall file an estate tax return, within nine	48323
months of the date of the decedent's death, in the form prescribed	48324
by the tax commissioner, in duplicate, with the probate court of	48325
the county. The return shall include all property the transfer of	48326
which is subject to estate taxes, whether that property is	48327
transferred under the last will and testament of the decedent or	48328
otherwise. The time for filing the return may be extended by the	48329
tax commissioner.	48330

(b) The estate tax return described in division (A)(1)(a) of	48331
this section shall be accompanied by a certificate, in the form	48332
prescribed by the tax commissioner, that is signed by the	48333
executor, administrator, or other person required to file the	48334
return, and that states all of the following:	48335

(i) The fact that the return was filed;

48336

(ii) The date of the filing of the return;

48337

(iii) The fact that the estate taxes under section 5731.02	48338
or division (A) of section 5731.19 of the Revised Code, that are	48339
shown to be due in the return, have been paid in full;	48340

(iv) If applicable, the fact that real property listed in	48341
the inventory for the decedent's estate is included in the return;	48342

(v) If applicable, the fact that real property not listed in	48343
the inventory for the decedent's estate, including, but not	48344
limited to, survivorship tenancy property as described in section	48345
5302.17 of the Revised Code or transfer on death property as	48346
described in sections 5302.22 and 5302.23 of the Revised Code,	48347
also is included in the return. In this regard, the certificate	48348
additionally shall describe that real property by the same	48349
description used in the return.	48350

(2) The probate court shall forward one copy of the estate	48351
tax return described in division (A)(1)(a) of this section to the	48352
tax commissioner.	48353

(3) A person may, but shall not be required to, file a	48354
return under division (A) of this section if the decedent was a	48355
resident of this state and the value of the decedent's gross	48356
estate is twenty-five thousand dollars or less in the case of a	48357
decedent dying on or after July 1, 1968, but before January 1,	48358
2001; two hundred thousand dollars or less in the case of a	48359
decedent dying on or after January 1, 2001, but before January 1,	48360
2002; or three hundred thirty-eight thousand three hundred	48361
thirty-three dollars or less in the case of a decedent dying on or	48362
after January 1, 2002. If a probate court issues an order that	48363
grants a summary release from administration in connection with a	48364
decedent's estate under section 2113.031 of the Revised Code, that	48365
order eliminates the duty of all persons to file an estate tax	48366
return and certificate under divisions (A)(1)(a) and (b) of this	48367
section with respect to the estate for which the order was	48368
granted.	48369

(4)(a) Upon receipt of the estate tax return described in	48370
division (A)(1)(a) of this section and the accompanying	48371
certificate described in division (A)(1)(b) of this section, the	48372
probate court promptly shall give notice of the return, by a form	48373
prescribed by the tax commissioner, to the county auditor. The	48374
auditor then shall make a charge based upon the notice and shall	48375
certify a duplicate of the charge to the county treasurer. The	48376
treasurer then shall collect, subject to division (A) of section	48377
5731.25 of the Revised Code or any other statute extending the	48378
time for payment of an estate tax, the tax so charged.	48379

(b) Upon receipt of the return and the accompanying	48380
certificate, the probate court also shall forward the certificate	48381
to the auditor. When satisfied that the estate taxes under	48382
section 5731.02 or division (A) of section 5731.19 of the Revised	48383
Code, that are shown to be due in the return, have been paid in	48384
full, the auditor shall stamp the certificate so forwarded to	48385
verify that payment. The auditor then shall return the stamped	48386
certificate to the probate court.	48387

(5)(a) The certificate described in division (A)(1)(b) of	48388
this section is a public record subject to inspection and copying	48389
in accordance with section 149.43 of the Revised Code. It shall	48390
be kept in the records of the probate court pertaining to the	48391
decedent's estate and is not subject to the confidentiality	48392
provisions of section 5731.90 of the Revised Code.	48393

(b) All persons are entitled to rely on the statements	48394
contained in a certificate as described in division (A)(1)(b) of	48395
this section if it has been filed in accordance with that	48396
division, forwarded to a county auditor and stamped in accordance	48397
with division (A)(4) of this section, and placed in the records of	48398
the probate court pertaining to the decedent's estate in	48399
accordance with division (A)(5)(a) of this section. The real	48400
property referred to in the certificate shall be free of, and may	48401
be regarded by all persons as being free of, any lien for estate	48402
taxes under section 5731.02 and division (A) of section 5731.19 of	48403
the Revised Code.	48404

(B) An estate tax return filed under this section, in the	48405
form prescribed by the tax commissioner, and showing that no	48406
estate tax is due shall result in a determination that no estate	48407
tax is due, if the tax commissioner within three months after the	48408
receipt of the return by the department of taxation, fails to file	48409
exceptions to the return in the probate court of the county in	48410
which the return was filed. A copy of exceptions to a return of	48411
that nature, when the tax commissioner files them within that	48412
period, shall be sent by ordinary mail to the person who filed the	48413
return. The tax commissioner is not bound under this division by	48414
a determination that no estate tax is due, with respect to	48415
property not disclosed in the return.	48416

(C) If the executor, administrator, or other person required	48417
to file an estate tax return fails to file it within nine months	48418
of the date of the decedent's death, the tax commissioner may	48419
determine the estate tax in that estate and issue a certificate of	48420
determination in the same manner as is provided in division (B) of	48421
section 5731.27 of the Revised Code. A certificate of	48422
determination of that nature has the same force and effect as	48423
though a return had been filed and a certificate of determination	48424
issued with respect to the return.	48425

Sec. 5733.02.  Annually, between the first day of January and	48426
the thirty-first day of March or on or before the date as extended	48427
under section 5733.13 of the Revised Code, each taxpayer shall	48428
make a report in writing to the treasurer of statetax	48429
commissioner in such form as the tax commissioner prescribes, and	48430
shall remit to the treasurer of statecommissioner, with the	48431
remittance made payable to the treasurer of state, the amount of	48432
the tax as shown to be due by such report less the amount paid for	48433
the year on a declaration of estimated tax report filed by the	48434
taxpayer as provided by section 5733.021 of the Revised Code.	48435
Remittance shall be made in the form prescribed by the treasurer	48436
of statecommissioner, including electronic funds transfer if	48437
required by section 5733.022 of the Revised Code. The treasurer	48438
shall show on the report the date it was filed and the amount of	48439
the payment remitted to the treasurer. Thereafter, the treasurer	48440
shall immediately transmit all reports filed under this section to	48441
the tax commissioner.	48442

The commissioner shall furnish corporations, on request,	48443
copies of the forms prescribed by the commissioner for the purpose	48444
of making such report. A domestic corporation shall not dissolve,	48445
and a foreign corporation shall not withdraw or retire from	48446
business in Ohio, on or after the first day of January in any year	48447
without making a franchise tax report to the commissioner and	48448
paying or securing the tax charged for the year in which such	48449
dissolution or withdrawal occurs.	48450

The annual corporation report shall be signed by the	48451
president, vice-president, secretary, treasurer, general manager,	48452
superintendent, or managing agent in this state of such	48453
corporation. If a domestic corporation has not completed its	48454
organization, its annual report shall be signed by one of its	48455
incorporators.	48456

The report shall contain the facts, figures, computations,	48457
and attachments that result in the tax charged by this chapter and	48458
determined in the manner provided within the chapter.	48459

Sec. 5733.021.  (A) Each taxpayer which does not in the	48460
month of January file the report and make the payment required by	48461
section 5733.02 of the Revised Code shall make and file a	48462
declaration of estimated tax report for the tax year.	48463

The declaration of estimated tax report shall be filed with	48464
the treasurer of statetax commissioner on or before the last day	48465
of January in such form as prescribed by the tax commissioner, and	48466
shall reflect an estimate of the total amount due under this	48467
chapter for the tax year.	48468

(B) A taxpayer required to file a declaration of estimated	48469
tax report shall make remittance of such estimated tax to the	48470
treasurer of statetax commissioner as follows:	48471

(1) The entire estimated tax at the time of filing the	48472
declaration of estimated tax report, if such estimated tax is not	48473
in excess of the minimum tax as provided in section 5733.06 of the	48474
Revised Code;	48475

(2) If the estimated tax is in excess of the minimum tax:

48476

(a) One-third of the estimated tax at the time of filing the	48477
declaration of estimated tax report;	48478

(b) Two-thirds of the estimated tax on or before the last	48479
day of March of the tax year, unless the report and payment	48480
required by section 5733.02 of the Revised Code isare filed and	48481
paid on or before the last day of March of the tax year;.	48482

(3) If the estimated tax due is in excess of the minimum	48483
tax, and an extension of time for filing the report required by	48484
section 5733.02 of the Revised Code has been granted pursuant to	48485
section 5733.13 of the Revised Code;:	48486

(a) One-third of the estimated tax at the time of filing the	48487
declaration of estimated tax report;	48488

(b) One-third of the estimated tax on or before the last day	48489
of March of the tax year;	48490

(c) One-third of the estimated tax on or before the last day	48491
of May of the tax year, unless the report and payments required by	48492
section 5733.02 of the Revised Code are filed and paid on or	48493
before the last day of May of the tax year.	48494

Remittance of the estimated tax shall be made payable to the	48495
treasurer of state and shall be made in the form prescribed by the	48496
treasurer of statetax commissioner, including electronic funds	48497
transfer if required by section 5733.022 of the Revised Code.	48498

The tax commissioner shall immediately forward to the	48499
treasurer of state all amounts received under this section, and	48500
the treasurer of state shall credit all payments of such estimated	48501
tax as provided in section 5733.12 of the Revised Code, shall show	48502
on all reports the date each was filed and the amount of payment	48503
remitted, and shall immediately transmit all reports filed under	48504
this section to the tax commissioner.	48505

Sec. 5733.053.  (A) As used in this section:

48506

(1) "Transfer" means a transaction or series of related	48507
transactions in which a corporation directly or indirectly	48508
transfers or distributes substantially all of its assets or equity	48509
to another corporation, if the transfer or distribution qualifies	48510
for nonrecognition of gain or loss under the Internal Revenue	48511
Code.	48512

(2) "Transferor" means a corporation that has made a	48513
transfer.	48514

(3) "Transferee" means a corporation that received	48515
substantially all of the assets or equity of a transferor in a	48516
transfer.	48517

(B) ForExcept as provided in division (F) of this section,	48518
for purposes of valuing its issued and outstanding shares of stock	48519
under division (B) of section 5733.05 of the Revised Code, a	48520
transferee shall add to its net income allocated or apportioned to	48521
this state its transferor's net income allocated or apportioned to	48522
this state. The transferee shall add such income in computing its	48523
tax for the same tax year or years that such income would have	48524
been reported by the transferor if the transfer had not been made.	48525
The transferee shall add such income only to the extent the income	48526
is not required to be reported by the transferor for the purposes	48527
of the tax imposed by divisions (A) and (B) of section 5733.06 of	48528
the Revised Code.	48529

(C) The following shall be determined in the same manner as	48530
if the transfer had not been made:	48531

(1) The transferor's net income allocated or apportioned to	48532
this state for the tax year under divisions (B)(1) and (2) of	48533
section 5733.05 of the Revised Code;	48534

(2) The transferor's requirements for the combination of net	48535
income under section 5733.052 of the Revised Code;	48536

(3) Any other determination regarding the transferor that is	48537
necessary to avoid an absurd or unreasonable result in the	48538
application of this chapter.	48539

(D) A transferee shall be allowed the following credits and	48540
shall make the following adjustments in the same manner that they	48541
would have been available to the transferor:	48542

(1) The credits enumerated in section 5733.98 of the	48543
Revised Code;	48544

(2) The deduction under division (I)(1) of section 5733.04	48545
of the Revised Code for net operating losses incurred by its	48546
transferor, subject to the limitations set forth in sections 381	48547
and 382 of the Internal Revenue Code concerning net operating loss	48548
carryovers;	48549

(3) Any other deduction from or addition to net income under	48550
this chapter involving the transferor, the disallowance of which	48551
would be absurd or unreasonable. Such adjustments to net income	48552
and allowance of credits shall be subject to the limitations set	48553
forth in sections 381 and 382 of the Internal Revenue Code and	48554
regulations prescribed thereunder.	48555

(E) If a transferee subject to this section subsequently	48556
becomes a transferor, any net income that the transferee would	48557
have been required to add under division (B) of this section shall	48558
be included in its income as a transferor and any credits or	48559
adjustments to which the transferee would have been entitled	48560
under division (D) of this section shall be available to it as a	48561
transferor.	48562

(F) The amendments made to this section by Am. Sub. S.B.	48563
287 of the 123rd general assembly do not apply to any transfer for	48564
which negotiations began prior to January 1, 2001, and that was	48565
commenced in and completed during calendar year 2001, unless the	48566
transferee makes an election prior to December 31, 2001, to apply	48567
those amendments.	48568

Sec. 5733.056.  (A) As used in this section:

48569

(1) "Billing address" means the address where any notice,	48570
statement, or bill relating to a customer's account is mailed, as	48571
indicated in the books and records of the taxpayer on the first	48572
day of the taxable year or on such later date in the taxable year	48573
when the customer relationship began.	48574

(2) "Borrower or credit card holder located in this state"	48575
means:	48576

(a) A borrower, other than a credit card holder, that is	48577
engaged in a trade or business and maintains its commercial	48578
domicile in this state; or	48579

(b) A borrower that is not engaged in a trade or business,	48580
or a credit card holder, whose billing address is in this state.	48581

(3) "Branch" means a "domestic branch" as defined in section	48582
3 of the "Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C.	48583
1813(o), as amended.	48584

(4) "Compensation" means wages, salaries, commissions, and	48585
any other form of remuneration paid to employees for personal	48586
services that are included in such employee's gross income under	48587
the Internal Revenue Code. In the case of employees not subject	48588
to the Internal Revenue Code, such as those employed in foreign	48589
countries, the determination of whether such payments would	48590
constitute gross income to such employees under the Internal	48591
Revenue Code shall be made as though such employees were subject	48592
to the Internal Revenue Code.	48593

(5) "Credit card" means a credit, travel, or entertainment	48594
card.	48595

(6) "Credit card issuer's reimbursement fee" means the fee a	48596
taxpayer receives from a merchant's bank because one of the	48597
persons to whom the taxpayer has issued a credit card has charged	48598
merchandise or services to the credit card.	48599

(7) "Deposits" has the meaning given in section 3 of the	48600
"Federal Deposit Insurance Act," 64 Stat. 873, 12 U.S.C. 1813(1),	48601
as amended.	48602

(8) "Employee" means, with respect to a particular taxpayer,	48603
any individual who under the usual common law rules applicable in	48604
determining the employer-employee relationship, has the status of	48605
an employee of that taxpayer.	48606

(9) "Gross rents" means the actual sum of money or other	48607
consideration payable for the use or possession of property.	48608
"Gross rents" includes:	48609

(a) Any amount payable for the use or possession of real	48610
property or tangible personal property whether designated as a	48611
fixed sum of money or as a percentage of receipts, profits, or	48612
otherwise;	48613

(b) Any amount payable as additional rent or in lieu of	48614
rent, such as interest, taxes, insurance, repairs, or any other	48615
amount required to be paid by the terms of a lease or other	48616
arrangement; and	48617

(c) A proportionate part of the cost of any improvement to	48618
real property made by or on behalf of the taxpayer which reverts	48619
to the owner or lessor upon termination of a lease or other	48620
arrangement. The amount to be included in gross rents is the	48621
amount of amortization or depreciation allowed in computing the	48622
taxable income base for the taxable year. However, where a	48623
building is erected on leased land, by or on behalf of the	48624
taxpayer, the value of the land is determined by multiplying the	48625
gross rent by eight, and the value of the building is determined	48626
in the same manner as if owned by the taxpayer.	48627

(d) The following are not included in the term "gross	48628
rents":	48629

(i) Reasonable amounts payable as separate charges for water	48630
and electric service furnished by the lessor;	48631

(ii) Reasonable amounts payable as service charges for	48632
janitorial services furnished by the lessor;	48633

(iii) Reasonable amounts payable for storage, provided such	48634
amounts are payable for space not designated and not under the	48635
control of the taxpayer; and	48636

(iv) That portion of any rental payment which is applicable	48637
to the space subleased from the taxpayer and not used by it.	48638

(10) "Loan" means any extension of credit resulting from	48639
direct negotiations between the taxpayer and its customer, or the	48640
purchase, in whole or in part, of such extension of credit from	48641
another. Loans include debt obligations of subsidiaries,	48642
participations, syndications, and leases treated as loans for	48643
federal income tax purposes. "Loan" does not include: properties	48644
treated as loans under section 595 of the Internal Revenue Code;	48645
futures or forward contracts; options; notional principal	48646
contracts such as swaps; credit card receivables, including	48647
purchased credit card relationships; non-interest bearing balances	48648
due from depositor institutions; cash items in the process of	48649
collection; federal funds sold; securities purchased under	48650
agreements to resell; assets held in a trading account;	48651
securities; interests in a real estate mortgage investment conduit	48652
or other mortgage-backed or asset-backed security; and other	48653
similar items.	48654

(11) "Loan secured by real property" means that fifty per	48655
cent or more of the aggregate value of the collateral used to	48656
secure a loan or other obligation, when valued at fair market	48657
value as of the time the original loan or obligation was incurred,	48658
was real property.	48659

(12) "Merchant discount" means the fee, or negotiated	48660
discount, charged to a merchant by the taxpayer for the privilege	48661
of participating in a program whereby a credit card is accepted in	48662
payment for merchandise or services sold to the card holder.	48663

(13) "Participation" means an extension of credit in which an	48664
undivided ownership interest is held on a pro rata basis in a	48665
single loan or pool of loans and related collateral. In a loan	48666
participation, the credit originator initially makes the loan and	48667
then subsequently resells all or a portion of it to other lenders.	48668
The participation may or may not be known to the borrower.	48669

(14) "Principal base of operations" with respect to	48670
transportation property means the place of more or less permanent	48671
nature from which the property is regularly directed or	48672
controlled. With respect to an employee, the "principal base of	48673
operations" means the place of more or less permanent nature from	48674
which the employee regularly (a) starts work and to which the	48675
employee customarily returns in order to receive instructions from	48676
the employer or (b) communicates with the employee's customers or	48677
other persons or (c) performs any other functions necessary to the	48678
exercise of the trade or profession at some other point or points.	48679

(15) "Qualified institution" means a financial institution	48680
that on or after June 1, 1997:	48681

(a)(i) Has consummated one or more approved transactions	48682
with insured banks with different home states that would qualify	48683
under section 102 of the "Riegle-Neal Interstate Banking and	48684
Branching Efficiency Act of 1994," Public Law 103-328, 108 stat.	48685
Stat. 2338;	48686

(ii) Is a federal savings association or federal savings	48687
bank that has consummated one or more interstate acquisitions that	48688
result in a financial institution that has branches in more than	48689
one state; or	48690

(iii) Has consummated one or more approved interstate	48691
acquisitions under authority of Title XI of the Revised Code that	48692
result in a financial institution that has branches in more than	48693
one state; and	48694

(b) Has at least ten per cent of its deposits in this state	48695
as of the last day of June prior to the beginning of the tax year.	48696

(16) "Real property owned" and "tangible personal property	48697
owned" mean real and tangible personal property, respectively, on	48698
which the taxpayer may claim depreciation for federal income tax	48699
purposes, or to which the taxpayer holds legal title and on which	48700
no other person may claim depreciation for federal income tax	48701
purposes, or could claim depreciation if subject to federal income	48702
tax. Real and tangible personal property do not include coin,	48703
currency, or property acquired in lieu of or pursuant to a	48704
foreclosure.	48705

(17) "Regular place of business" means an office at which the	48706
taxpayer carries on its business in a regular and systematic	48707
manner and which is continuously maintained, occupied, and used by	48708
employees of the taxpayer.	48709

(18) "State" means a state of the United States, the District	48710
of Columbia, the commonwealth of Puerto Rico, or any territory or	48711
possession of the United States.	48712

(19) "Syndication" means an extension of credit in which two	48713
or more persons fund and each person is at risk only up to a	48714
specified percentage of the total extension of credit or up to a	48715
specified dollar amount.	48716

(20) "Transportation property" means vehicles and vessels	48717
capable of moving under their own power, such as aircraft, trains,	48718
water vessels and motor vehicles, as well as any equipment or	48719
containers attached to such property, such as rolling stock,	48720
barges, trailers, or the like.	48721

(B) The annual financial institution report determines the	48722
value of the issued and outstanding shares of stock of the	48723
taxpayer, and is the base or measure of the franchise tax	48724
liability. Such determination shall be made as of the date shown	48725
by the report to have been the beginning of the financial	48726
institution's annual accounting period that includes the first day	48727
of January of the tax year. For purposes of this section,	48728
division (A) of section 5733.05, and division (D) of section	48729
5733.06 of the Revised Code, the value of the issued and	48730
outstanding shares of stock of the financial institution shall	48731
include the total value, as shown by the books of the financial	48732
institution, of its capital, surplus, whether earned or unearned,	48733
undivided profits, and reserves, but exclusive of:	48734

(1) Reserves for accounts receivable, depreciation,	48735
depletion, and any other valuation reserves with respect to	48736
specific assets;	48737

(2) Taxes due and payable during the year for which such	48738
report was made;	48739

(3) Voting stock and participation certificates in	48740
corporations chartered pursuant to the "Farm Credit Act of 1971,"	48741
85 Stat. 597, 12 U.S.C. 2091, as amended;	48742

(4) Good will, appreciation, and abandoned property as set	48743
up in the annual report of the financial institution, provided a	48744
certified balance sheet of the company is made available upon the	48745
request of the tax commissioner. Such balance sheet shall not be	48746
a part of the public records, but shall be a confidential report	48747
for use of the tax commissioner only.	48748

(5) A portion of the value of the issued and outstanding	48749
shares of stock of such financial institution equal to the amount	48750
obtained by multiplying such value by the quotient obtained by:	48751

(a) Dividing (1) the amount of the financial institution's	48752
assets, as shown on its books, represented by investments in the	48753
capital stock and indebtedness of public utilities of which at	48754
least eighty per cent of the utility's issued and outstanding	48755
common stock is owned by the financial institution by (2) the	48756
total assets of such financial institution as shown on its books;	48757

(b) Dividing (1) the amount of the financial institution's	48758
assets, as shown on its books, represented by investments in the	48759
capital stock and indebtedness of insurance companies of which at	48760
least eighty per cent of the insurance company's issued and	48761
outstanding common stock is owned by the financial institution by	48762
(2) the total assets of such financial institution as shown on its	48763
books;	48764

(c) Dividing (1) the amount of the financial institution's	48765
assets, as shown on its books, represented by investments in the	48766
capital stock and indebtedness of other financial institutions of	48767
which at least twenty-five per cent of the other financial	48768
institution's issued and outstanding common stock is owned by the	48769
financial institution by (2) the total assets of the financial	48770
institution as shown on its books. Division (B)(5)(c) of this	48771
section applies only with respect to such other financial	48772
institutions that for the tax year immediately following the	48773
taxpayer's taxable year will pay the tax imposed by division (D)	48774
of section 5733.06 of the Revised Code.	48775

(6) Land that has been determined pursuant to section	48776
5713.31 of the Revised Code by the county auditor of the county in	48777
which the land is located to be devoted exclusively to	48778
agricultural use as of the first Monday of June in the financial	48779
institution's taxable year.	48780

(7) Property within this state used exclusively during the	48781
taxable year for qualified research as defined in section 5733.05	48782
of the Revised Code.	48783

(C) The base upon which the tax levied under division (D) of	48784
section 5733.06 of the Revised Code shall be computed by	48785
multiplying the value of a financial institution's issued and	48786
outstanding shares of stock as determined in division (B) of this	48787
section by a fraction. The numerator of the fraction is the sum	48788
of the following: the property factor multiplied by fifteen, the	48789
payroll factor multiplied by fifteen, and the sales factor	48790
multiplied by seventy. The denominator of the fraction is one	48791
hundred, provided that the denominator shall be reduced by fifteen	48792
if the property factor has a denominator of zero, by fifteen if	48793
the payroll factor has a denominator of zero, and by seventy if	48794
the sales factor has a denominator of zero.	48795

(D) A financial institution shall calculate the property	48796
factor as follows:	48797

(1) The property factor is a fraction, the numerator of	48798
which is the average value of real property and tangible personal	48799
property rented to the taxpayer that is located or used within	48800
this state during the taxable year, the average value of real and	48801
tangible personal property owned by the taxpayer that is located	48802
or used within this state during the taxable year, and the average	48803
value of the taxpayer's loans and credit card receivables that are	48804
located within this state during the taxable year; and the	48805
denominator of which is the average value of all such property	48806
located or used within and without this state during the taxable	48807
year.	48808

(2)(a) The value of real property and tangible personal	48809
property owned by the taxpayer is the original cost or other basis	48810
of such property for federal income tax purposes without regard to	48811
depletion, depreciation, or amortization.	48812

(b) Loans are valued at their outstanding principal balance,	48813
without regard to any reserve for bad debts. If a loan is	48814
charged-off in whole or in part for federal income tax purposes,	48815
the portion of the loan charged-off is not outstanding. A	48816
specifically allocated reserve established pursuant to financial	48817
accounting guidelines which is treated as charged-off for federal	48818
income tax purposes shall be treated as charged-off for purposes	48819
of this section.	48820

(c) Credit card receivables are valued at their outstanding	48821
principal balance, without regard to any reserve for bad debts.	48822
If a credit card receivable is charged-off in whole or in part for	48823
federal income tax purposes, the portion of the receivable	48824
charged-off is not outstanding.	48825

(3) The average value of property owned by the taxpayer is	48826
computed on an annual basis by adding the value of the property on	48827
the first day of the taxable year and the value on the last day of	48828
the taxable year and dividing the sum by two. If averaging on	48829
this basis does not properly reflect average value, the tax	48830
commissioner may require averaging on a more frequent basis. The	48831
taxpayer may elect to average on a more frequent basis. When	48832
averaging on a more frequent basis is required by the tax	48833
commissioner or is elected by the taxpayer, the same method of	48834
valuation must be used consistently by the taxpayer with respect	48835
to property within and without this state and on all subsequent	48836
returns unless the taxpayer receives prior permission from the tax	48837
commissioner or the tax commissioner requires a different method	48838
of determining value.	48839

(4)(a) The average value of real property and tangible	48840
personal property that the taxpayer has rented from another and is	48841
not treated as property owned by the taxpayer for federal income	48842
tax purposes, shall be determined annually by multiplying the	48843
gross rents payable during the taxable year by eight.	48844

(b) Where the use of the general method described in	48845
division (D)(4)(a) of this section results in inaccurate	48846
valuations of rented property, any other method which properly	48847
reflects the value may be adopted by the tax commissioner or by	48848
the taxpayer when approved in writing by the tax commissioner.	48849
Once approved, such other method of valuation must be used on all	48850
subsequent returns unless the taxpayer receives prior approval	48851
from the tax commissioner or the tax commissioner requires a	48852
different method of valuation.	48853

(5)(a) Except as described in division (D)(5)(b) of this	48854
section, real property and tangible personal property owned by or	48855
rented to the taxpayer is considered to be located within this	48856
state if it is physically located, situated, or used within this	48857
state.	48858

(b) Transportation property is included in the numerator of	48859
the property factor to the extent that the property is used in	48860
this state. The extent an aircraft will be deemed to be used in	48861
this state and the amount of value that is to be included in the	48862
numerator of this state's property factor is determined by	48863
multiplying the average value of the aircraft by a fraction, the	48864
numerator of which is the number of landings of the aircraft in	48865
this state and the denominator of which is the total number of	48866
landings of the aircraft everywhere. If the extent of the use of	48867
any transportation property within this state cannot be	48868
determined, then the property will be deemed to be used wholly in	48869
the state in which the property has its principal base of	48870
operations. A motor vehicle will be deemed to be used wholly in	48871
the state in which it is registered.	48872

(6)(a)(i) A loan, other than a loan or advance described in	48873
division (D)(6)(d) of this section, is considered to be located	48874
within this state if it is properly assigned to a regular place of	48875
business of the taxpayer within this state.	48876

(ii) A loan is properly assigned to the regular place of	48877
business with which it has a preponderance of substantive	48878
contacts. A loan assigned by the taxpayer to a regular place of	48879
business without the state shall be presumed to have been properly	48880
assigned if:	48881

(I) The taxpayer has assigned, in the regular course of its	48882
business, such loan on its records to a regular place of business	48883
consistent with federal or state regulatory requirements;	48884

(II) Such assignment on its records is based upon	48885
substantive contacts of the load to such regular place of	48886
business; and	48887

(III) The taxpayer uses the records reflecting assignment of	48888
loans for the filing of all state and local tax returns for which	48889
an assignment of loans to a regular place of business is required.	48890

(iii) The presumption of proper assignment of a loan	48891
provided in division (D)(6)(a)(ii) of this section may be rebutted	48892
upon a showing by the tax commissioner, supported by a	48893
preponderance of the evidence, that the preponderance of	48894
substantive contacts regarding such loan did not occur at the	48895
regular place of business to which it was assigned on the	48896
taxpayer's records. When such presumption has been rebutted, the	48897
loan shall then be located within this state if (1) the taxpayer	48898
had a regular place of business within this state at the time the	48899
loan was made; and (2) the taxpayer fails to show, by a	48900
preponderance of the evidence, that the preponderance of	48901
substantive contacts regarding such load did not occur within this	48902
state.	48903

(b) In the case of a loan which is assigned by the taxpayer	48904
to a place without this state which is not a regular place of	48905
business, it shall be presumed, subject to rebuttal by the	48906
taxpayer on a showing supported by the preponderance of evidence,	48907
that the preponderance of substantive contacts regarding the loan	48908
occurred within this state if, at the time the loan was made the	48909
taxpayer's commercial domicile was within this state.	48910

(c) To determine the state in which the preponderance of	48911
substantive contacts relating to a loan have occurred, the facts	48912
and circumstances regarding the loan at issue shall be reviewed on	48913
a case-by-case basis and consideration shall be given to such	48914
activities as the solicitation, investigation, negotiation,	48915
approval, and administration of the loan. The terms	48916
"solicitation," "investigation," "negotiation," "approval," and	48917
"administration" are defined as follows:	48918

(i) "Solicitation" is either active or passive. Active	48919
solicitation occurs when an employee of the taxpayer initiates the	48920
contact with the customer. Such activity is located at the	48921
regular place of business which the taxpayer's employee is	48922
regularly connected with or working out of, regardless of where	48923
the services of such employee were actually performed. Passive	48924
solicitation occurs when the customer initiates the contact with	48925
the taxpayer. If the customer's initial contact was not at a	48926
regular place of business of the taxpayer, the regular place of	48927
business, if any, where the passive solicitation occurred is	48928
determined by the facts in each case.	48929

(ii) "Investigation" is the procedure whereby employees of	48930
the taxpayer determine the creditworthiness of the customer as	48931
well as the degree of risk involved in making a particular	48932
agreement. Such activity is located at the regular place of	48933
business which the taxpayer's employees are regularly connected	48934
with or working out of, regardless of where the services of such	48935
employees were actually performed.	48936

(iii) Negotiation is the procedure whereby employees of the	48937
taxpayer and its customer determine the terms of the agreement,	48938
such as the amount, duration, interest rate, frequency of	48939
repayment, currency denomination, and security required. Such	48940
activity is located at the regular place of business to which the	48941
taxpayer's employees are regularly connected or working from,	48942
regardless of where the services of such employees were actually	48943
performed.	48944

(iv) "Approval" is the procedure whereby employees or the	48945
board of directors of the taxpayer make the final determination	48946
whether to enter into the agreement. Such activity is located at	48947
the regular place of business to which the taxpayer's employees	48948
are regularly connected or working from, regardless of where the	48949
services of such employees were actually performed. If the board	48950
of directors makes the final determination, such activity is	48951
located at the commercial domicile of the taxpayer.	48952

(v) "Administration" is the process of managing the account.	48953
This process includes bookkeeping, collecting the payments,	48954
corresponding with the customer, reporting to management regarding	48955
the status of the agreement, and proceeding against the borrower	48956
or the security interest if the borrower is in default. Such	48957
activity is located at the regular place of business that oversees	48958
this activity.	48959

(d) A loan or advance to a subsidiary corporation at least	48960
fifty-one per cent of whose common stock is owned by the financial	48961
institution shall be allocated in and out of the state by the	48962
application of a ratio whose numerator is the sum of the net book	48963
value of the subsidiary's real property owned in this state and	48964
the subsidiary's tangible personal property owned in this state	48965
and whose denominator is the sum of the subsidiary's real property	48966
owned wherever located and the subsidiary's tangible personal	48967
property owned wherever located. For purposes of calculating this	48968
ratio, the taxpayer shall determine net book value in accordance	48969
with generally accepted accounting principles. If the subsidiary	48970
corporation owns at least fifty-one per cent of the common stock	48971
of another corporation, the ratio shall be calculated by including	48972
the other corporation's real property and tangible personal	48973
property. The calculation of the ratio applies with respect to	48974
all lower-tiered subsidiaries, provided that the immediate parent	48975
corporation of the subsidiary owns at least fifty-one per cent of	48976
the common stock of that subsidiary.	48977

(7) For purposes of determining the location of credit card	48978
receivables, credit card receivables shall be treated as loans and	48979
shall be subject to division (D)(6) of this section.	48980

(8) A loan that has been properly assigned to a state shall,	48981
absent any change of material fact, remain assigned to that state	48982
for the length of the original term of the loan. Thereafter, the	48983
loan may be properly assigned to another state if the loan has a	48984
preponderance of substantive contact to a regular place of	48985
business there.	48986

(E) A financial institution shall calculate the payroll	48987
factor as follows:	48988

(1) The payroll factor is a fraction, the numerator of which	48989
is the total amount paid in this state during the taxable year by	48990
the taxpayer for compensation, and the denominator of which is the	48991
total compensation paid both within and without this state during	48992
the taxable year.	48993

(2) Compensation is paid in this state if any one of the	48994
following tests, applied consecutively, is met:	48995

(a) The employee's services are performed entirely within	48996
this state.	48997

(b) The employee's services are performed both within and	48998
without this state, but the service performed without this state	48999
is incidental to the employee's service within this state. The	49000
term "incidental" means any service which is temporary or	49001
transitory in nature, or which is rendered in connection with an	49002
isolated transaction.	49003

(c) The employee's services are performed both within and	49004
without this state, and:	49005

(i) The employee's principal base of operations is within	49006
this state; or	49007

(ii) There is no principal base of operations in any state	49008
in which some part of the services are performed, but the place	49009
from which the services are directed or controlled is in this	49010
state; or	49011

(iii) The principal base of operations and the place from	49012
which the services are directed or controlled are not in any state	49013
in which some part of the service is performed but the employee's	49014
residence is in this state.	49015

(F) A financial institution shall calculate the sales factor	49016
as follows:	49017

(1) The sales factor is a fraction, the numerator of which	49018
is the receipts of the taxpayer in this state during the taxable	49019
year and the denominator of which is the receipts of the taxpayer	49020
within and without this state during the taxable year. The method	49021
of calculating receipts for purposes of the denominator is the	49022
same as the method used in determining receipts for purposes of	49023
the numerator.	49024

(2) The numerator of the sales factor includes receipts from	49025
the lease or rental of real property owned by the taxpayer if the	49026
property is located within this state, or receipts from the	49027
sublease of real property if the property is located within this	49028
state.	49029

(3)(a) Except as described in division (F)(3)(b) of this	49030
section the numerator of the sales factor includes receipts from	49031
the lease or rental of tangible personal property owned by the	49032
taxpayer if the property is located within this state when it is	49033
first placed in service by the lessee.	49034

(b) Receipts from the lease or rental of transportation	49035
property owned by the taxpayer are included in the numerator of	49036
the sales factor to the extent that the property is used in this	49037
state. The extent an aircraft will be deemed to be used in this	49038
state and the amount of receipts that is to be included in the	49039
numerator of this state's sales factor is determined by	49040
multiplying all the receipts from the lease or rental of the	49041
aircraft by a fraction, the numerator of which is the number of	49042
landings of the aircraft in this state and the denominator of	49043
which is the total number of landings of the aircraft. If the	49044
extent of the use of any transportation property within this state	49045
cannot be determined, then the property will be deemed to be used	49046
wholly in the state in which the property has its principal base	49047
of operations. A motor vehicle will be deemed to be used wholly	49048
in the state in which it is registered.	49049

(4)(a) The numerator of the sales factor includes interest	49050
and fees or penalties in the nature of interest from loans secured	49051
by real property if the property is located within this state. If	49052
the property is located both within this state and one or more	49053
other states, the receipts described in this paragraph are	49054
included in the numerator of the sales factor if more than fifty	49055
per cent of the fair market value of the real property is located	49056
within this state. If more than fifty per cent of the fair market	49057
value of the real property is not located within any one state,	49058
then the receipts described in this paragraph shall be included in	49059
the numerator of the sales factor if the borrower is located in	49060
this state.	49061

(b) The determination of whether the real property securing	49062
a loan is located within this state shall be made as of the time	49063
the original agreement was made and any and all subsequent	49064
substitutions of collateral shall be disregarded.	49065

(5) The numerator of the sales factor includes interest and	49066
fees or penalties in the nature of interest from loans not secured	49067
by real property if the borrower is located in this state.	49068

(6) The numerator of the sales factor includes net gains	49069
from the sale of loans. Net gains from the sale of loans includes	49070
income recorded under the coupon stripping rules of section 1286	49071
of the Internal Revenue Code.	49072

(a) The amount of net gains, but not less than zero, from	49073
the sale of loans secured by real property included in the	49074
numerator is determined by multiplying such net gains by a	49075
fraction the numerator of which is the amount included in the	49076
numerator of the sales factor pursuant to division (F)(4) of this	49077
section and the denominator of which is the total amount of	49078
interest and fees or penalties in the nature of interest from	49079
loans secured by real property.	49080

(b) The amount of net gains, but not less than zero, from	49081
the sale of loans not secured by real property included in the	49082
numerator is determined by multiplying such net gains by a	49083
fraction the numerator of which is the amount included in the	49084
numerator of the sales factor pursuant to division (F)(5) of this	49085
section and the denominator of which is the total amount of	49086
interest and fees or penalties in the nature of interest from	49087
loans not secured by real property.	49088

(7) The numerator of the sales factor includes interest and	49089
fees or penalties in the nature of interest from credit card	49090
receivables and receipts from fees charged to card holders, such	49091
as annual fees, if the billing address of the card holder is in	49092
this state.	49093

(8) The numerator of the sales factor includes net gains,	49094
but not less than zero, from the sale of credit card receivables	49095
multiplied by a fraction, the numerator of which is the amount	49096
included in the numerator of the sales factor pursuant to division	49097
(F)(7) of this section and the denominator of which is the	49098
taxpayer's total amount of interest and fees or penalties in the	49099
nature of interest from credit card receivables and fees charged	49100
to card holders.	49101

(9) The numerator of the sales factor includes all credit	49102
card issuer's reimbursement fees multiplied by a fraction, the	49103
numerator of which is the amount included in the numerator of the	49104
sales factor pursuant to division (F)(7) of this section and the	49105
denominator of which is the taxpayer's total amount of interest	49106
and fees or penalties in the nature of interest from credit card	49107
receivables and fees charged to card holders.	49108

(10) The numerator of the sales factor includes receipts	49109
from merchant discount if the commercial domicile of the merchant	49110
is in this state. Such receipts shall be computed net of any card	49111
holder charge backs, but shall not be reduced by any interchange	49112
transaction fees or by any issuer's reimbursement fees paid to	49113
another for charges made by its card holders.	49114

(11)(a)(i) The numerator of the sales factor includes loan	49115
servicing fees derived from loans secured by real property	49116
multiplied by a fraction the numerator of which is the amount	49117
included in the numerator of the sales factor pursuant to division	49118
(F)(4) of this section and the denominator of which is the total	49119
amount of interest and fees or penalties in the nature of interest	49120
from loans secured by real property.	49121

(ii) The numerator of the sales factor includes loan	49122
servicing fees derived from loans not secured by real property	49123
multiplied by a fraction the numerator of which is the amount	49124
included in the numerator of the sales factor pursuant to division	49125
(F)(5) of this section and the denominator of which is the total	49126
amount of interest and fees or penalties in the nature of interest	49127
from loans not secured by real property.	49128

(b) In circumstances in which the taxpayer receives loan	49129
servicing fees for servicing either the secured or the unsecured	49130
loans of another, the numerator of the sales factor shall include	49131
such fees if the borrower is located in this state.	49132

(12) The numerator of the sales factor includes receipts	49133
from services not otherwise apportioned under this section if the	49134
service is performed in this state. If the service is performed	49135
both within and without this state, the numerator of the sales	49136
factor includes receipts from services not otherwise apportioned	49137
under this section, if a greater proportion of the income	49138
producing activity is performed in this state based on cost of	49139
performance.	49140

(13)(a) Interest, dividends, net gains, but not less than	49141
zero, and other income from investment assets and activities and	49142
from trading assets and activities shall be included in the sales	49143
factor. Investment assets and activities and trading assets and	49144
activities include but are not limited to: investment securities;	49145
trading account assets; federal funds; securities purchased and	49146
sold under agreements to resell or repurchase; options; futures	49147
contracts; forward contracts; notional principal contracts such as	49148
swaps; equities; and foreign currency transactions. With respect	49149
to the investment and trading assets and activities described in	49150
divisions (F)(13)(a)(i) and (ii) of this section, the sales factor	49151
shall include the amounts described in such divisions.	49152

(i) The sales factor shall include the amount by which	49153
interest from federal funds sold and securities purchased under	49154
resale agreements exceeds interest expense on federal funds	49155
purchased and securities sold under repurchase agreements.	49156

(ii) The sales factor shall include the amount by which	49157
interest, dividends, gains, and other income from trading assets	49158
and activities, including, but not limited to, assets and	49159
activities in the matched book, in the arbitrage book, and foreign	49160
currency transactions, exceed amounts paid in lieu of interest,	49161
amounts paid in lieu of dividends, and losses from such assets and	49162
activities.	49163

(b) The numerator of the sales factor includes interest,	49164
dividends, net gains, but not less than zero, and other income	49165
from investment assets and activities and from trading assets and	49166
activities described in division (F)(13)(a) of this section that	49167
are attributable to this state.	49168

(i) The amount of interest, other than interest described in	49169
division (F)(13)(b)(iv) of this section, dividends, other than	49170
dividends described in that division, net gains, but not less than	49171
zero, and other income from investment assets and activities in	49172
the investment account to be attributed to this state and included	49173
in the numerator is determined by multiplying all such income from	49174
such assets and activities by a fraction, the numerator of which	49175
is the average value of such assets which are properly assigned to	49176
a regular place of business of the taxpayer within this state and	49177
the denominator of which is the average value of all such assets.	49178

(ii) The amount of interest from federal funds sold and	49179
purchased and from securities purchased under resale agreements	49180
and securities sold under repurchase agreements attributable to	49181
this state and included in the numerator is determined by	49182
multiplying the amount described in division (F)(13)(a)(i) of this	49183
section from such funds and such securities by a fraction, the	49184
numerator of which is the average value of federal funds sold and	49185
securities purchased under agreements to resell which are properly	49186
assigned to a regular place of business of the taxpayer within	49187
this state and the denominator of which is the average value of	49188
all such funds and such securities.	49189

(iii) The amount of interest, dividends, gains, and other	49190
income from trading assets and activities, including but not	49191
limited to assets and activities in the matched book, in the	49192
arbitrage book, and foreign currency transaction, but excluding	49193
amounts described in division (F)(13)(b)(i) or (ii) of this	49194
section, attributable to this state and included in the numerator	49195
is determined by multiplying the amount described in division	49196
(F)(13)(a)(ii) of this section by a fraction, the numerator of	49197
which is the average value of such trading assets which are	49198
properly assigned to a regular place of business of the taxpayer	49199
within this state and the denominator of which is the average	49200
value of all such assets.	49201

(iv) The amount of dividends received on the capital stock	49202
of, and the amount of interest received from loans and advances	49203
to, subsidiary corporations at least fifty-one per cent of whose	49204
common stock is owned by the reporting financial institution shall	49205
be allocated in and out of this state by the application of a	49206
ratio whose numerator is the sum of the net book value of the	49207
payor's real property owned in this state and the payor's tangible	49208
personal property owned in this state and whose denominator is the	49209
sum of the net book value of the payor's real property owned	49210
wherever located and the payor's tangible personal property owned	49211
wherever located. For purposes of calculating this ratio, the	49212
taxpayer shall determine net book value in accordance with	49213
generally accepted accounting principles.	49214

(v) For purposes of this division, average value shall be	49215
determined using the rules for determining the average value of	49216
tangible personal property set forth in division (D)(2) and (3) of	49217
this section.	49218

(c) In lieu of using the method set forth in division	49219
(F)(13)(b) of this section, the taxpayer may elect, or the tax	49220
commissioner may require in order to fairly represent the business	49221
activity of the taxpayer in this state, the use of the method set	49222
forth in division (F)(13)(c) of this section.	49223

(i) The amount of interest, other than interest described in	49224
division (F)(13)(b)(iv) of this section, dividends, other than	49225
dividends described in that division, net gains, but not less than	49226
zero, and other income from investment assets and activities in	49227
the investment account to be attributed to this state and included	49228
in the numerator is determined by multiplying all such income from	49229
such assets and activities by a fraction, the numerator of which	49230
is the gross income from such assets and activities which are	49231
properly assigned to a regular place of business of the taxpayer	49232
within this state, and the denominator of which is the gross	49233
income from all such assets and activities.	49234

(ii) The amount of interest from federal funds sold and	49235
purchased and from securities purchased under resale agreements	49236
and securities sold under repurchase agreements attributable to	49237
this state and included in the numerator is determined by	49238
multiplying the amount described in division (F)(13)(a)(i) of this	49239
section from such funds and such securities by a fraction, the	49240
numerator of which is the gross income from such funds and such	49241
securities which are properly assigned to a regular place of	49242
business of the taxpayer within this state and the denominator of	49243
which is the gross income from all such funds and such securities.	49244

(iii) The amount of interest, dividends, gains, and other	49245
income from trading assets and activities, including, but not	49246
limited to, assets and activities in the matched book, in the	49247
arbitrage book, and foreign currency transactions, but excluding	49248
amounts described in division (F)(13)(a)(i) or (ii) of this	49249
section, attributable to this state and included in the numerator,	49250
is determined by multiplying the amount described in division	49251
(F)(13)(a)(ii) of this section by a fraction, the numerator of	49252
which is the gross income from such trading assets and activities	49253
which are properly assigned to a regular place of business of the	49254
taxpayer within this state and the denominator of which is the	49255
gross income from all such assets and activities.	49256

(iv) The amount of dividends received on the capital stock	49257
of, and the amount of interest received from loans and advances	49258
to, subsidiary corporations at least fifty-one per cent of whose	49259
common stock is owned by the reporting financial institution shall	49260
be allocated in and out of this state by the application of a	49261
ratio whose numerator is the sum of the net book value of the	49262
payor's real property owned in this state and the payor's tangible	49263
personal property owned in this state and whose denominator is the	49264
sum of the payor's real property owned wherever located and the	49265
payor's tangible personal property owned wherever located. For	49266
purposes of calculating this ratio, the taxpayer shall determine	49267
net book value in accordance with generally accepted accounting	49268
principles.	49269

(d) If the taxpayer elects or is required by the tax	49270
commissioner to use the method set forth in division (F)(13)(c) of	49271
this section, it shall use this method on all subsequent returns	49272
unless the taxpayer receives prior permission from the tax	49273
commissioner to use or the tax commissioner requires a different	49274
method.	49275

(e) The taxpayer shall have the burden of proving that an	49276
investment asset or activity or trading asset or activity was	49277
properly assigned to a regular place of business outside of this	49278
state by demonstrating that the day-to-day decisions regarding the	49279
asset or activity occurred at a regular place of business outside	49280
this state. Where the day-to-day decisions regarding an	49281
investment asset or activity or trading asset or activity occur at	49282
more than one regular place of business and one such regular place	49283
of business is in this state and one such regular place of	49284
business is outside this state such asset or activity shall be	49285
considered to be located at the regular place of business of the	49286
taxpayer where the investment or trading policies or guidelines	49287
with respect to the asset or activity are established. Unless the	49288
taxpayer demonstrates to the contrary, such policies and	49289
guidelines shall be presumed to be established at the commercial	49290
domicile of the taxpayer.	49291

(14) The numerator of the sales factor includes all other	49292
receipts if either:	49293

(a) The income-producing activity is performed solely in	49294
this state; or	49295

(b) The income-producing activity is performed both within	49296
and without this state and a greater proportion of the	49297
income-producing activity is performed within this state than in	49298
any other state, based on costs of performance.	49299

(G) A qualified institution may calculate the base upon	49300
which the fee provided for in division (D) of section 5733.06 (D)	49301
of the revised codeRevised Code is determined for each of the tax	49302
years 1998, 1999, 2000, and 2001, 2002, and 2003 by multiplying	49303
the value of its issued and outstanding shares of stock determined	49304
under division (B) of this section by a single deposits fraction	49305
whose numerator is the deposits assigned to branches in this state	49306
and whose denominator is the deposits assigned to branches	49307
everywhere. Deposits shall be assigned to branches in the same	49308
manner in which the assignment is made for regulatory purposes. If	49309
the base calculated under this division is less than the base	49310
calculated under division (C) of this section, then the qualifying	49311
institution may elect to substitute the base calculated under this	49312
division for the base calculated under division (C) of this	49313
section. Such election may be made annually for each of the tax	49314
years 1998, 1999, 2000, and 2001, 2002, and 2003 on the corporate	49315
report. The election need not accompany the report; rather, the	49316
election may accompany a subsequently filed but timely application	49317
for refund, a subsequently filed but timely amended report, or a	49318
subsequently filed but timely petition for reassessment. The	49319
election is not irrevocable and it applies only to the specified	49320
tax year. Nothing in this division shall be construed to extend	49321
any statute of limitations set forth in this chapter	49322

(H) If the apportionment provisions of this section do not	49323
fairly represent the extent of the taxpayer's business activity in	49324
this state, the taxpayer may petition for or the tax commissioner	49325
may require, in respect to all or any part of the taxpayer's	49326
business activity, if reasonable:	49327

(1) Separate accounting;

49328

(2) The exclusion of any one or more of the factors;

49329

(3) The inclusion of one or more additional factors which	49330
will fairly represent the taxpayer's business activity in this	49331
state; or	49332

(4) The employment of any other method to effectuate an	49333
equitable allocation and apportionment of the taxpayer's value.	49334

Sec. 5733.06.  The tax hereby charged each corporation	49335
subject to this chapter shall be the greater of the sum of	49336
divisions (A) and (B) of this section, after the reduction, if	49337
any, provided by division (J) of this section, or division (C) of	49338
this section, after the reduction, if any, provided by division	49339
(J) of this section, except that the tax hereby charged each	49340
financial institution subject to this chapter shall be the amount	49341
computed under division (D) of this section:	49342

(A) Except as set forth in division (F) of this section,	49343
five and one-tenth per cent upon the first fifty thousand dollars	49344
of the value of the taxpayer's issued and outstanding shares of	49345
stock as determined under division (B) of section 5733.05 of the	49346
Revised Code;	49347

(B) Except as set forth in division (F) of this section,	49348
eight and one-half per cent upon the value so determined in excess	49349
of fifty thousand dollars; or	49350

(C) Except as otherwise provided under division (G) of this	49351
section, four mills times that portion of the value of the issued	49352
and outstanding shares of stock as determined under division (C)	49353
of section 5733.05 of the Revised Code. For the purposes of	49354
division (C) of this section, division (C)(2) of section 5733.065,	49355
and division (C) of section 5733.066 of the Revised Code, the	49356
value of the issued and outstanding shares of stock of a qualified	49357
holding company is zero.	49358

(D) The tax charged each financial institution subject to	49359
this chapter shall be that portion of the value of the issued and	49360
outstanding shares of stock as determined under division (A) of	49361
section 5733.05 of the Revised Code, multiplied by the following	49362
amounts:	49363

(1) For tax years prior to the 1999 tax year, fifteen mills;

49364

(2) For the 1999 tax year, fourteen mills;

49365

(3) For tax year 2000 and thereafter, thirteen mills.

49366

(E) No tax shall be charged from any corporation that has	49367
been adjudicated bankrupt, or for which a receiver has been	49368
appointed, or that has made a general assignment for the benefit	49369
of creditors, except for the portion of the then current tax year	49370
during which the tax commissioner finds such corporation had the	49371
power to exercise its corporate franchise unimpaired by such	49372
proceedings or act. The minimum payment for all corporations	49373
shall be fifty dollars.	49374

The tax charged to corporations under this chapter for the	49375
privilege of engaging in business in this state, which is an	49376
excise tax levied on the value of the issued and outstanding	49377
shares of stock, shall in no manner be construed as prohibiting or	49378
otherwise limiting the powers of municipal corporations, joint	49379
economic development zones created under section 715.691 of the	49380
Revised Code, and joint economic development districts created	49381
under section 715.70 or 715.71 or sections 715.72 to 715.81 of the	49382
Revised Code in this state to impose an income tax on the income	49383
of such corporations.	49384

(F) If two or more taxpayers satisfy the ownership or	49385
control requirements of division (A) of section 5733.052 of the	49386
Revised Code, each such taxpayer shall substitute "the taxpayer's	49387
pro-rata amount" for "fifty thousand dollars" in divisions (A) and	49388
(B) of this section. For purposes of this division, "the	49389
taxpayer's pro-rata amount" is an amount that, when added to the	49390
other such taxpayers' pro-rata amounts, does not exceed fifty	49391
thousand dollars. For the purpose of making that computation, the	49392
taxpayer's pro-rata amount shall not be less than zero. Nothing	49393
in this division derogates from or eliminates the requirement to	49394
make the alternative computation of tax under division (C) of this	49395
section.	49396

(G) The tax liability of any corporation under division (C)	49397
of this section shall not exceed one hundred fifty thousand	49398
dollars.	49399

(H)(1) For the purposes of division (H) of this section,	49400
"exiting corporation" means a corporation that satisfies all of	49401
the following conditions:	49402

(a) The corporation had nexus with or in this state under	49403
the Constitution of the United States during any portion of a	49404
calendar year;	49405

(b) The corporation was not a corporation described in	49406
division (A) of section 5733.01 of the Revised Code on the first	49407
day of January immediately following that calendar year;	49408

(c) The corporation was not a financial institution on the	49409
first day of January immediately following that calendar year;	49410

(d) If the corporation was a transferor as defined in	49411
section 5733.053 of the Revised Code, the corporation's transferee	49412
was not required to add to the transferee's net income the income	49413
of the transferor pursuant to division (B) of that section;	49414

(e) During any portion of that calendar year, or any portion	49415
of the immediately preceding calendar year, the corporation had	49416
net income that was not included in a report filed by the	49417
corporation or its transferee pursuant to section 5733.02,	49418
5733.021, 5733.03, 5733.031, or 5733.053 of the Revised Code;	49419

(f) The corporation would have been subject to the tax	49420
computed under divisions (A), (B), (C), (F), and (G) of this	49421
section if the corporation is assumed to be a corporation	49422
described in division (A) of section 5733.01 of the Revised Code	49423
on the first day of January immediately following the calendar	49424
year to which division (H)(1)(a) of this section refers.	49425

(2) For the purposes of division (H) of this section,	49426
"unreported net income" means net income that was not previously	49427
included in a report filed pursuant to section 5733.02, 5733.021,	49428
5733.03, 5733.031, or 5733.053 of the Revised Code and that was	49429
realized or recognized during the calendar year to which	49430
division (H)(1) of this section refers or the immediately	49431
preceding calendar year.	49432

(3) Each exiting corporation shall pay a tax computed by	49433
first allocating and apportioning the unreported net income	49434
pursuant to division (B) of section 5733.05 and section 5733.051	49435
and, if applicable, section 5733.052 of the Revised Code. The	49436
exiting corporation then shall compute the tax due on its	49437
unreported net income allocated and apportioned to this state by	49438
applying divisions (A), (B), and (F) of this section to that	49439
income.	49440

(4) Divisions (C) and (G) of this section, division (D)(2)	49441
of section 5733.065, and division (C) of section 5733.066 of the	49442
Revised Code do not apply to an exiting corporation, but exiting	49443
corporations are subject to every other provision of this chapter.	49444

(5) Notwithstanding division (B) of section 5733.01 or	49445
sections 5733.02, 5733.021, and 5733.03 of the Revised Code to the	49446
contrary, each exiting corporation shall report and pay the tax	49447
due under division (H) of this section on or before the	49448
thirty-first day of May immediately following the calendar year to	49449
which division (H)(1)(a) of this section refers. The exiting	49450
corporation shall file that report on the form most recently	49451
prescribed by the tax commissioner for the purposes of complying	49452
with sections 5733.02 and 5733.03 of the Revised Code. Upon	49453
request by the corporation, the tax commissioner may extend the	49454
date for filing the report.	49455

(6) If, on account of the application of section 5733.053 of	49456
the Revised Code, net income is subject to the tax imposed by	49457
divisions (A) and (B) of this section, such income shall not be	49458
subject to the tax imposed by division (H)(3) of this section.	49459

(7) The amendments made to division (H) of this section by	49460
Am. Sub. S.B. 287 of the 123rd general assembly do not apply to	49461
any transfer, as defined in section 5733.053 of the Revised Code,	49462
for which negotiations began prior to January 1, 2001, and that	49463
was commenced in and completed during calendar year 2001, unless	49464
the taxpayer makes an election prior to December 31, 2001, to	49465
apply those amendments.	49466

(8) The tax commissioner may adopt rules governing division	49467
(H) of this section.	49468

(I) Any reference in the Revised Code to "the tax imposed by	49469
section 5733.06 of the Revised Code" or "the tax due under section	49470
5733.06 of the Revised Code" includes the taxes imposed under	49471
sections 5733.065 and 5733.066 of the Revised Code.	49472

(J)(1) Division (J) of this section applies solely to a	49473
combined company. Section 5733.057 of the Revised Code shall	49474
apply when calculating the adjustments required by division (J) of	49475
this section.	49476

(2) Subject to division (J)(4) of this section, the total	49477
tax calculated in divisions (A) and (B) of this section shall be	49478
reduced by an amount calculated by multiplying such tax by a	49479
fraction, the numerator of which is the total taxable gross	49480
receipts attributed to providing public utility activity other	49481
than as an electric company under section 5727.03 of the Revised	49482
Code for the year upon which the taxable gross receipts are	49483
measured immediately preceding the tax year, and the denominator	49484
of which is the total gross receipts from all sources for the year	49485
upon which the taxable gross receipts are measured immediately	49486
preceding the tax year. Nothing herein shall be construed to	49487
exclude from the denominator any item of income described in	49488
section 5733.051 of the Revised Code.	49489

(3) Subject to division (J)(4) of this section, the total	49490
tax calculated in division (C) of this section shall be reduced by	49491
an amount calculated by multiplying such tax by the fraction	49492
described in division (J)(2) of this section.	49493

(4) In no event shall the reduction provided by division	49494
(J)(2) or (J)(3) of this section exceed the amount of the excise	49495
tax paid in accordance with section 5727.38 of the Revised Code,	49496
for the year upon which the taxable gross receipts are measured	49497
immediately preceding the tax year.	49498

Sec. 5733.12.  (A) Four and two-tenths per cent of all	49499
payments received by the treasurer of state from the taxes imposed	49500
under sections 5733.06 and 5733.41 of the Revised Code shall be	49501
credited to the local government fund for distribution in	49502
accordance with section 5747.50 of the Revised Code, six-tenths of	49503
one per cent shall be credited to the local government revenue	49504
assistance fund for distribution in accordance with section	49505
5747.61 of the Revised Code, and ninety-five and two-tenths per	49506
cent shall be credited to the general revenue fund.	49507

(B) Except as otherwise provided under divisions (C) and (D)	49508
of this section, an application to refund to the corporation the	49509
amount of taxes imposed under section 5733.06 of the Revised Code	49510
that are overpaid, paid illegally or erroneously, or paid on any	49511
illegal, erroneous, or excessive assessment, with interest thereon	49512
as provided by section 5733.26 of the Revised Code, shall be filed	49513
with the tax commissioner, on the form prescribed by the	49514
commissioner, within three years from the date of the illegal,	49515
erroneous, or excessive payment of the tax, or within any	49516
additional period allowed by division (C)(2) of section 5733.031,	49517
division (D)(2) of section 5733.067, or division (A) of section	49518
5733.11 of the Revised Code.	49519

On the filing of the refund application, the commissioner	49520
shall determine the amount of refund due and certify such amount	49521
to the director of budget and management and treasurer of state	49522
for payment from the tax refund fund created by section 5703.052	49523
of the Revised Code.	49524

(C) "Ninety days" shall be substituted for "three years" in	49525
division (B) of this section if the taxpayer satisfies both of the	49526
following:	49527

(1) The taxpayer has applied for a refund based in whole or	49528
in part upon section 5733.0611 of the Revised Code;	49529

(2) The taxpayer asserts that the imposition or collection	49530
of the tax imposed or charged by section 5733.06 of the Revised	49531
Code or any portion of such tax violates the Constitution of the	49532
United States or the Constitution of this state.	49533

(D)(1) Division (D)(2) of this section applies only if all	49534
of the following conditions are satisfied:	49535

(a) A qualifying pass-through entity pays an amount of the	49536
tax imposed by section 5733.41 of the Revised Code;	49537

(b) The taxpayer is a qualifying investor as to that	49538
qualifying pass-through entity;	49539

(c) The taxpayer did not claim the credit provided for in	49540
section 5733.0611 of the Revised Code as to the tax described in	49541
division (D)(1)(a) of this section;	49542

(d) The three-year period described in division (B) of this	49543
section has ended as to the taxable year for which the taxpayer	49544
otherwise would have claimed that credit.	49545

(2) A taxpayer shall file an application for refund pursuant	49546
to this division within one year after the date the payment	49547
described in division (D)(1)(a) of this section is made. An	49548
application filed under this division shall only claim refund of	49549
overpayments resulting from the taxpayer's failure to claim the	49550
credit described in division (D)(1)(c) of this section. Nothing	49551
in this division shall be construed to relieve a taxpayer from	49552
complying with the provisions of division (I)(14) of section	49553
5733.04 of the Revised Code.	49554

Sec. 5733.122. Between the first and fifteenth days of July	49555
each year, the tax commissioner shall certify to the director of	49556
budget and management the total reported liability of the taxes or	49557
surcharges levied in the second preceding year under sections	49558
5733.065 and 5733.066 of the Revised Code. Notwithstanding section	49559
5733.12 of the Revised Code, during the period July 1, 1980, to	49560
December 31, 1981, four million dollars received by the treasurer	49561
of state under this chapterthe total amount certified in each	49562
year less an amount to be retained by the department of taxation	49563
for expenses resulting from the administration of the taxes or	49564
surcharges levied under sections 5733.065 and 5733.066 of the	49565
Revised Code shall be credited to the recycling and litter	49566
prevention fund created by section 1502.02 of the Revised Code.	49567
Thereafter, during each of the consecutive six-month periods	49568
beginning January 1, 1982, five million dollarsfrom amounts	49569
received by the treasurer of state under this chapter shall be	49570
credited to that fund. No amount shall be credited to the local	49571
government fund from any receipts credited to the recycling and	49572
litter prevention fund under this section.	49573

The office of budget and mangement shall provide the	49574
treasurer of state with a monthly schedule in accordance with	49575
which the amounts shall be credited.	49576

Sec. 5733.18.  Annually, on the day fixed for the payment of	49577
any excise or franchise tax required to be paid by law, such tax,	49578
together with any penalties subsequently accruing thereon, shall	49579
become a lien on all property in this state of a corporation,	49580
whether such property is employed by the corporation in the	49581
prosecution of its business or is in the hands of an assignee,	49582
trustee, or receiver for the benefit of the creditors and	49583
stockholders. Such lien shall continue until such taxes, together	49584
with any penalties subsequently accruing, are paid.	49585

Upon failure of such corporation to pay such tax on the day	49586
fixed for payment, the treasurer of state shall thereupon notify	49587
the tax commissioner and the commissioner may file, for which	49588
filing no fee shall be charged, in the office of the county	49589
recorder in each county in this state in which such corporation	49590
owns or has a beneficial interest in real estate, notice of such	49591
lien containing a brief description of such real estate. Such	49592
lien shall not be valid as against any mortgagee, purchaser, or	49593
judgment creditor whose rights have attached prior to the time	49594
such notice is so filed in the county in which the real estate	49595
which is the subject of such mortgage, purchase, or judgment lien	49596
is located. Such notice shall be recorded in a book kept by the	49597
recorder, called the corporation franchise lien record, and	49598
indexed under the name of the corporation charged with such tax.	49599
When such tax, together with any penalties subsequently accruing	49600
thereon, has been paid, the tax commissioner shall furnish to the	49601
corporation an acknowledgment of such payment which the	49602
corporation may record with the recorder of each county in which	49603
notice of such lien has been filed, for which recording the	49604
recorder shall charge and receive a fee of two dollars.	49605

Sec. 5733.351.  (A) As used in this section, "qualified	49606
research expenses" has the same meaning as in section 41 of the	49607
Internal Revenue Code.	49608

(B)(1) A nonrefundable credit is allowed against the tax	49609
imposed by section 5733.06 of the Revised Code for tax year 2002	49610
for a taxpayer whose taxable year for tax year 2002 ended before	49611
July 1, 2001. The credit shall equal seven per cent of the excess	49612
of qualified research expenses incurred in this state by the	49613
taxpayer between January 1, 2001, and the end of the taxable year,	49614
over the taxpayer's average annual qualified research expenses	49615
incurred in this state for the three preceding taxable years.	49616

(2) A nonrefundable credit also is allowed against the tax	49617
imposed by section 5733.06 of the Revised Code for each tax year,	49618
commencing with tax year 2004. The credit shall equal seven per	49619
cent of the excess of qualified research expenses incurred in this	49620
state by the taxpayer for the taxable year over the taxpayer's	49621
average annual qualified research expenses incurred in this state	49622
for the three preceding taxable years. The	49623

(3) The taxpayer shall claim the credit allowed under	49624
division (B)(1) or (2) of this section in the order required under	49625
by section 5733.98 of the Revised Code. Any credit amount in	49626
excess of the tax due under section 5733.06 of the Revised Code,	49627
after allowing for any other credits that precede the credit under	49628
this section in the order required under section 5733.98 of the	49629
Revised Code, may be carried forward for seven taxable years, but	49630
the amount of the excess credit allowed in any such year shall be	49631
deducted from the balance carried forward to the next year.	49632

(C) In the case of a qualifying controlled group, the credit	49633
allowed under division (B)(1) or (2) of this section to taxpayers	49634
in the qualifying controlled group shall be computed as if all	49635
corporations in the qualifying controlled group were a	49636
consolidated, single taxpayer. The credit shall be allocated to	49637
such taxpayers in any amount elected for the taxable year by the	49638
qualifying controlled group. The election shall be revocable and	49639
amendable during the period prescribed by division (B) of section	49640
5733.12 of the Revised Code.	49641

Sec. 5733.401.  (A) As used in this section:

49642

(1) "Investment pass-through entity" means a pass-through	49643
entity having for its qualifying taxable year at least ninety per	49644
cent of its gross income from transaction fees in connection with	49645
the acquisition, ownership, or disposition of intangible property,	49646
loan fees, financing fees, consent fees, waiver fees, application	49647
fees, net management fees, dividend income, interest income, net	49648
capital gains from the sale or exchange of intangible property, or	49649
distributive shares of income from pass-through entities; and	49650
having for its qualifying taxable year at least ninety per cent of	49651
the net book value of its assets represented by intangible assets.	49652
Such percentages shall be the quarterly average of those	49653
percentages as calculated during the pass-through entity's taxable	49654
year.	49655

(2) "Net management fees" means management fees that a	49656
pass-through entity earns or receives from all sources, reduced by	49657
management fees that the pass-through entity incurs or pays to any	49658
person.	49659

(B) For the purposes of divisions (A) and (C) of this	49660
section only, an investment in a pass-through entity shall be	49661
deemed to be an investment in an intangible asset.	49662

(C) Except as otherwise provided in division (D) of this	49663
section, for the purposes of division (A) of section 5733.40 of	49664
the Revised Code, an investment pass-through entity shall exclude	49665
from the calculation of the adjusted qualifying amount all	49666
transaction fees in connection with the acquisition, ownership, or	49667
disposition of intangible property,; loan fees,; financing fees,;	49668
consent fees,; waiver fees,; application fees,; net management	49669
fees, but if such fees exceed five per cent of the entity's net	49670
income calculated in accordance with generally accepted accounting	49671
principles, all net management fees shall be included in the	49672
calculation of the adjusted qualifying amount; dividend income,;	49673
interest income,; net capital gains from the sale or exchange of	49674
intangible property,; and all types and classifications of income	49675
attributable to distributive shares of income from other	49676
pass-through entities. Nothing in this division shall be	49677
construed to provide for an exclusion of any item from adjusted	49678
qualifying amount more than once.	49679

(D) Sections 5733.057 and 5747.231 of the Revised Code do	49680
not apply for the purposes of making the determinations required	49681
by division (A) of this section or claiming the exclusion provided	49682
by division (C) of this section.	49683

Sec. 5733.42.  (A) As used in this section:

49684

(1) "Eligible training program" means a program to provide	49685
job skills to eligible employees who are unable effectively to	49686
function on the job due to skill deficiencies or who would	49687
otherwise be displaced because of their skill deficiencies or	49688
inability to use new technology, or to provide job skills to	49689
eligible employees that enable them to perform other job duties	49690
for the taxpayer. Eligible training programs do not include	49691
executive, management, or personal enrichment training programs,	49692
or training programs intended exclusively for personal career	49693
development.	49694

(2) "Eligible employee" means an individual who is employed	49695
in this state by a taxpayer and has been so employed by the same	49696
taxpayer for at least one hundred eighty consecutive days before	49697
the day an application for the credit is filed under this section.	49698
"Eligible employee" does not include any employee for which a	49699
credit is claimed pursuant to division (A)(5) of section 5709.65	49700
of the Revised Code for all or any part of the same year, an	49701
employee who is not a full-time employee, or executive or	49702
managerial personnel except for the immediate supervisors of	49703
nonexecutive, nonmanagerial personnel.	49704

(3) "Eligible training costs" means:

49705

(a) Direct instructional costs, such as instructor salaries,	49706
materials and supplies, textbooks and manuals, videotapes, and	49707
other instructional media and training equipment used exclusively	49708
for the purpose of training eligible employees;	49709

(b) Wages paid to eligible employees for time devoted	49710
exclusively to an eligible training program during normal paid	49711
working hours.	49712

(4) "Full-time employee" means an individual who is employed	49713
for consideration for at least thirty-five hours per week, or who	49714
renders any other standard of service generally accepted by custom	49715
or specified by contract as full-time employment.	49716

(5) "Partnership" includes a limited liability company formed	49717
under Chapter 1705. of the Revised Code or under the laws of	49718
another state, provided that the company is not classified for	49719
federal income tax purposes as an association taxable as a	49720
corporation.	49721

(B) There is hereby allowed a nonrefundable credit against	49722
the tax imposed by section 5733.06 of the Revised Code for	49723
taxpayers for which a tax credit certificate is issued under	49724
division (C) of this section. The credit may not be claimed for	49725
any tax year after tax yearyears 2004, except for amounts carried	49726
forward to subsequent tax years to the extent allowed under	49727
division (J) of this section2005, and 2006. The amount of the	49728
credit for each tax year 2004 shall equal one-half of the average	49729
of the eligible training costs paid or incurred by the taxpayer	49730
during the three calendar years immediately preceding the tax	49731
year for which the credit is claimed1999, 2000, and 2001, not to	49732
exceed one thousand dollars for each eligible employee on	49733
account of whom eligible training costs were paid or incurred by	49734
the taxpayer during those calendar years. The amount of the	49735
credit for tax year 2005 shall equal one-half of the average of	49736
the eligible training costs paid or incurred by the taxpayer	49737
during calendar years 2002, 2003, and 2004, not to exceed one	49738
thousand dollars for each eligible employee on account of whom	49739
eligible training costs were paid or incurred by the taxpayer	49740
during those calendar years. The amount of the credit for tax	49741
year 2006 shall equal one-half of the average of the eligible	49742
training costs paid or incurred by the taxpayer during calendar	49743
years 2003, 2004, and 2005, not to exceed one thousand dollars for	49744
each eligible employee on account of whom eligible training costs	49745
were paid or incurred by the taxpayer during those calendar years.	49746
The credit claimed by a taxpayer each tax year shall not exceed	49747
one hundred thousand dollars.	49748

(C) A taxpayer who proposes to conduct an eligible training	49749
program may apply to the director of job and family services for a	49750
tax credit certificate under this section. The taxpayer may apply	49751
for such a certificate for each tax year with respect to a	49752
calendar year in which the taxpayer paid or incurred eligible	49753
training coststax years 2004, 2005, and 2006, subject to division	49754
(L) of this section. The director shall prescribe the form of the	49755
application, which shall require a detailed description of the	49756
proposed training program. The director may require applicants to	49757
remit an application fee with each application filed with the	49758
director. The fee shall not exceed the reasonable and necessary	49759
expenses incurred by the director in receiving, reviewing, and	49760
approving such applications and issuing tax credit certificates.	49761
Proceeds from fees shall be used solely for the purpose of	49762
receiving, reviewing, and approving such applications and issuing	49763
such certificates.	49764

After receipt of an application, the director shall authorize	49765
a credit under this section by issuing a tax credit certificate,	49766
in the form prescribed by the director, if the director determines	49767
all of the following:	49768

(1) The proposed training program is an eligible training	49769
program under this section;	49770

(2) The proposed training program is economically sound and	49771
will benefit the people of this state by improving workforce	49772
skills and strengthening the economy of this state;	49773

(3) Receiving the tax credit is a major factor in the	49774
taxpayer's decision to go forward with the training program;	49775

(4) Authorization of the credit is consistent with division	49776
(H) of this section.	49777

The credit also is allowed for a taxpayer that is a partner	49778
in a partnership that pays or incurs eligible training costs. Such	49779
a taxpayer shall determine the taxpayer's credit amount in the	49780
manner prescribed by division (K) of this section.	49781

(D) If the director of job and family services denies an	49782
application for a tax credit certificate, the director shall send	49783
notice of the denial and the reason for denial to the applicant by	49784
certified mail, return receipt requested. If the director	49785
determines that an authorized training program, as actually	49786
conducted, fails to meet the requirements of this section or to	49787
comply with any condition set forth in the authorization, the	49788
director may reduce the amount of the tax credit previously	49789
granted. If the director reduces a tax credit, the director shall	49790
send notice of the reduction and the reason for the reduction to	49791
the taxpayer by certified mail, return receipt requested, and	49792
shall certify the reduction to the tax commissioner or, in the	49793
case of the reduction of a credit claimed by an insurance company,	49794
the superintendent of insurance. The tax commissioner or	49795
superintendent of insurance shall reduce the credit that may be	49796
claimed by the taxpayer accordingly. Within sixty days after	49797
receiving a notice of denial or notice of reduction of the tax	49798
credit, an applicant or taxpayer may request, in writing, a	49799
hearing before the director to review the denial or reduction.	49800
Within sixty days after receiving a request that is filed within	49801
the prescribed time, the director shall hold such a hearing at a	49802
location to be determined by the director. Within thirty days	49803
after the hearing is adjourned, the director shall issue a	49804
redetermination affirming, reversing, or modifying the denial or	49805
reduction of the tax credit and send notice of the redetermination	49806
to the applicant or taxpayer by certified mail, return receipt	49807
requested, and shall issue a notice of the redetermination to the	49808
tax commissioner or superintendent of insurance. If an applicant	49809
or taxpayer is aggrieved by the director's redetermination, the	49810
applicant or taxpayer may appeal the redetermination to the board	49811
of tax appeals in the manner prescribed by section 5717.02 of the	49812
Revised Code.	49813

(E) A taxpayer to which a tax credit certificate is issued	49814
shall retain records indicating the eligible training costs it	49815
pays or incurs for the eligible training program for which the	49816
certificate is issued for four years following the end of the tax	49817
year for which the credit is claimed. Such records shall be open	49818
to inspection by the director of job and family services upon the	49819
director's request during business hours.	49820

Financial statements and other information submitted by an	49821
applicant to the director of job and family services for a tax	49822
credit under this section, and any information taken for any	49823
purpose from such statements or information, are not public	49824
records subject to section 149.43 of the Revised Code. However,	49825
the director of job and family services, the tax commissioner, or	49826
superintendent of insurance may make use of the statements and	49827
other information for purposes of issuing public reports or in	49828
connection with court proceedings concerning tax credits allowed	49829
under this section and sections 5725.31, 5729.07, and 5747.39 of	49830
the Revised Code.	49831

(F) The director of job and family services, in accordance	49832
with Chapter 119. of the Revised Code, shall adopt rules necessary	49833
to implement this section and sections 5725.31, 5729.07, and	49834
5747.39 of the Revised Code. The rules shall be adopted after	49835
consultation with the tax commissioner and the superintendent of	49836
insurance. At the time the director gives public notice under	49837
division (A) of section 119.03 of the Revised Code of the adoption	49838
of the rules, the director shall submit copies of the proposed	49839
rules to the chairpersons and ranking minority members of the	49840
standing committees in the senate and the house of representatives	49841
to which legislation on economic development matters are	49842
customarily referred.	49843

(G) On or before the thirtieth day of September of 2001,	49844
2002, 2003, and 2004, 2005, and 2006, the director of job and	49845
family services shall submit a report to the governor, the	49846
president of the senate, and the speaker of the house of	49847
representatives on the tax credit program under this section and	49848
sections 5725.31, 5729.07, and 5747.39 of the Revised Code. The	49849
report shall include information on the number of training	49850
programs that were authorized under those sections during the	49851
preceding calendar year, a description of each authorized training	49852
program, the dollar amounts of the credits granted, and an	49853
estimate of the impact of the credits on the economy of this	49854
state.	49855

(H) The aggregate amount of credits authorized under this	49856
section and sections 5725.31, 5729.07, and 5747.39 of the Revised	49857
Code shall not exceed twenty million dollars per calendar year. No	49858
more than ten million dollars in credits per calendar year shall	49859
be authorized for persons engaged primarily in manufacturing. No	49860
less than five million dollars in credits per calendar year shall	49861
be set aside for persons engaged primarily in activities other	49862
than manufacturing and having fewer than five hundred employees.	49863
Subject to such limits, credits shall be authorized for applicants	49864
meeting the requirements of this section in the order in which	49865
they submit complete and accurate applications.	49866

(I) A nonrefundable credit allowed under this section shall	49867
be claimed in the order required under section 5733.98 of the	49868
Revised Code.	49869

(J) The taxpayer may carry forward any credit amount in	49870
excess of its tax due after allowing for any other credits that	49871
precede the credit under this section in the order required under	49872
section 5733.98 of the Revised Code. The excess credit may be	49873
carried forward for three years following the tax year for which	49874
it is first claimed under this section.	49875

(K) A taxpayer that is a partner in a partnership on the	49876
last day of the third calendar year of the three-year period	49877
during which the partnership pays or incurs eligible training	49878
costs may claim a credit under this section for the tax year	49879
immediately following that calendar year. The amount of a	49880
partner's credit equals the partner's interest in the partnership	49881
on the last day of such calendar year multiplied by the credit	49882
available to the partnership as computed by the partnership.	49883

(L) The director of job and family services shall not	49884
authorize any credits under this section and sections 5725.31,	49885
5729.07, and 5747.39 of the Revised Code for eligible training	49886
costs paid or incurred after December 31, 20032005.	49887

Sec. 5735.06.  (A) On or before the last day of each month,	49888
each motor fuel dealer shall file with the treasurer of statetax	49889
commissioner a report for the preceding calendar month, on forms	49890
prescribed by or in a form acceptable to the tax commissioner. The	49891
report shall include the following information:	49892

(1) An itemized statement of the number of gallons of all	49893
motor fuel received during the preceding calendar month by such	49894
motor fuel dealer, which has been produced, refined, prepared,	49895
distilled, manufactured, blended, or compounded by such motor fuel	49896
dealer in the state;	49897

(2) An itemized statement of the number of gallons of all	49898
motor fuel received by such motor fuel dealer in the state from	49899
any source during the preceding calendar month, other than motor	49900
fuel included in division (A)(1) of this section, together with a	49901
statement showing the date of receipt of such motor fuel; the name	49902
of the person from whom purchased or received; the date of receipt	49903
of each shipment of motor fuel; the point of origin and the point	49904
of destination of each shipment; the quantity of each of said	49905
purchases or shipments; the name of the carrier; the number of	49906
gallons contained in each car if shipped by rail; the point of	49907
origin, destination, and shipper if shipped by pipe line; or the	49908
name and owner of the boat, barge, or vessel if shipped by water;	49909

(3) An itemized statement of the number of gallons of motor	49910
fuel which such motor fuel dealer has during the preceding	49911
calendar month:	49912

(a) For motor fuel other than gasoline sold for use other	49913
than for operating motor vehicles on the public highways or on	49914
waters within the boundaries of this state;	49915

(b) Exported from this state to any other state or foreign	49916
country as provided in division (A)(3) of section 5735.05 of the	49917
Revised Code;	49918

(c) Sold to the United States government or any of its	49919
agencies;	49920

(d) Sold for delivery to motor fuel dealers;

49921

(e) Sold exclusively for use in the operation of aircraft;

49922

(4) Such other information incidental to the enforcement of	49923
the motor fuel laws of the state as the commissioner requires.	49924

(B) The report shall show the tax due, computed as follows:

49925

(1) The following deductions shall be made from the total	49926
number of gallons of motor fuel received by the motor fuel dealer	49927
within the state during the preceding calendar month:	49928

(a) The total number of gallons of motor fuel received by	49929
the motor fuel dealer within the state and sold or otherwise	49930
disposed of during the preceding calendar month as set forth in	49931
section 5735.05 of the Revised Code;	49932

(b) The total number of gallons received during the	49933
preceding calendar month and sold or otherwise disposed of to	49934
another licensed motor fuel dealer pursuant to section 5735.05 of	49935
the Revised Code;	49936

(c) To cover the costs of the motor fuel dealer in compiling	49937
the report, and evaporation, shrinkage, or other unaccounted-for	49938
losses:	49939

(i) If the report is timely filed and the tax is timely	49940
paid, three per cent of the total number of gallons of motor fuel	49941
received by the motor fuel dealer within the state during the	49942
preceding calendar month less the total number of gallons deducted	49943
under divisions (B)(1)(a) and (b) of this section, less one per	49944
cent of the total number of gallons of motor fuel that were sold	49945
to a retail dealer during the preceding calendar month;	49946

(ii) If the report required by division (A) of this section	49947
is not timely filed and the tax is not timely paid, no deduction	49948
shall be allowed;	49949

(iii) If the report is incomplete, no deduction shall be	49950
allowed for any fuel on which the tax is not timely reported and	49951
paid;	49952

(2) The number of gallons remaining after the deductions	49953
have been made shall be multiplied separately by each of the	49954
following amounts:	49955

(a) The cents per gallon rate;

49956

(b) Two cents.

49957

The sum of the products obtained in divisions (B)(2)(a) and	49958
(b) of this section shall be the amount of motor fuel tax for the	49959
preceding calendar month.	49960

(C) The report shall be filed together with payment of the	49961
tax shown on the report to be due, unless the motor fuel dealer is	49962
required by section 5735.062 of the Revised Code to pay the tax by	49963
electronic funds transfer, in which case the dealer shall file the	49964
report pursuant to this section and pay the tax pursuant to	49965
section 5735.062 of the Revised Code. The commissioner may extend	49966
the time for filing reports and may remit all or part of penalties	49967
which may become due under sections 5735.01 to 5735.99 of the	49968
Revised Code. The treasurer of state shall stamp or otherwise mark	49969
on all returns the date received by the treasurer and shall also	49970
show thereon by stamp or otherwise the amount of payment received	49971
for the month for which the report is filed. Thereafter, the	49972
treasurer of state shall immediately transmit all reports filed	49973
under this section to the commissioner. For purposes of this	49974
section and sections 5735.062 and 5735.12 of the Revised Code, a	49975
report required to be filed under this section is considered filed	49976
when it is received by the treasurer of statetax commissioner,	49977
and remittance of the tax due is considered to be made when the	49978
remittance is received by the treasurer of statetax commissioner	49979
or when credited to an account designated by the treasurer of	49980
state and the tax commissioner for the receipt of tax remittances.	49981
The tax commissioner shall immediately forward to the treasurer of	49982
state all amounts received under this section.	49983

(D) The tax commissioner may require a motor fuel dealer to	49984
file a report for a period other than one month. Such a report,	49985
together with payment of the tax, shall be filed not later than	49986
thirty days after the last day of the prescribed reporting period.	49987

(E) No person required by this section to file a tax report	49988
shall file a false or fraudulent tax report or supporting	49989
schedule.	49990

Sec. 5735.061.  (A) By the fifteenth day of June of 1988,	49991
1989, 1990, 1991, 1992, and 1993, the tax commissioner shall	49992
certify to each dealer the following:	49993

(1) The cents per gallon rate computed for the period that	49994
begins on the first day of July of the current year pursuant to	49995
section 5735.011 of the Revised Code;	49996

(2) The difference between the cents per gallon rate	49997
presently in effect and the cents per gallon rate referred to in	49998
division (A)(1) of this section.	49999

(B) By the thirty-first day of July of each year each motor	50000
fuel dealer shall file with the treasurer of statetax	50001
commissioner, on forms prescribed by the commissioner, a report	50002
signed by the motor fuel dealer showing the total number of	50003
gallons of all motor fuel that is held in the inventory of such	50004
motor fuel dealer as of the beginning of business on the first day	50005
of July of such year and on which the motor fuel tax has been	50006
paid.	50007

(C) If the cents per gallon rate referred to in division	50008
(A)(1) of this section is greater than the cents per gallon rate	50009
it replaced, each motor fuel dealer shall pay to the treasurer of	50010
statetax commissioner, upon the filing of the report under	50011
division (B) of this section, an amount equal to the product	50012
obtained by multiplying the gallonage referred to in division (B)	50013
of this section by the cents per gallon rate difference referred	50014
to in division (A)(2) of this section. Taxes collected pursuant to	50015
The tax commissioner shall immediately forward to the treasurer of	50016
state all money collected under this section, and such money shall	50017
be treated as revenue arising from the tax levied pursuant to	50018
section 5735.05 of the Revised Code.	50019

(D) If the cents per gallon rate referred to in division	50020
(A)(1) of this section is lower than the cents per gallon rate it	50021
replaced, each motor fuel dealer shall be entitled to a refund in	50022
an amount equal to the product obtained by multiplying the	50023
gallonage referred to in division (B) of this section by the cents	50024
per gallon rate difference referred to in division (A)(2) of this	50025
section. Within forty-five days from the date the motor fuel	50026
dealer files a report pursuant to division (B) of this section,	50027
the tax commissioner shall certify the amount of the refund to the	50028
director of budget and management and treasurer of state for	50029
payment from the tax refund fund created by section 5703.052 of	50030
the Revised Code.	50031

Sec. 5739.01.  As used in this chapter:

50032

(A) "Person" includes individuals, receivers, assignees,	50033
trustees in bankruptcy, estates, firms, partnerships,	50034
associations, joint-stock companies, joint ventures, clubs,	50035
societies, corporations, the state and its political subdivisions,	50036
and combinations of individuals of any form.	50037

(B) "Sale" and "selling" include all of the following	50038
transactions for a consideration in any manner, whether absolutely	50039
or conditionally, whether for a price or rental, in money or by	50040
exchange, and by any means whatsoever:	50041

(1) All transactions by which title or possession, or both,	50042
of tangible personal property, is or is to be transferred, or a	50043
license to use or consume tangible personal property is or is to	50044
be granted;	50045

(2) All transactions by which lodging by a hotel is or is to	50046
be furnished to transient guests;	50047

(3) All transactions by which:

50048

(a) An item of tangible personal property is or is to be	50049
repaired, except property, the purchase of which would be exempt	50050
from the tax imposed by section 5739.02 of the Revised Code;	50051

(b) An item of tangible personal property is or is to be	50052
installed, except property, the purchase of which would be exempt	50053
from the tax imposed by section 5739.02 of the Revised Code or	50054
property that is or is to be incorporated into and will become a	50055
part of a production, transmission, transportation, or	50056
distribution system for the delivery of a public utility service;	50057

(c) The service of washing, cleaning, waxing, polishing, or	50058
painting a motor vehicle is or is to be furnished;	50059

(d) Industrial laundry cleaning services are or are to be	50060
provided;	50061

(e) Automatic data processing, computer services, or	50062
electronic information services are or are to be provided for use	50063
in business when the true object of the transaction is the receipt	50064
by the consumer of automatic data processing, computer services,	50065
or electronic information services rather than the receipt of	50066
personal or professional services to which automatic data	50067
processing, computer services, or electronic information services	50068
are incidental or supplemental. Notwithstanding any other	50069
provision of this chapter, such transactions that occur between	50070
members of an affiliated group are not sales. An affiliated group	50071
means two or more persons related in such a way that one person	50072
owns or controls the business operation of another member of the	50073
group. In the case of corporations with stock, one corporation	50074
owns or controls another if it owns more than fifty per cent of	50075
the other corporation's common stock with voting rights.	50076

(f) Telecommunications service is provided that originates	50077
or terminates in this state and is charged in the records of the	50078
telecommunications service vendor to the consumer's telephone	50079
number or account in this state, or that both originates and	50080
terminates in this state; but does not include transactions by	50081
which telecommunications service is paid for by using a prepaid	50082
authorization number or prepaid telephone calling card, or by	50083
which local telecommunications service is obtained from a	50084
coin-operated telephone and paid for by using coin;	50085

(g) Landscaping and lawn care service is or is to be	50086
provided;	50087

(h) Private investigation and security service is or is to	50088
be provided;	50089

(i) Information services or tangible personal property is	50090
provided or ordered by means of a nine hundred telephone call;	50091

(j) Building maintenance and janitorial service is or is to	50092
be provided;	50093

(k) Employment service is or is to be provided;

50094

(l) Employment placement service is or is to be provided;

50095

(m) Exterminating service is or is to be provided;

50096

(n) Physical fitness facility service is or is to be	50097
provided;	50098

(o) Recreation and sports club service is or is to be	50099
provided.	50100

(4) All transactions by which printed, imprinted,	50101
overprinted, lithographic, multilithic, blueprinted, photostatic,	50102
or other productions or reproductions of written or graphic matter	50103
are or are to be furnished or transferred;	50104

(5) The production or fabrication of tangible personal	50105
property for a consideration for consumers who furnish either	50106
directly or indirectly the materials used in the production of	50107
fabrication work; and include the furnishing, preparing, or	50108
serving for a consideration of any tangible personal property	50109
consumed on the premises of the person furnishing, preparing, or	50110
serving such tangible personal property. Except as provided in	50111
section 5739.03 of the Revised Code, a construction contract	50112
pursuant to which tangible personal property is or is to be	50113
incorporated into a structure or improvement on and becoming a	50114
part of real property is not a sale of such tangible personal	50115
property. The construction contractor is the consumer of such	50116
tangible personal property, provided that the sale and	50117
installation of carpeting, the sale and installation of	50118
agricultural land tile, the sale and erection or installation of	50119
portable grain bins, or the provision of landscaping and lawn care	50120
service and the transfer of property as part of such service is	50121
never a construction contract. The transfer of copyrighted motion	50122
picture films for exhibition purposes is not a sale, except such	50123
films as are used solely for advertising purposes. Other than as	50124
provided in this section, "sale" and "selling" do not include	50125
professional, insurance, or personal service transactions which	50126
that involve the transfer of tangible personal property as an	50127
inconsequential element, for which no separate charges are made.	50128

As used in division (B)(5) of this section:

50129

(a) "Agricultural land tile" means fired clay or concrete	50130
tile, or flexible or rigid perforated plastic pipe or tubing,	50131
incorporated or to be incorporated into a subsurface drainage	50132
system appurtenant to land used or to be used directly in	50133
production by farming, agriculture, horticulture, or floriculture.	50134
The term does not include such materials when they are or are to	50135
be incorporated into a drainage system appurtenant to a building	50136
or structure even if the building or structure is used or to be	50137
used in such production.	50138

(b) "Portable grain bin" means a structure that is used or	50139
to be used by a person engaged in farming or agriculture to	50140
shelter the person's grain and that is designed to be disassembled	50141
without significant damage to its component parts.	50142

(6) All transactions in which all of the shares of stock of	50143
a closely held corporation are transferred, if the corporation is	50144
not engaging in business and its entire assets consist of boats,	50145
planes, motor vehicles, or other tangible personal property	50146
operated primarily for the use and enjoyment of the shareholders;	50147

(7) All transactions in which a warranty, maintenance or	50148
service contract, or similar agreement by which the vendor of the	50149
warranty, contract, or agreement agrees to repair or maintain the	50150
tangible personal property of the consumer is or is to be	50151
provided;	50152

(8) All transactions by which a prepaid authorization number	50153
or a prepaid telephone calling card is or is to be transferred.	50154

(C) "Vendor" means the person providing the service or by	50155
whom the transfer effected or license given by a sale is or is to	50156
be made or given and, for sales described in division (B)(3)(i) of	50157
this section, the telecommunications service vendor that provides	50158
the nine hundred telephone service; if two or more persons are	50159
engaged in business at the same place of business under a single	50160
trade name in which all collections on account of sales by each	50161
are made, such persons shall constitute a single vendor.	50162

Physicians, dentists, hospitals, and veterinarians who are	50163
engaged in selling tangible personal property as received from	50164
others, such as eyeglasses, mouthwashes, dentifrices, or similar	50165
articles, are vendors. Veterinarians who are engaged in	50166
transferring to others for a consideration drugs, the dispensing	50167
of which does not require an order of a licensed veterinarian or	50168
physician under federal law, are vendors.	50169

(D)(1) "Consumer" means the person for whom the service is	50170
provided, to whom the transfer effected or license given by a sale	50171
is or is to be made or given, to whom the service described in	50172
division (B)(3)(f) or (i) of this section is charged, or to whom	50173
the admission is granted.	50174

(2) Physicians, dentists, hospitals, and blood banks	50175
operated by nonprofit institutions and persons licensed to	50176
practice veterinary medicine, surgery, and dentistry are consumers	50177
of all tangible personal property and services purchased by them	50178
in connection with the practice of medicine, dentistry, the	50179
rendition of hospital or blood bank service, or the practice of	50180
veterinary medicine, surgery, and dentistry. In addition to being	50181
consumers of drugs administered by them or by their assistants	50182
according to their direction, veterinarians also are consumers of	50183
drugs that under federal law may be dispensed only by or upon the	50184
order of a licensed veterinarian or physician, when transferred by	50185
them to others for a consideration to provide treatment to animals	50186
as directed by the veterinarian.	50187

(3) A person who performs a facility management, or similar	50188
service contract for a contractee is a consumer of all tangible	50189
personal property and services purchased for use in connection	50190
with the performance of such contract, regardless of whether title	50191
to any such property vests in the contractee. The purchase of	50192
such property and services is not subject to the exception for	50193
resale under division (E)(1) of this section.	50194

(4)(a) In the case of a person who purchases printed matter	50195
for the purpose of distributing it or having it distributed to the	50196
public or to a designated segment of the public, free of charge,	50197
that person is the consumer of that printed matter, and the	50198
purchase of that printed matter for that purpose is a sale.	50199

(b) In the case of a person who produces, rather than	50200
purchases, printed matter for the purpose of distributing it or	50201
having it distributed to the public or to a designated segment of	50202
the public, free of charge, that person is the consumer of all	50203
tangible personal property and services purchased for use or	50204
consumption in the production of that printed matter. That person	50205
is not entitled to claim exception under division (E)(8) of this	50206
section for any material incorporated into the printed matter or	50207
any equipment, supplies, or services primarily used to produce the	50208
printed matter.	50209

(c) The distribution of printed matter to the public or to a	50210
designated segment of the public, free of charge, is not a sale to	50211
the members of the public to whom the printed matter is	50212
distributed or to any persons who purchase space in the printed	50213
matter for advertising or other purposes.	50214

(5) A person who makes sales of any of the services listed	50215
in division (B)(3) of this section is the consumer of any tangible	50216
personal property used in performing the service. The purchase of	50217
that property is not subject to the resale exception under	50218
division (E)(1) of this section.	50219

(E) "Retail sale" and "sales at retail" include all sales	50220
except those in which the purpose of the consumer is:	50221

(1) To resell the thing transferred or benefit of the	50222
service provided, by a person engaging in business, in the form in	50223
which the same is, or is to be, received by the person;	50224

(2) To incorporate the thing transferred as a material or a	50225
part, into tangible personal property to be produced for sale by	50226
manufacturing, assembling, processing, or refining, or to use or	50227
consume the thing transferred directly in producing a product for	50228
sale by mining, including without limitation the extraction from	50229
the earth of all substances whichthat are classed geologically as	50230
minerals, production of crude oil and natural gas, farming,	50231
agriculture, horticulture, or floriculture, and persons engaged in	50232
rendering farming, agricultural, horticultural, or floricultural	50233
services, and services in the exploration for, and production of,	50234
crude oil and natural gas, for others are deemed engaged directly	50235
in farming, agriculture, horticulture, and floriculture, or	50236
exploration for, and production of, crude oil and natural gas;	50237
directly in the rendition of a public utility service, except that	50238
the sales tax levied by section 5739.02 of the Revised Code shall	50239
be collected upon all meals, drinks, and food for human	50240
consumption sold upon Pullman and railroad coaches. This	50241
paragraph does not exempt or except from "retail sale" or "sales	50242
at retail" the sale of tangible personal property that is to be	50243
incorporated into a structure or improvement to real property.	50244

(3) To hold the thing transferred as security for the	50245
performance of an obligation of the vendor;	50246

(4) To use or consume the thing transferred in the process	50247
of reclamation as required by Chapters 1513. and 1514. of the	50248
Revised Code;	50249

(5) To resell, hold, use, or consume the thing transferred	50250
as evidence of a contract of insurance;	50251

(6) To use or consume the thing directly in commercial	50252
fishing;	50253

(7) To incorporate the thing transferred as a material or a	50254
part into, or to use or consume the thing transferred directly in	50255
the production of, magazines distributed as controlled circulation	50256
publications;	50257

(8) To use or consume the thing transferred in the	50258
production and preparation in suitable condition for market and	50259
sale of printed, imprinted, overprinted, lithographic,	50260
multilithic, blueprinted, photostatic, or other productions or	50261
reproductions of written or graphic matter;	50262

(9) To use the thing transferred, as described in section	50263
5739.011 of the Revised Code, primarily in a manufacturing	50264
operation to produce tangible personal property for sale;	50265

(10) To use the benefit of a warranty, maintenance or	50266
service contract, or similar agreement, as defined in division	50267
(B)(7) of this section, to repair or maintain tangible personal	50268
property, if all of the property that is the subject of the	50269
warranty, contract, or agreement would be exempt on its purchase	50270
from the tax imposed by section 5739.02 of the Revised Code;	50271

(11) To use the thing transferred as qualified research and	50272
development equipment;	50273

(12) To use or consume the thing transferred primarily in	50274
storing, transporting, mailing, or otherwise handling purchased	50275
sales inventory in a warehouse, distribution center, or similar	50276
facility when the inventory is primarily distributed outside this	50277
state to retail stores of the person who owns or controls the	50278
warehouse, distribution center, or similar facility, to retail	50279
stores of an affiliated group of which that person is a member, or	50280
by means of direct marketing. Division (E)(12) of this section	50281
does not apply to motor vehicles registered for operation on the	50282
public highways. As used in division (E)(12) of this section,	50283
"affiliated group" has the same meaning as in division (B)(3)(e)	50284
of this section and "direct marketing" has the same meaning as in	50285
division (B)(37) of section 5739.02 of the Revised Code.	50286

(13) To use or consume the thing transferred to fulfill a	50287
contractual obligation incurred by a warrantor pursuant to a	50288
warranty provided as a part of the price of the tangible personal	50289
property sold or by a vendor of a warranty, maintenance or service	50290
contract, or similar agreement the provision of which is defined	50291
as a sale under division (B)(7) of this section;	50292

(14) To use or consume the thing transferred in the	50293
production of a newspaper for distribution to the public;	50294

(15) To use tangible personal property to perform a service	50295
listed in division (B)(3) of this section, if the property is or	50296
is to be permanently transferred to the consumer of the service as	50297
an integral part of the performance of the service.	50298

As used in division (E) of this section, "thing" includes all	50299
transactions included in divisions (B)(3)(a), (b), and (e) of this	50300
section.	50301

Sales conducted through a coin-operated device that activates	50302
vacuum equipment or equipment that dispenses water, whether or not	50303
in combination with soap or other cleaning agents or wax, to the	50304
consumer for the consumer's use on the premises in washing,	50305
cleaning, or waxing a motor vehicle, provided no other personal	50306
property or personal service is provided as part of the	50307
transaction, are not retail sales or sales at retail.	50308

(F) "Business" includes any activity engaged in by any	50309
person with the object of gain, benefit, or advantage, either	50310
direct or indirect. "Business" does not include the activity of a	50311
person in managing and investing the person's own funds.	50312

(G) "Engaging in business" means commencing, conducting, or	50313
continuing in business, and liquidating a business when the	50314
liquidator thereof holds selfitself out to the public as	50315
conducting such business. Making a casual sale is not engaging in	50316
business.	50317

(H)(1) "Price," except as provided in divisions (H)(2) and	50318
(3) of this section, means the aggregate value in money of	50319
anything paid or delivered, or promised to be paid or delivered,	50320
in the complete performance of a retail sale, without any	50321
deduction on account of the cost of the property sold, cost of	50322
materials used, labor or service cost, interest, discount paid or	50323
allowed after the sale is consummated, or any other expense. If	50324
the retail sale consists of the rental or lease of tangible	50325
personal property, "price" means the aggregate value in money of	50326
anything paid or delivered, or promised to be paid or delivered,	50327
in the complete performance of the rental or lease, without any	50328
deduction for tax, interest, labor or service charge, damage	50329
liability waiver, termination or damage charge, discount paid or	50330
allowed after the lease is consummated, or any other expense. The	50331
sales tax shall be calculated and collected by the lessor on each	50332
payment made by the lessee. Price does not include the	50333
consideration received as a deposit refundable to the consumer	50334
upon return of a beverage container, the consideration received as	50335
a deposit on a carton or case that is used for such returnable	50336
containers, or the consideration received as a refundable security	50337
deposit for the use of tangible personal property to the extent	50338
that it actually is refunded, if the consideration for such	50339
refundable deposit is separately stated from the consideration	50340
received or to be received for the tangible personal property	50341
transferred in the retail sale. Such separation must appear in	50342
the sales agreement or on the initial invoice or initial billing	50343
rendered by the vendor to the consumer. Price is the amount	50344
received inclusive of the tax, provided the vendor establishes to	50345
the satisfaction of the tax commissioner that the tax was added to	50346
the price. When the price includes both a charge for tangible	50347
personal property and a charge for providing a service and the	50348
sale of the property and the charge for the service are separately	50349
taxable, or have a separately determinable tax status, the price	50350
shall be separately stated for each such charge so the tax can be	50351
correctly computed and charged.	50352

The tax collected by the vendor from the consumer under this	50353
chapter is not part of the price, but is a tax collection for the	50354
benefit of the state and of counties levying an additional sales	50355
tax pursuant to section 5739.021 or 5739.026 of the Revised Code	50356
and of transit authorities levying an additional sales tax	50357
pursuant to section 5739.023 of the Revised Code. Except for the	50358
discount authorized in section 5739.12 of the Revised Code, no	50359
person other than the state or such a county or transit authority	50360
shall derive any benefit from the collection or payment of such	50361
tax.	50362

(2) In the case of a sale of any new motor vehicle by a new	50363
motor vehicle dealer, as defined in section 4517.01 of the Revised	50364
Code, in which another motor vehicle is accepted by the dealer as	50365
part of the consideration received, "price" has the same meaning	50366
as in division (H)(1) of this section, reduced by the credit	50367
afforded the consumer by the dealer for the motor vehicle received	50368
in trade.	50369

(3) In the case of a sale of any watercraft or outboard	50370
motor by a watercraft dealer licensed in accordance with section	50371
1547.543 of the Revised Code, in which another watercraft,	50372
watercraft and trailer, or outboard motor is accepted by the	50373
dealer as part of the consideration received, "price" has the same	50374
meaning as in division (H)(1) of this section, reduced by the	50375
credit afforded the consumer by the dealer for the watercraft,	50376
watercraft and trailer, or outboard motor received in trade. As	50377
used in division (H)(3) of this section, "watercraft" includes an	50378
outdrive unit attached to the watercraft.	50379

(I) "Receipts" means the total amount of the prices of the	50380
sales of vendors, provided that cash discounts allowed and taken	50381
on sales at the time they are consummated are not included, minus	50382
any amount deducted as a bad debt pursuant to section 5739.121 of	50383
the Revised Code. "Receipts" does not include the sale price of	50384
property returned or services rejected by consumers when the full	50385
sale price and tax are refunded either in cash or by credit.	50386

(J) "Place of business" means any location at which a person	50387
engages in business.	50388

(K) "Premises" includes any real property or portion thereof	50389
upon which any person engages in selling tangible personal	50390
property at retail or making retail sales and also includes any	50391
real property or portion thereof designated for, or devoted to,	50392
use in conjunction with the business engaged in by such person.	50393

(L) "Casual sale" means a sale of an item of tangible	50394
personal property whichthat was obtained by the person making the	50395
sale, through purchase or otherwise, for the person's own use in	50396
this state and which was previously subject to any state's taxing	50397
jurisdiction on its sale or use, and includes such items acquired	50398
for the seller's use whichthat are sold by an auctioneer employed	50399
directly by the person for such purpose, provided the location of	50400
such sales is not the auctioneer's permanent place of business. As	50401
used in this division, "permanent place of business" includes any	50402
location where such auctioneer has conducted more than two	50403
auctions during the year.	50404

(M) "Hotel" means every establishment kept, used,	50405
maintained, advertised, or held out to the public to be a place	50406
where sleeping accommodations are offered to guests, in which five	50407
or more rooms are used for the accommodation of such guests,	50408
whether suchthe rooms are in one or several structures.	50409

(N) "Transient guests" means persons occupying a room or	50410
rooms for sleeping accommodations for less than thirty consecutive	50411
days.	50412

(O) "Making retail sales" means the effecting of	50413
transactions wherein one party is obligated to pay the price and	50414
the other party is obligated to provide a service or to transfer	50415
title to or possession of the item sold. "Making retail sales"	50416
does not include the preliminary acts of promoting or soliciting	50417
the retail sales, other than the distribution of printed matter	50418
which displays or describes and prices the item offered for sale,	50419
nor does it include delivery of a predetermined quantity of	50420
tangible personal property or transportation of property or	50421
personnel to or from a place where a service is performed,	50422
regardless of whether the vendor is a delivery vendor.	50423

(P) "Used directly in the rendition of a public utility	50424
service" means that property which is to be incorporated into and	50425
will become a part of the consumer's production, transmission,	50426
transportation, or distribution system and whichthat retains its	50427
classification as tangible personal property after such	50428
incorporation; fuel or power used in the production, transmission,	50429
transportation, or distribution system; and tangible personal	50430
property used in the repair and maintenance of the production,	50431
transmission, transportation, or distribution system, including	50432
only such motor vehicles as are specially designed and equipped	50433
for such use. Tangible personal property and services used	50434
primarily in providing highway transportation for hire are not	50435
used in providing a public utility service as defined in this	50436
division.	50437

(Q) "Refining" means removing or separating a desirable	50438
product from raw or contaminated materials by distillation or	50439
physical, mechanical, or chemical processes.	50440

(R) "Assembly" and "assembling" mean attaching or fitting	50441
together parts to form a product, but do not include packaging a	50442
product.	50443

(S) "Manufacturing operation" means a process in which	50444
materials are changed, converted, or transformed into a different	50445
state or form from which they previously existed and includes	50446
refining materials, assembling parts, and preparing raw materials	50447
and parts by mixing, measuring, blending, or otherwise committing	50448
such materials or parts to the manufacturing process.	50449
"Manufacturing operation" does not include packaging.	50450

(T) "Fiscal officer" means, with respect to a regional	50451
transit authority, the secretary-treasurer thereof, and with	50452
respect to a county whichthat is a transit authority, the fiscal	50453
officer of the county transit board if one is appointed pursuant	50454
to section 306.03 of the Revised Code or the county auditor if the	50455
board of county commissioners operates the county transit system.	50456

(U) "Transit authority" means a regional transit authority	50457
created pursuant to section 306.31 of the Revised Code or a county	50458
in which a county transit system is created pursuant to section	50459
306.01 of the Revised Code. For the purposes of this chapter, a	50460
transit authority must extend to at least the entire area of a	50461
single county. A transit authority whichthat includes territory	50462
in more than one county must include all the area of the most	50463
populous county whichthat is a part of such transit authority.	50464
County population shall be measured by the most recent census	50465
taken by the United States census bureau.	50466

(V) "Legislative authority" means, with respect to a	50467
regional transit authority, the board of trustees thereof, and	50468
with respect to a county whichthat is a transit authority, the	50469
board of county commissioners.	50470

(W) "Territory of the transit authority" means all of the	50471
area included within the territorial boundaries of a transit	50472
authority as they from time to time exist. Such territorial	50473
boundaries must at all times include all the area of a single	50474
county or all the area of the most populous county whichthat is a	50475
part of such transit authority. County population shall be	50476
measured by the most recent census taken by the United States	50477
census bureau.	50478

(X) "Providing a service" means providing or furnishing	50479
anything described in division (B)(3) of this section for	50480
consideration.	50481

(Y)(1)(a) "Automatic data processing" means processing of	50482
others' data, including keypunching or similar data entry services	50483
together with verification thereof, or providing access to	50484
computer equipment for the purpose of processing data.	50485

(b) "Computer services" means providing services consisting	50486
of specifying computer hardware configurations and evaluating	50487
technical processing characteristics, computer programming, and	50488
training of computer programmers and operators, provided in	50489
conjunction with and to support the sale, lease, or operation of	50490
taxable computer equipment or systems.	50491

(c) "Electronic information services" means providing access	50492
to computer equipment by means of telecommunications equipment for	50493
the purpose of either of the following:	50494

(i) Examining or acquiring data stored in or accessible to	50495
the computer equipment;	50496

(ii) Placing data into the computer equipment to be	50497
retrieved by designated recipients with access to the computer	50498
equipment.	50499

(d) "Automatic data processing, computer services, or	50500
electronic information services" shall not include personal or	50501
professional services.	50502

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	50503
section, "personal and professional services" means all services	50504
other than automatic data processing, computer services, or	50505
electronic information services, including but not limited to:	50506

(a) Accounting and legal services such as advice on tax	50507
matters, asset management, budgetary matters, quality control,	50508
information security, and auditing and any other situation where	50509
the service provider receives data or information and studies,	50510
alters, analyzes, interprets, or adjusts such material;	50511

(b) Analyzing business policies and procedures;

50512

(c) Identifying management information needs;

50513

(d) Feasibility studies, including economic and technical	50514
analysis of existing or potential computer hardware or software	50515
needs and alternatives;	50516

(e) Designing policies, procedures, and custom software for	50517
collecting business information, and determining how data should	50518
be summarized, sequenced, formatted, processed, controlled, and	50519
reported so that it will be meaningful to management;	50520

(f) Developing policies and procedures that document how	50521
business events and transactions are to be authorized, executed,	50522
and controlled;	50523

(g) Testing of business procedures;

50524

(h) Training personnel in business procedure applications;

50525

(i) Providing credit information to users of such	50526
information by a consumer reporting agency, as defined in the	50527
"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C.	50528
1681a(f), or as hereafter amended, including but not limited to	50529
gathering, organizing, analyzing, recording, and furnishing such	50530
information by any oral, written, graphic, or electronic medium;	50531

(j) Providing debt collection services by any oral, written,	50532
graphic, or electronic means.	50533

The services listed in divisions (Y)(2)(a) to (j) of this	50534
section are not automatic data processing or computer services.	50535

(Z) "Highway transportation for hire" means the	50536
transportation of personal property belonging to others for	50537
consideration by any of the following:	50538

(1) The holder of a permit or certificate issued by this	50539
state or the United States authorizing the holder to engage in	50540
transportation of personal property belonging to others for	50541
consideration over or on highways, roadways, streets, or any	50542
similar public thoroughfare;	50543

(2) A person who engages in the transportation of personal	50544
property belonging to others for consideration over or on	50545
highways, roadways, streets, or any similar public thoroughfare	50546
but who could not have engaged in such transportation on December	50547
11, 1985, unless the person was the holder of a permit or	50548
certificate of the types described in division (Z)(1) of this	50549
section;	50550

(3) A person who leases a motor vehicle to and operates it	50551
for a person described by division (Z)(1) or (2) of this section.	50552

(AA) "Telecommunications service" means the transmission of	50553
any interactive, two-way electromagnetic communications, including	50554
voice, image, data, and information, through the use of any medium	50555
such as wires, cables, microwaves, cellular radio, radio waves,	50556
light waves, or any combination of those or similar media.	50557
"Telecommunications service" includes message toll service even	50558
though the vendor provides the message toll service by means of	50559
wide area transmission type service or private communications	50560
service purchased from another telecommunications service	50561
provider, but does not include any of the following:	50562

(1) Sales of incoming or outgoing wide area transmission	50563
service or wide area transmission type service, including eight	50564
hundred or eight-hundred-type service, to the person contracting	50565
for the receipt of that service;	50566

(2) Sales of private communications service to the person	50567
contracting for the receipt of that service that entitles the	50568
purchaser to exclusive or priority use of a communications channel	50569
or group of channels between exchanges;	50570

(3) Sales of telecommunications service by companies subject	50571
to the excise tax imposed by Chapter 5727. of the Revised Code;	50572

(4) Sales of telecommunications service to a provider of	50573
telecommunications service, including access services, for use in	50574
providing telecommunications service;	50575

(5) Value-added nonvoice services in which computer	50576
processing applications are used to act on the form, content,	50577
code, or protocol of the information to be transmitted;	50578

(6) Transmission of interactive video programming by a cable	50579
television system as defined in section 505.90 of the Revised	50580
Code.	50581

(BB) "Industrial laundry cleaning services" means removing	50582
soil or dirt from or supplying towels, linens, or articles of	50583
clothing that belong to others and are used in a trade or	50584
business.	50585

(CC) "Magazines distributed as controlled circulation	50586
publications" means magazines containing at least twenty-four	50587
pages, at least twenty-five per cent editorial content, issued at	50588
regular intervals four or more times a year, and circulated	50589
without charge to the recipient, provided that such magazines are	50590
not owned or controlled by individuals or business concerns which	50591
conduct such publications as an auxiliary to, and essentially for	50592
the advancement of the main business or calling of, those who own	50593
or control them.	50594

(DD) "Landscaping and lawn care service" means the services	50595
of planting, seeding, sodding, removing, cutting, trimming,	50596
pruning, mulching, aerating, applying chemicals, watering,	50597
fertilizing, and providing similar services to establish, promote,	50598
or control the growth of trees, shrubs, flowers, grass, ground	50599
cover, and other flora, or otherwise maintaining a lawn or	50600
landscape grown or maintained by the owner for ornamentation or	50601
other nonagricultural purpose. However, "landscaping and lawn	50602
care service" does not include the providing of such services by a	50603
person who has less than five thousand dollars in sales of such	50604
services during the calendar year.	50605

(EE) "Private investigation and security service" means the	50606
performance of any activity for which the provider of such service	50607
is required to be licensed pursuant to Chapter 4749. of the	50608
Revised Code, or would be required to be so licensed in performing	50609
such services in this state, and also includes the services of	50610
conducting polygraph examinations and of monitoring or overseeing	50611
the activities on or in, or the condition of, the consumer's home,	50612
business, or other facility by means of electronic or similar	50613
monitoring devices. "Private investigation and security service"	50614
does not include special duty services provided by off-duty police	50615
officers, deputy sheriffs, and other peace officers regularly	50616
employed by the state or a political subdivision.	50617

(FF) "Information services" means providing conversation,	50618
giving consultation or advice, playing or making a voice or other	50619
recording, making or keeping a record of the number of callers,	50620
and any other service provided to a consumer by means of a nine	50621
hundred telephone call, except when the nine hundred telephone	50622
call is the means by which the consumer makes a contribution to a	50623
recognized charity.	50624

(GG) "Research and development" means designing, creating,	50625
or formulating new or enhanced products, equipment, or	50626
manufacturing processes, and conducting scientific or	50627
technological inquiry and experimentation in the physical sciences	50628
with the goal of increasing scientific knowledge which may reveal	50629
the bases for new or enhanced products, equipment, or	50630
manufacturing processes.	50631

(HH) "Qualified research and development equipment" means	50632
capitalized tangible personal property, and leased personal	50633
property that would be capitalized if purchased, used by a person	50634
primarily to perform research and development. Tangible personal	50635
property primarily used in testing, as defined in division (A)(4)	50636
of section 5739.011 of the Revised Code, or used for recording or	50637
storing test results, is not qualified research and development	50638
equipment unless such property is primarily used by the consumer	50639
in testing the product, equipment, or manufacturing process being	50640
created, designed, or formulated by the consumer in the research	50641
and development activity or in recording or storing such test	50642
results.	50643

(II) "Building maintenance and janitorial service" means	50644
cleaning the interior or exterior of a building and any tangible	50645
personal property located therein or thereon, including any	50646
services incidental to such cleaning for which no separate charge	50647
is made. However, "building maintenance and janitorial service"	50648
does not include the providing of such service by a person who has	50649
less than five thousand dollars in sales of such service during	50650
the calendar year.	50651

(JJ) "Employment service" means providing or supplying	50652
personnel, on a temporary or long-term basis, to perform work or	50653
labor under the supervision or control of another, when the	50654
personnel so supplied receive their wages, salary, or other	50655
compensation from the provider of the service. "Employment	50656
service" does not include:	50657

(1) Acting as a contractor or subcontractor, where the	50658
personnel performing the work are not under the direct control of	50659
the purchaser.	50660

(2) Medical and health care services.

50661

(3) Supplying personnel to a purchaser pursuant to a	50662
contract of at least one year between the service provider and the	50663
purchaser that specifies that each employee covered under the	50664
contract is assigned to the purchaser on a permanent basis.	50665

(4) Transactions between members of an affiliated group, as	50666
defined in division (B)(3)(e) of this section.	50667

(KK) "Employment placement service" means locating or	50668
finding employment for a person or finding or locating an employee	50669
to fill an available position.	50670

(LL) "Exterminating service" means eradicating or attempting	50671
to eradicate vermin infestations from a building or structure, or	50672
the area surrounding a building or structure, and includes	50673
activities to inspect, detect, or prevent vermin infestation of a	50674
building or structure.	50675

(MM) "Physical fitness facility service" means all	50676
transactions by which a membership is granted, maintained, or	50677
renewed, including initiation fees, membership dues, renewal fees,	50678
monthly minimum fees, and other similar fees and dues, by a	50679
physical fitness facility such as an athletic club, health spa, or	50680
gymnasium, which entitles the member to use the facility for	50681
physical exercise.	50682

(NN) "Recreation and sports club service" means all	50683
transactions by which a membership is granted, maintained, or	50684
renewed, including initiation fees, membership dues, renewal fees,	50685
monthly minimum fees, and other similar fees and dues, by a	50686
recreation and sports club, which entitles the member to use the	50687
facilities of the organization. "Recreation and sports club"	50688
means an organization that has ownership of, or controls or leases	50689
on a continuing, long-term basis, the facilities used by its	50690
members and includes an aviation club, gun or shooting club, yacht	50691
club, card club, swimming club, tennis club, golf club, country	50692
club, riding club, amateur sports club, or similar organization.	50693

(OO) "Livestock" means farm animals commonly raised for food	50694
or food production, and includes but is not limited to cattle,	50695
sheep, goats, swine, and poultry. "Livestock" does not include	50696
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	50697
animals for use in laboratories or for exhibition, or other	50698
animals not commonly raised for food or food production.	50699

(PP) "Livestock structure" means a building or structure	50700
used exclusively for the housing, raising, feeding, or sheltering	50701
of livestock, and includes feed storage or handling structures and	50702
structures for livestock waste handling.	50703

(QQ) "Horticulture" means the growing, cultivation, and	50704
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	50705
and nursery stock. As used in this division, "nursery stock" has	50706
the same meaning as in section 927.51 of the Revised Code.	50707

(RR) "Horticulture structure" means a building or structure	50708
used exclusively for the commercial growing, raising, or	50709
overwintering of horticultural products, and includes the area	50710
used for stocking, storing, and packing horticultural products	50711
when done in conjunction with the production of those products.	50712

(SS) "Newspaper" means an unbound publication bearing a	50713
title or name that is regularly published, at least as frequently	50714
as biweekly, and distributed from a fixed place of business to the	50715
public in a specific geographic area, and that contains a	50716
substantial amount of news matter of international, national, or	50717
local events of interest to the general public.	50718

(TT) "Professional racing team" means a person that employs	50719
at least twenty full-time employees for the purpose of conducting	50720
a motor vehicle racing business for profit. The person must	50721
conduct the business with the purpose of racing one or more motor	50722
racing vehicles in at least ten competitive professional racing	50723
events each year that comprise all or part of a motor racing	50724
series sanctioned by one or more motor racing sanctioning	50725
organizations. A "motor racing vehicle" means a vehicle for which	50726
the chassis, engine, and parts are designed exclusively for motor	50727
racing, and does not include a stock or production model vehicle	50728
that may be modified for use in racing. For the purposes of this	50729
division:	50730

(1) A "competitive professional racing event" is a motor	50731
vehicle racing event sanctioned by one or more motor racing	50732
sanctioning organizations, at which aggregate cash prizes in	50733
excess of eight hundred thousand dollars are awarded to the	50734
competitors.	50735

(2) "Full-time employee" means an individual who is employed	50736
for consideration for thirty-five or more hours a week, or who	50737
renders any other standard of service generally accepted by custom	50738
or specified by contract as full-time employment.	50739

(UU)(1) "Prepaid authorization number" means a numeric or	50740
alphanumeric combination that represents a prepaid account that	50741
can be used by the account holder solely to obtain	50742
telecommunications service, and includes any renewals or increases	50743
in the prepaid account.	50744

(2) "Prepaid telephone calling card" means a tangible item	50745
that contains a prepaid authorization number that can be used	50746
solely to obtain telecommunications service, and includes any	50747
renewals or increases in the prepaid account.	50748

Sec. 5739.02.  For the purpose of providing revenue with	50749
which to meet the needs of the state, for the use of the general	50750
revenue fund of the state, for the purpose of securing a thorough	50751
and efficient system of common schools throughout the state, for	50752
the purpose of affording revenues, in addition to those from	50753
general property taxes, permitted under constitutional	50754
limitations, and from other sources, for the support of local	50755
governmental functions, and for the purpose of reimbursing the	50756
state for the expense of administering this chapter, an excise tax	50757
is hereby levied on each retail sale made in this state.	50758

(A) The tax shall be collected pursuant to the schedules in	50759
section 5739.025 of the Revised Code.	50760

The tax applies and is collectible when the sale is made,	50761
regardless of the time when the price is paid or delivered.	50762

In the case of a sale, the price of which consists in whole	50763
or in part of rentals for the use of the thing transferred, the	50764
tax, as regards such rentals, shall be measured by the	50765
installments thereof.	50766

In the case of a sale of a service defined under division	50767
(MM) or (NN) of section 5739.01 of the Revised Code, the price of	50768
which consists in whole or in part of a membership for the receipt	50769
of the benefit of the service, the tax applicable to the sale	50770
shall be measured by the installments thereof.	50771

(B) The tax does not apply to the following:

50772

(1) Sales to the state or any of its political subdivisions,	50773
or to any other state or its political subdivisions if the laws of	50774
that state exempt from taxation sales made to this state and its	50775
political subdivisions;	50776

(2) Sales of food for human consumption off the premises	50777
where sold;	50778

(3) Sales of food sold to students only in a cafeteria,	50779
dormitory, fraternity, or sorority maintained in a private,	50780
public, or parochial school, college, or university;	50781

(4) Sales of newspapers, and of magazine subscriptions	50782
shipped by second class mail, and sales or transfers of magazines	50783
distributed as controlled circulation publications;	50784

(5) The furnishing, preparing, or serving of meals without	50785
charge by an employer to an employee provided the employer records	50786
the meals as part compensation for services performed or work	50787
done;	50788

(6) Sales of motor fuel upon receipt, use, distribution, or	50789
sale of which in this state a tax is imposed by the law of this	50790
state, but this exemption shall not apply to the sale of motor	50791
fuel on which a refund of the tax is allowable under section	50792
5735.14 of the Revised Code; and the tax commissioner may deduct	50793
the amount of tax levied by this section applicable to the price	50794
of motor fuel when granting a refund of motor fuel tax pursuant to	50795
section 5735.14 of the Revised Code and shall cause the amount	50796
deducted to be paid into the general revenue fund of this state;	50797

(7) Sales of natural gas by a natural gas company, of water	50798
by a water-works company, or of steam by a heating company, if in	50799
each case the thing sold is delivered to consumers through pipes	50800
or conduits, and all sales of communications services by a	50801
telephone or telegraph company, all terms as defined in section	50802
5727.01 of the Revised Code;	50803

(8) Casual sales by a person, or auctioneer employed	50804
directly by the person to conduct such sales, except as to such	50805
sales of motor vehicles, watercraft or outboard motors required to	50806
be titled under section 1548.06 of the Revised Code, watercraft	50807
documented with the United States coast guard, snowmobiles, and	50808
all-purpose vehicles as defined in section 4519.01 of the Revised	50809
Code;	50810

(9) Sales of services or tangible personal property, other	50811
than motor vehicles, mobile homes, and manufactured homes, by	50812
churches, organizations exempt from taxation under section	50813
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	50814
organizations operated exclusively for charitable purposes as	50815
defined in division (B)(12) of this section, provided that the	50816
number of days on which such tangible personal property or	50817
services, other than items never subject to the tax, are sold does	50818
not exceed six in any calendar year. If the number of days on	50819
which such sales are made exceeds six in any calendar year, the	50820
church or organization shall be considered to be engaged in	50821
business and all subsequent sales by it shall be subject to the	50822
tax. In counting the number of days, all sales by groups within a	50823
church or within an organization shall be considered to be sales	50824
of that church or organization, except that sales made by separate	50825
student clubs and other groups of students of a primary or	50826
secondary school, and sales made by a parent-teacher association,	50827
booster group, or similar organization that raises money to	50828
support or fund curricular or extracurricular activities of a	50829
primary or secondary school, shall not be considered to be sales	50830
of such school, and sales by each such club, group, association,	50831
or organization shall be counted separately for purposes of the	50832
six-day limitation. This division does not apply to sales by a	50833
noncommercial educational radio or television broadcasting	50834
station.	50835

(10) Sales not within the taxing power of this state under	50836
the Constitution of the United States;	50837

(11) The transportation of persons or property, unless the	50838
transportation is by a private investigation and security service;	50839

(12) Sales of tangible personal property or services to	50840
churches, to organizations exempt from taxation under section	50841
501(c)(3) of the Internal Revenue Code of 1986, and to any other	50842
nonprofit organizations operated exclusively for charitable	50843
purposes in this state, no part of the net income of which inures	50844
to the benefit of any private shareholder or individual, and no	50845
substantial part of the activities of which consists of carrying	50846
on propaganda or otherwise attempting to influence legislation;	50847
sales to offices administering one or more homes for the aged or	50848
one or more hospital facilities exempt under section 140.08 of the	50849
Revised Code; and sales to organizations described in division (D)	50850
of section 5709.12 of the Revised Code.	50851

"Charitable purposes" means the relief of poverty; the	50852
improvement of health through the alleviation of illness, disease,	50853
or injury; the operation of an organization exclusively for the	50854
provision of professional, laundry, printing, and purchasing	50855
services to hospitals or charitable institutions; the operation of	50856
a home for the aged, as defined in section 5701.13 of the Revised	50857
Code; the operation of a radio or television broadcasting station	50858
that is licensed by the federal communications commission as a	50859
noncommercial educational radio or television station; the	50860
operation of a nonprofit animal adoption service or a county	50861
humane society; the promotion of education by an institution of	50862
learning that maintains a faculty of qualified instructors,	50863
teaches regular continuous courses of study, and confers a	50864
recognized diploma upon completion of a specific curriculum; the	50865
operation of a parent-teacher association, booster group, or	50866
similar organization primarily engaged in the promotion and	50867
support of the curricular or extracurricular activities of a	50868
primary or secondary school; the operation of a community or area	50869
center in which presentations in music, dramatics, the arts, and	50870
related fields are made in order to foster public interest and	50871
education therein; the production of performances in music,	50872
dramatics, and the arts; or the promotion of education by an	50873
organization engaged in carrying on research in, or the	50874
dissemination of, scientific and technological knowledge and	50875
information primarily for the public.	50876

Nothing in this division shall be deemed to exempt sales to	50877
any organization for use in the operation or carrying on of a	50878
trade or business, or sales to a home for the aged for use in the	50879
operation of independent living facilities as defined in division	50880
(A) of section 5709.12 of the Revised Code.	50881

(13) Building and construction materials and services sold	50882
to construction contractors for incorporation into a structure or	50883
improvement to real property under a construction contract with	50884
this state or a political subdivision thereof, or with the United	50885
States government or any of its agencies; building and	50886
construction materials and services sold to construction	50887
contractors for incorporation into a structure or improvement to	50888
real property that are accepted for ownership by this state or any	50889
of its political subdivisions, or by the United States government	50890
or any of its agencies at the time of completion of such	50891
structures or improvements; building and construction materials	50892
sold to construction contractors for incorporation into a	50893
horticulture structure or livestock structure for a person engaged	50894
in the business of horticulture or producing livestock; building	50895
materials and services sold to a construction contractor for	50896
incorporation into a house of public worship or religious	50897
education, or a building used exclusively for charitable purposes	50898
under a construction contract with an organization whose purpose	50899
is as described in division (B)(12) of this section; building	50900
materials and services sold to a construction contractor for	50901
incorporation into a building under a construction contract with	50902
an organization exempt from taxation under section 501(c)(3) of	50903
the Internal Revenue Code of 1986 when the building is to be used	50904
exclusively for the organization's exempt purposes; building and	50905
construction materials sold for incorporation into the original	50906
construction of a sports facility under section 307.696 of the	50907
Revised Code; and building and construction materials and services	50908
sold to a construction contractor for incorporation into real	50909
property outside this state if such materials and services, when	50910
sold to a construction contractor in the state in which the real	50911
property is located for incorporation into real property in that	50912
state, would be exempt from a tax on sales levied by that state;	50913

(14) Sales of ships or vessels or rail rolling stock used or	50914
to be used principally in interstate or foreign commerce, and	50915
repairs, alterations, fuel, and lubricants for such ships or	50916
vessels or rail rolling stock;	50917

(15) Sales to persons engaged in any of the activities	50918
mentioned in division (E)(2) or (9) of section 5739.01 of the	50919
Revised Code, to persons engaged in making retail sales, or to	50920
persons who purchase for sale from a manufacturer tangible	50921
personal property that was produced by the manufacturer in	50922
accordance with specific designs provided by the purchaser, of	50923
packages, including material, labels, and parts for packages, and	50924
of machinery, equipment, and material for use primarily in	50925
packaging tangible personal property produced for sale, including	50926
any machinery, equipment, and supplies used to make labels or	50927
packages, to prepare packages or products for labeling, or to	50928
label packages or products, by or on the order of the person doing	50929
the packaging, or sold at retail. "Packages" includes bags,	50930
baskets, cartons, crates, boxes, cans, bottles, bindings,	50931
wrappings, and other similar devices and containers, and	50932
"packaging" means placing therein.	50933

(16) Sales of food to persons using food stamp coupons	50934
benefits to purchase the food. As used in division (B)(16) of	50935
this section, "food" has the same meaning as in the "Food Stamp	50936
Act of 1977," 91 Stat. 958, 7 U.S.C. 2012, as amended, and federal	50937
regulations adopted pursuant to that act.	50938

(17) Sales to persons engaged in farming, agriculture,	50939
horticulture, or floriculture, of tangible personal property for	50940
use or consumption directly in the production by farming,	50941
agriculture, horticulture, or floriculture of other tangible	50942
personal property for use or consumption directly in the	50943
production of tangible personal property for sale by farming,	50944
agriculture, horticulture, or floriculture; or material and parts	50945
for incorporation into any such tangible personal property for use	50946
or consumption in production; and of tangible personal property	50947
for such use or consumption in the conditioning or holding of	50948
products produced by and for such use, consumption, or sale by	50949
persons engaged in farming, agriculture, horticulture, or	50950
floriculture, except where such property is incorporated into real	50951
property;	50952

(18) Sales of drugs dispensed by a licensed pharmacist upon	50953
the order of a licensed health professional authorized to	50954
prescribe drugs to a human being, as the term "licensed health	50955
professional authorized to prescribe drugs" is defined in section	50956
4729.01 of the Revised Code; insulin as recognized in the official	50957
United States pharmacopoeia; urine and blood testing materials	50958
when used by diabetics or persons with hypoglycemia to test for	50959
glucose or acetone; hypodermic syringes and needles when used by	50960
diabetics for insulin injections; epoetin alfa when purchased for	50961
use in the treatment of persons with end-stage renal disease;	50962
hospital beds when purchased for use by persons with medical	50963
problems for medical purposes; and oxygen and oxygen-dispensing	50964
equipment when purchased for use by persons with medical problems	50965
for medical purposes;	50966

(19) Sales of artificial limbs or portion thereof, breast	50967
prostheses, and other prosthetic devices for humans; braces or	50968
other devices for supporting weakened or nonfunctioning parts of	50969
the human body; wheelchairs; devices used to lift wheelchairs into	50970
motor vehicles and parts and accessories to such devices; crutches	50971
or other devices to aid human perambulation; and items of tangible	50972
personal property used to supplement impaired functions of the	50973
human body such as respiration, hearing, or elimination. No	50974
exemption under this division shall be allowed for nonprescription	50975
drugs, medicines, or remedies; items or devices used to supplement	50976
vision; items or devices whose function is solely or primarily	50977
cosmetic; or physical fitness equipment. This division does not	50978
apply to sales to a physician or medical facility for use in the	50979
treatment of a patient.	50980

(20) Sales of emergency and fire protection vehicles and	50981
equipment to nonprofit organizations for use solely in providing	50982
fire protection and emergency services, including trauma care and	50983
emergency medical services, for political subdivisions of the	50984
state;	50985

(21) Sales of tangible personal property manufactured in	50986
this state, if sold by the manufacturer in this state to a	50987
retailer for use in the retail business of the retailer outside of	50988
this state and if possession is taken from the manufacturer by the	50989
purchaser within this state for the sole purpose of immediately	50990
removing the same from this state in a vehicle owned by the	50991
purchaser;	50992

(22) Sales of services provided by the state or any of its	50993
political subdivisions, agencies, instrumentalities, institutions,	50994
or authorities, or by governmental entities of the state or any of	50995
its political subdivisions, agencies, instrumentalities,	50996
institutions, or authorities;	50997

(23) Sales of motor vehicles to nonresidents of this state	50998
upon the presentation of an affidavit executed in this state by	50999
the nonresident purchaser affirming that the purchaser is a	51000
nonresident of this state, that possession of the motor vehicle is	51001
taken in this state for the sole purpose of immediately removing	51002
it from this state, that the motor vehicle will be permanently	51003
titled and registered in another state, and that the motor vehicle	51004
will not be used in this state;	51005

(24) Sales to persons engaged in the preparation of eggs for	51006
sale of tangible personal property used or consumed directly in	51007
such preparation, including such tangible personal property used	51008
for cleaning, sanitizing, preserving, grading, sorting, and	51009
classifying by size; packages, including material and parts for	51010
packages, and machinery, equipment, and material for use in	51011
packaging eggs for sale; and handling and transportation equipment	51012
and parts therefor, except motor vehicles licensed to operate on	51013
public highways, used in intraplant or interplant transfers or	51014
shipment of eggs in the process of preparation for sale, when the	51015
plant or plants within or between which such transfers or	51016
shipments occur are operated by the same person. "Packages"	51017
includes containers, cases, baskets, flats, fillers, filler flats,	51018
cartons, closure materials, labels, and labeling materials, and	51019
"packaging" means placing therein.	51020

(25)(a) Sales of water to a consumer for residential use,	51021
except the sale of bottled water, distilled water, mineral water,	51022
carbonated water, or ice;	51023

(b) Sales of water by a nonprofit corporation engaged	51024
exclusively in the treatment, distribution, and sale of water to	51025
consumers, if such water is delivered to consumers through pipes	51026
or tubing.	51027

(26) Fees charged for inspection or reinspection of motor	51028
vehicles under section 3704.14 of the Revised Code;	51029

(27) Sales to persons licensed to conduct a food service	51030
operation pursuant to section 3717.43 of the Revised Code, of	51031
tangible personal property primarily used directly for the	51032
following:	51033

(a) To prepare food for human consumption for sale;

51034

(b) To preserve food that has been or will be prepared for	51035
human consumption for sale by the food service operator, not	51036
including tangible personal property used to display food for	51037
selection by the consumer;	51038

(c) To clean tangible personal property used to prepare or	51039
serve food for human consumption for sale.	51040

(28) Sales of animals by nonprofit animal adoption services	51041
or county humane societies;	51042

(29) Sales of services to a corporation described in	51043
division (A) of section 5709.72 of the Revised Code, and sales of	51044
tangible personal property that qualifies for exemption from	51045
taxation under section 5709.72 of the Revised Code;	51046

(30) Sales and installation of agricultural land tile, as	51047
defined in division (B)(5)(a) of section 5739.01 of the Revised	51048
Code;	51049

(31) Sales and erection or installation of portable grain	51050
bins, as defined in division (B)(5)(b) of section 5739.01 of the	51051
Revised Code;	51052

(32) The sale, lease, repair, and maintenance of, parts for,	51053
or items attached to or incorporated in, motor vehicles that are	51054
primarily used for transporting tangible personal property by a	51055
person engaged in highway transportation for hire;	51056

(33) Sales to the state headquarters of any veterans'	51057
organization in Ohio that is either incorporated and issued a	51058
charter by the congress of the United States or is recognized by	51059
the United States veterans administration, for use by the	51060
headquarters;	51061

(34) Sales to a telecommunications service vendor of	51062
tangible personal property and services used directly and	51063
primarily in transmitting, receiving, switching, or recording any	51064
interactive, two-way electromagnetic communications, including	51065
voice, image, data, and information, through the use of any	51066
medium, including, but not limited to, poles, wires, cables,	51067
switching equipment, computers, and record storage devices and	51068
media, and component parts for the tangible personal property.	51069
The exemption provided in division (B)(34) of this section shall	51070
be in lieu of all other exceptions under division (E)(2) of	51071
section 5739.01 of the Revised Code to which a telecommunications	51072
service vendor may otherwise be entitled based upon the use of the	51073
thing purchased in providing the telecommunications service.	51074

(35) Sales of investment metal bullion and investment coins.	51075
"Investment metal bullion" means any elementary precious metal	51076
that has been put through a process of smelting or refining,	51077
including, but not limited to, gold, silver, platinum, and	51078
palladium, and which is in such state or condition that its value	51079
depends upon its content and not upon its form. "Investment metal	51080
bullion" does not include fabricated precious metal that has been	51081
processed or manufactured for one or more specific and customary	51082
industrial, professional, or artistic uses. "Investment coins"	51083
means numismatic coins or other forms of money and legal tender	51084
manufactured of gold, silver, platinum, palladium, or other metal	51085
under the laws of the United States or any foreign nation with a	51086
fair market value greater than any statutory or nominal value of	51087
such coins.	51088

(36)(a) Sales where the purpose of the consumer is to use or	51089
consume the things transferred in making retail sales and	51090
consisting of newspaper inserts, catalogues, coupons, flyers, gift	51091
certificates, or other advertising material that prices and	51092
describes tangible personal property offered for retail sale.	51093

(b) Sales to direct marketing vendors of preliminary	51094
materials such as photographs, artwork, and typesetting that will	51095
be used in printing advertising material; of printed matter that	51096
offers free merchandise or chances to win sweepstake prizes and	51097
that is mailed to potential customers with advertising material	51098
described in division (B)(36)(a) of this section; and of equipment	51099
such as telephones, computers, facsimile machines, and similar	51100
tangible personal property primarily used to accept orders for	51101
direct marketing retail sales.	51102

(c) Sales of automatic food vending machines that preserve	51103
food with a shelf life of forty-five days or less by refrigeration	51104
and dispense it to the consumer.	51105

For purposes of division (B)(36) of this section, "direct	51106
marketing" means the method of selling where consumers order	51107
tangible personal property by United States mail, delivery	51108
service, or telecommunication and the vendor delivers or ships the	51109
tangible personal property sold to the consumer from a warehouse,	51110
catalogue distribution center, or similar fulfillment facility by	51111
means of the United States mail, delivery service, or common	51112
carrier.	51113

(37) Sales to a person engaged in the business of	51114
horticulture or producing livestock of materials to be	51115
incorporated into a horticulture structure or livestock structure;	51116

(38) The sale of a motor vehicle that is used exclusively	51117
for a vanpool ridesharing arrangement to persons participating in	51118
the vanpool ridesharing arrangement when the vendor is selling the	51119
vehicle pursuant to a contract between the vendor and the	51120
department of transportation;	51121

(39) Sales of personal computers, computer monitors,	51122
computer keyboards, modems, and other peripheral computer	51123
equipment to an individual who is licensed or certified to teach	51124
in an elementary or a secondary school in this state for use by	51125
that individual in preparation for teaching elementary or	51126
secondary school students;	51127

(40) Sales to a professional racing team of any of the	51128
following:	51129

(a) Motor racing vehicles;

51130

(b) Repair services for motor racing vehicles;

51131

(c) Items of property that are attached to or incorporated	51132
in motor racing vehicles, including engines, chassis, and all	51133
other components of the vehicles, and all spare, replacement, and	51134
rebuilt parts or components of the vehicles; except not including	51135
tires, consumable fluids, paint, and accessories consisting of	51136
instrumentation sensors and related items added to the vehicle to	51137
collect and transmit data by means of telemetry and other forms of	51138
communication.	51139

(41) Sales of used manufactured homes and used mobile homes,	51140
as defined in section 5739.0210 of the Revised Code, made on or	51141
after January 1, 2000;	51142

(42) Sales of tangible personal property and services to a	51143
provider of electricity used or consumed directly and primarily in	51144
generating, transmitting, or distributing electricity for use by	51145
others, including property that is or is to be incorporated into	51146
and will become a part of the consumer's production, transmission,	51147
or distribution system and that retains its classification as	51148
tangible personal property after incorporation; fuel or power used	51149
in the production, transmission, or distribution of electricity;	51150
and tangible personal property and services used in the repair and	51151
maintenance of the production, transmission, or distribution	51152
system, including only those motor vehicles as are specially	51153
designed and equipped for such use. The exemption provided in	51154
this division shall be in lieu of all other exceptions in division	51155
(E)(2) of section 5739.01 of the Revised Code to which a provider	51156
of electricity may otherwise be entitled based on the use of the	51157
tangible personal property or service purchased in generating,	51158
transmitting, or distributing electricity.	51159

For the purpose of the proper administration of this chapter,	51160
and to prevent the evasion of the tax, it is presumed that all	51161
sales made in this state are subject to the tax until the contrary	51162
is established.	51163

As used in this section, except in division (B)(16) of this	51164
section, "food" includes cereals and cereal products, milk and	51165
milk products including ice cream, meat and meat products, fish	51166
and fish products, eggs and egg products, vegetables and vegetable	51167
products, fruits, fruit products, and pure fruit juices,	51168
condiments, sugar and sugar products, coffee and coffee	51169
substitutes, tea, and cocoa and cocoa products. It does not	51170
include: spirituous or malt liquors; soft drinks; sodas and	51171
beverages that are ordinarily dispensed at bars and soda fountains	51172
or in connection therewith, other than coffee, tea, and cocoa;	51173
root beer and root beer extracts; malt and malt extracts; mineral	51174
oils, cod liver oils, and halibut liver oil; medicines, including	51175
tonics, vitamin preparations, and other products sold primarily	51176
for their medicinal properties; and water, including mineral,	51177
bottled, and carbonated waters, and ice.	51178

(C) The levy of an excise tax on transactions by which	51179
lodging by a hotel is or is to be furnished to transient guests	51180
pursuant to this section and division (B) of section 5739.01 of	51181
the Revised Code does not prevent any of the following:	51182

(1) A municipal corporation or township from levying an	51183
excise tax for any lawful purpose not to exceed three per cent on	51184
transactions by which lodging by a hotel is or is to be furnished	51185
to transient guests in addition to the tax levied by this section.	51186
If a municipal corporation or township repeals a tax imposed under	51187
division (C)(1) of this section and a county in which the	51188
municipal corporation or township has territory has a tax imposed	51189
under division (C) of section 5739.024 of the Revised Code in	51190
effect, the municipal corporation or township may not reimpose its	51191
tax as long as that county tax remains in effect. A municipal	51192
corporation or township in which a tax is levied under division	51193
(B)(2) of section 351.021 of the Revised Code may not increase the	51194
rate of its tax levied under division (C)(1) of this section to	51195
any rate that would cause the total taxes levied under both of	51196
those divisions to exceed three per cent on any lodging	51197
transaction within the municipal corporation or township.	51198

(2) A municipal corporation or a township from levying an	51199
additional excise tax not to exceed three per cent on such	51200
transactions pursuant to division (B) of section 5739.024 of the	51201
Revised Code. Such tax is in addition to any tax imposed under	51202
division (C)(1) of this section.	51203

(3) A county from levying an excise tax pursuant to division	51204
(A) of section 5739.024 of the Revised Code.	51205

(4) A county from levying an excise tax not to exceed three	51206
per cent of such transactions pursuant to division (C) of section	51207
5739.024 of the Revised Code. Such a tax is in addition to any	51208
tax imposed under division (C)(3) of this section.	51209

(5) A convention facilities authority, as defined in	51210
division (A) of section 351.01 of the Revised Code, from levying	51211
the excise taxes provided for in division (B) of section 351.021	51212
of the Revised Code.	51213

(6) A county from levying an excise tax not to exceed one	51214
and one-half per cent of such transactions pursuant to division	51215
(D) of section 5739.024 of the Revised Code. Such tax is in	51216
addition to any tax imposed under division (C)(3) or (4) of this	51217
section.	51218

(7) A county from levying an excise tax not to exceed one	51219
and one-half per cent of such transactions pursuant to division	51220
(E) of section 5739.024 of the Revised Code. Such a tax is in	51221
addition to any tax imposed under division (C)(3), (4), or (6) of	51222
this section.	51223

(D) The levy of this tax on retail sales of recreation and	51224
sports club service shall not prevent a municipal corporation from	51225
levying any tax on recreation and sports club dues or on any	51226
income generated by recreation and sports club dues.	51227

Sec. 5739.024.  (A)(1) A board of county commissioners may,	51228
by resolution adopted by a majority of the members of the board,	51229
levy an excise tax not to exceed three per cent on transactions by	51230
which lodging by a hotel is or is to be furnished to transient	51231
guests. The board shall establish all regulations necessary to	51232
provide for the administration and allocation of the tax. The	51233
regulations may prescribe the time for payment of the tax, and may	51234
provide for the imposition of a penalty or interest, or both, for	51235
late payments, provided that the penalty does not exceed ten per	51236
cent of the amount of tax due, and the rate at which interest	51237
accrues does not exceed the rate per annum prescribed pursuant to	51238
section 5703.47 of the Revised Code. Except as otherwise provided	51239
in divisions (A)(2) and (3) of this section, the regulations shall	51240
provide, after deducting the real and actual costs of	51241
administering the tax, for the return to each municipal	51242
corporation or township that does not levy an excise tax on such	51243
transactions, a uniform percentage of the tax collected in the	51244
municipal corporation or in the unincorporated portion of the	51245
township from each such transaction, not to exceed thirty-three	51246
and one-third per cent. The remainder of the revenue arising from	51247
the tax shall be deposited in a separate fund and shall be spent	51248
solely to make contributions to the convention and visitors'	51249
bureau operating within the county, including a pledge and	51250
contribution of any portion of such remainder pursuant to an	51251
agreement authorized by section 307.695 of the Revised Code.	51252
Except as otherwise provided underin division (A)(2) or (3) of	51253
this section, on and after May 10, 1994, a board of county	51254
commissioners may not levy an excise tax pursuant to this division	51255
in any municipal corporation or township located wholly or partly	51256
within the county that has in effect an ordinance or resolution	51257
levying an excise tax pursuant to division (B) of this section.	51258
The board of a county that has levied a tax under division (C) of	51259
this section may, by resolution adopted within ninety days after	51260
July 15, 1985, by a majority of the members of the board, amend	51261
the resolution levying a tax under this division to provide for a	51262
portion of that tax to be pledged and contributed in accordance	51263
with an agreement entered into under section 307.695 of the	51264
Revised Code. A tax, any revenue from which is pledged pursuant	51265
to such an agreement, shall remain in effect at the rate at which	51266
it is imposed for the duration of the period for which the revenue	51267
therefrom has been so pledged.	51268

(2) A board of county commissioners that levies an excise	51269
tax under division (A)(1) of this section on June 30, 1997, at a	51270
rate of three per cent, and that has pledged revenue from the tax	51271
to an agreement entered into under section 307.695 of the Revised	51272
Code, may amend the resolution levying that tax to provide for an	51273
increase in the rate of the tax up to five per cent on each	51274
transaction; to provide that revenue from the increase in the rate	51275
shall be spent solely to make contributions to the convention and	51276
visitors' bureau operating within the county to be used	51277
specifically for promotion, advertising, and marketing of the	51278
region in which the county is located; to provide that the rate in	51279
excess of the three per cent levied under division (A)(1) of this	51280
section shall remain in effect at the rate at which it is imposed	51281
for the duration of the period during which any agreement is in	51282
effect that was entered into under section 307.695 of the Revised	51283
Code by the board of county commissioners levying a tax under	51284
division (A)(1) of this section; and to provide that no portion of	51285
that revenue need be returned to townships or municipal	51286
corporations as would otherwise be required under division (A)(1)	51287
of this section.	51288

(3) A board of county commissioners that levies a tax under	51289
division (A)(1) of this section on March 18, 1999, at a rate of	51290
three per cent may, by resolution adopted not later than	51291
forty-five days after March 18, 1999, amend the resolution	51292
levying the tax to provide for all of the following:	51293

(a) That the rate of the tax shall be increased by not more	51294
than an additional four per cent on each transaction;	51295

(b) That all of the revenue from the increase in rate shall	51296
be pledged and contributed to a convention facilities authority	51297
established by the board of county commissioners under Chapter	51298
351. of the Revised Code on or before November 15, 1998, and used	51299
to pay costs of constructing, maintaining, operating, and	51300
promoting a facility in the county, including paying bonds, or	51301
notes issued in anticipation of bonds, as provided by that	51302
chapter;	51303

(c) That no portion of the revenue arising from the increase	51304
in rate need be returned to municipal corporations or townships as	51305
otherwise required under division (A)(1) of this section;	51306

(d) That the increase in rate shall not be subject to	51307
diminution by initiative or referendum or by law while any bonds,	51308
or notes in anticipation of bonds, issued by the authority under	51309
Chapter 351. of the Revised Code to which the revenue is pledged	51310
remain outstanding in accordance with their terms, unless	51311
provision is made by law or by the board of county commissioners	51312
for an adequate substitute therefor that is satisfactory to the	51313
trustee if a trust agreement secures the bonds.	51314

Division (A)(3) of this section does not apply to the board	51315
of county commissioners of any county in which a convention center	51316
or facility exists or is being constructed on November 15, 1998,	51317
or of any county in which a convention facilities authority levies	51318
a tax pursuant to section 351.021 of the Revised Code on that	51319
date.	51320

As used in division (A)(3) of this section, "costs" and	51321
"facility" have the same meanings as in section 351.01 of the	51322
Revised Code, and "convention center" has the same meaning as in	51323
section 307.695 of the Revised Code.	51324

(B) The legislative authority of a municipal corporation or	51325
the board of trustees of a township that is not wholly or partly	51326
located in a county that has in effect a resolution levying an	51327
excise tax pursuant to division (A)(1) of this section may by	51328
ordinance or resolution levy an excise tax not to exceed three per	51329
cent on transactions by which lodging by a hotel is or is to be	51330
furnished to transient guests. The legislative authority of the	51331
municipal corporation or township shall deposit at least fifty per	51332
cent of the revenue from the tax levied pursuant to this division	51333
into a separate fund, which shall be spent solely to make	51334
contributions to convention and visitors' bureaus operating within	51335
the county in which the municipal corporation or township is	51336
wholly or partly located, and the balance of such revenue shall be	51337
deposited in the general fund. The municipal corporation or	51338
township shall establish all regulations necessary to provide for	51339
the administration and allocation of the tax. The regulations may	51340
prescribe the time for payment of the tax, and may provide for the	51341
imposition of a penalty or interest, or both, for late payments,	51342
provided that the penalty does not exceed ten per cent of the	51343
amount of tax due, and the rate at which interest accrues does not	51344
exceed the rate per annum prescribed pursuant to section 5703.47	51345
of the Revised Code. The levy of a tax under this division is in	51346
addition to any tax imposed on the same transaction by a municipal	51347
corporation or a township as authorized by division (C)(1) of	51348
section 5739.02 of the Revised Code.	51349

(C) For the purpose of making the payments authorized by	51350
section 307.695 of the Revised Code to construct and equip a	51351
convention center in the county and to cover the costs of	51352
administering the tax, a board of county commissioners of a county	51353
where a tax imposed under division (A)(1) of this section is in	51354
effect may, by resolution adopted within ninety days after July	51355
15, 1985, by a majority of the members of the board, levy an	51356
additional excise tax not to exceed three per cent on transactions	51357
by which lodging by a hotel is or is to be furnished to transient	51358
guests. The tax authorized by this division shall be in addition	51359
to any tax that is levied pursuant to division (A) of this	51360
section, but it shall not apply to transactions subject to a tax	51361
levied by a municipal corporation or township pursuant to the	51362
authorization granted by division (C)(1) of section 5739.02 of the	51363
Revised Code. The board shall establish all regulations necessary	51364
to provide for the administration and allocation of the tax. The	51365
regulations may prescribe the time for payment of the tax, and may	51366
provide for the imposition of a penalty or interest, or both, for	51367
late payments, provided that the penalty does not exceed ten per	51368
cent of the amount of tax due, and the rate at which interest	51369
accrues does not exceed the rate per annum prescribed pursuant to	51370
section 5703.47 of the Revised Code. All revenues arising from	51371
the tax shall be expended in accordance with section 307.695 of	51372
the Revised Code. A tax imposed under this section shall remain	51373
in effect at the rate at which it is imposed for the duration of	51374
the period for which the revenue therefrom has been pledged	51375
pursuant to such section.	51376

(D) For the purpose of providing contributions under	51377
division (B)(1) of section 307.671 of the Revised Code to enable	51378
the acquisition, construction, and equipping of a port authority	51379
educational and cultural facility in the county and, to the extent	51380
provided for in the cooperative agreement authorized by that	51381
section, for the purpose of paying debt service charges on bonds,	51382
or notes in anticipation thereof, described in division (B)(1)(b)	51383
of that section, a board of county commissioners, by resolution	51384
adopted within ninety days after December 22, 1992, by a majority	51385
of the members of the board, may levy an additional excise tax not	51386
to exceed one and one-half per cent on transactions by which	51387
lodging by a hotel is or is to be furnished to transient guests.	51388
The excise tax authorized by this division shall be in addition to	51389
any tax that is levied pursuant to divisions (A), (B), and (C) of	51390
this section, to any excise tax levied pursuant to division (C) of	51391
section 5739.02 of the Revised Code, and to any excise tax levied	51392
pursuant to section 351.021 of the Revised Code. The board of	51393
county commissioners shall establish all regulations necessary to	51394
provide for the administration and allocation of the tax that are	51395
not inconsistent with this section or section 307.671 of the	51396
Revised Code. The regulations may prescribe the time for payment	51397
of the tax, and may provide for the imposition of a penalty or	51398
interest, or both, for late payments, provided that the penalty	51399
does not exceed ten per cent of the amount of tax due, and the	51400
rate at which interest accrues does not exceed the rate per annum	51401
prescribed pursuant to section 5703.47 of the Revised Code. All	51402
revenues arising from the tax shall be expended in accordance with	51403
section 307.671 of the Revised Code and division (D) of this	51404
section. The levy of a tax imposed under this section may not	51405
commence prior to the first day of the month next following the	51406
execution of the cooperative agreement authorized by section	51407
307.671 of the Revised Code by all parties to that agreement. Such	51408
tax shall remain in effect at the rate at which it is imposed for	51409
the period of time described in division (C) of section 307.671 of	51410
the Revised Code for which the revenue from the tax has been	51411
pledged by the county to the corporation pursuant to such section,	51412
but, to any extent provided for in the cooperative agreement, for	51413
no lesser period than the period of time required for payment of	51414
the debt service charges on bonds, or notes in anticipation	51415
thereof, described in division (B)(1)(b) of that section.	51416

(E) For the purpose of paying the costs of acquiring,	51417
constructing, equipping, and improving a municipal educational and	51418
cultural facility, including debt service charges on bonds	51419
provided for in division (B) of section 307.672 of the Revised	51420
Code, and for such additional purposes as are determined by the	51421
county in the resolution levying the tax or amendments thereto,	51422
including subsequent amendments providing for paying costs of	51423
acquiring, constructing, renovating, rehabilitating, equipping,	51424
and improving a port authority educational and cultural performing	51425
arts facility, as defined in section 307.674 of the Revised Code,	51426
including debt service charges on bonds provided for in division	51427
(B) of section 307.674 of the Revised Code, the legislative	51428
authority of a county, by resolution adopted within ninety days	51429
after June 30, 1993, by a majority of the members of the	51430
legislative authority, may levy an additional excise tax not to	51431
exceed one and one-half per cent on transactions by which lodging	51432
by a hotel is or is to be furnished to transient guests. The	51433
excise tax authorized by this division shall be in addition to any	51434
tax that is levied pursuant to divisions (A), (B), (C), and (D) of	51435
this section, to any excise tax levied pursuant to division (C) of	51436
section 5739.02 of the Revised Code, and to any excise tax levied	51437
pursuant to section 351.021 of the Revised Code. The legislative	51438
authority of the county shall establish all regulations necessary	51439
to provide for the administration and allocation of the tax. The	51440
regulations may prescribe the time for payment of the tax, and may	51441
provide for the imposition of a penalty or interest, or both, for	51442
late payments, provided that the penalty does not exceed ten per	51443
cent of the amount of tax due, and the rate at which interest	51444
accrues does not exceed the rate per annum prescribed pursuant to	51445
section 5703.47 of the Revised Code. All revenues arising from the	51446
tax shall be expended in accordance with section 307.672 of the	51447
Revised Code and division (E) of this section. The levy of a tax	51448
imposed under this division shall not commence prior to the first	51449
day of the month next following the execution of the cooperative	51450
agreement authorized by section 307.672 of the Revised Code by all	51451
parties to that agreement. Such tax shall remain in effect at the	51452
rate at which it is imposed for the period of time determined by	51453
the legislative authority of the county, but not to exceed fifteen	51454
years.	51455

(F) The legislative authority of a county that has levied a	51456
tax under division (E) of this section may, by resolution adopted	51457
within one hundred eighty days after the effective date of this	51458
amendmentJanuary 4, 2001, by a majority of the members of the	51459
legislative authority, amend the resolution levying a tax under	51460
division (E) of this section to provide for the use of the	51461
proceeds of that tax, to the extent that it is no longer needed	51462
for its original purpose as determined by the parties to a	51463
cooperative agreement amendment pursuant to division (D) of	51464
section 307.672 of the Revised Code, to pay costs of acquiring,	51465
constructing, renovating, rehabilitating, equipping, and improving	51466
a port authority educational and cultural performing arts	51467
facility, including debt service charges on bonds provided for in	51468
division (B) of section 307.674 of the Revised Code, and to pay	51469
all obligations under any guaranty agreements, reimbursement	51470
agreements, or other credit enhancement agreements described in	51471
division (C) of section 307.674 of the Revised Code. The	51472
resolution may also provide for the extension of the tax at the	51473
same rate for the longer of the period of time determined by the	51474
legislative authority of the county, but not to exceed an	51475
additional twenty-five years, or the period of time required to	51476
pay all debt service charges on bonds provided for in division (B)	51477
of section 307.672 of the Revised Code and on port authority	51478
revenue bonds provided for in division (B) of section 307.674 of	51479
the Revised Code. All revenues arising from the amendment and	51480
extension of the tax shall be expended in accordance with section	51481
307.674 of the Revised Code and divisions (E) and (F) of this	51482
section.	51483

(G) For purposes of a tax levied by a county, township, or	51484
municipal corporation under this section or division (C) of	51485
section 5739.02 of the Revised Code, a board of county	51486
commissioners, board of township trustees, or the legislative	51487
authority of a municipal corporation may adopt a resolution or	51488
ordinance at any time specifying that "hotel," as otherwise	51489
defined in section 5739.01 of the Revised Code, includes	51490
establishments in which fewer than five rooms are used for the	51491
accommodation of guests. The resolution or ordinance may apply to	51492
a tax imposed pursuant to this section prior to the adoption of	51493
the resolution or ordinance if the resolution or ordinance so	51494
states, but the tax shall not apply to transactions by which	51495
lodging by such an establishment is provided to transient guests	51496
prior to the adoption of the resolution or ordinance.	51497

Sec. 5739.032.  (A) If the total amount of tax required to	51498
be paid by a permit holder under section 5739.031 of the Revised	51499
Code for any calendar year indicated in the following schedule	51500
equals or exceeds the amounts prescribed for that year in the	51501
schedule, the permit holder shall remit each monthly tax payment	51502
in the second ensuing and each succeeding year by electronic funds	51503
transfer as prescribed by division (B) of this section.	51504

If a permit holder's tax payment for each of two consecutive	51507
years beginning with 2000 is less than sixty thousand dollars, the	51508
permit holder is relieved of the requirement to remit taxes by	51509
electronic funds transfer for the year that next follows the	51510
second of the consecutive years in which the tax payment is less	51511
than sixty thousand dollars, and is relieved of that requirement	51512
for each succeeding year unless the tax payment in a subsequent	51513
year equals or exceeds sixty thousand dollars.	51514

The tax commissioner shall notify each permit holder required	51515
to remit taxes by electronic funds transfer of the permit holder's	51516
obligation to do so, shall maintain an updated list of those	51517
permit holders, and shall timely certify the list and any	51518
additions thereto or deletions therefrom to the treasurer of	51519
state. Failure by the tax commissioner to notify a permit holder	51520
subject to this section to remit taxes by electronic funds	51521
transfer does not relieve the permit holder of its obligation to	51522
remit taxes by electronic funds transfer.	51523

(B) Permit holders required by division (A) of this section	51524
to remit payments by electronic funds transfer shall remit such	51525
payments to the treasurer of state in the manner prescribed by	51526
rules adopted by the treasurer under section 113.061 of the	51527
Revised Code and on or before the dates specified under section	51528
5739.031 of the Revised Code. The payment of taxes by electronic	51529
funds transfer does not affect a permit holder's obligation to	51530
file the monthly return as required under section 5739.031 of the	51531
Revised Code.	51532

A permit holder required by this section to remit taxes by	51533
electronic funds transfer may apply to the treasurer of state in	51534
the manner prescribed by the treasurer to be excused from that	51535
requirement. The treasurer of state may excuse the permit holder	51536
from remittance by electronic funds transfer for good cause shown	51537
for the period of time requested by the permit holder or for a	51538
portion of that period. The treasurer shall notify the tax	51539
commissioner and the permit holder of the treasurer's decision as	51540
soon as is practicable.	51541

(C) If a permit holder required by this section to remit	51542
taxes by electronic funds transfer remits those taxes by some	51543
means other than by electronic funds transfer as prescribed by	51544
this section and the rules adopted by the treasurer of state, and	51545
the treasurertax commissioner determines that such failure was	51546
not due to reasonable cause or was due to willful neglect, the	51547
treasurer shall notify the tax commissioner of the failure to	51548
remit by electronic funds transfer and shall provide the	51549
commissioner with any information used in making that	51550
determination. The tax commissioner may collect an additional	51551
charge by assessment in the manner prescribed by section 5739.13	51552
of the Revised Code. The additional charge shall equal five per	51553
cent of the amount of the taxes required to be paid by electronic	51554
funds transfer, but shall not exceed five thousand dollars. Any	51555
additional charge assessed under this section is in addition to	51556
any other penalty or charge imposed under this chapter, and shall	51557
be considered as revenue arising from taxes imposed under this	51558
chapter. The tax commissioner may remit all or a portion of such	51559
a charge and may adopt rules governing such remission.	51560

No additional charge shall be assessed under this division	51561
against a permit holder that has been notified of its obligation	51562
to remit taxes under this section and that remits its first two	51563
tax payments after such notification by some means other than	51564
electronic funds transfer. The additional charge may be assessed	51565
upon the remittance of any subsequent tax payment that the permit	51566
holder remits by some means other than electronic funds transfer.	51567

Sec. 5739.07.  (A) The tax commissioner shall refund to	51568
vendors the amount of taxes paid illegally or erroneously or paid	51569
on any illegal or erroneous assessment if the vendor has not been	51570
reimbursed from the consumer. When the illegal or erroneous	51571
payment or assessment was not paid to a vendor but was paid by the	51572
consumer directly to the treasurer of state or, an agent of the	51573
treasurer of state, the tax commissioner, or an agent of the tax	51574
commissioner, the tax commissioner shall refund to the consumer.	51575
When a refund is granted for payment of an illegal or erroneous	51576
assessment issued by the department, the refund shall include	51577
interest as provided by section 5739.132 of the Revised Code.	51578

(B) The tax commissioner may make a refund to the consumer	51579
of taxes paid illegally or erroneously if the tax has not been	51580
refunded to the vendor and any of the following circumstances	51581
apply:	51582

(1) The consumer is unable to receive a refund from the	51583
vendor because the vendor has ceased business;	51584

(2) The vendor is unable to issue a refund because of	51585
bankruptcy or similar financial condition;	51586

(3) The consumer receives a refund of the full price paid to	51587
the vendor from a manufacturer or other person, other than the	51588
vendor, as a settlement for a complaint by the consumer about the	51589
property or service purchased.	51590

(C) Applications for refund shall be filed with the tax	51591
commissioner, on the form prescribed by the tax commissioner,	51592
within four years from the date of the illegal or erroneous	51593
payment of the tax, unless the vendor or consumer waives the time	51594
limitation under division (A)(3) of section 5739.16 of the Revised	51595
Code. If the time limitation is waived, the four-year refund	51596
limitation shall be extended for the same period of time as the	51597
waiver. On the filing of an application for refund, the	51598
commissioner shall determine the amount of refund due and certify	51599
that amount to the director of budget and management and treasurer	51600
of state for payment from the tax refund fund created by section	51601
5703.052 of the Revised Code.	51602

Sec. 5739.102.  A person who is liable for a tax levied under	51603
section 5739.101 of the Revised Code shall file a return with the	51604
treasurer of statetax commissioner showing histhe person's	51605
taxable gross receipts from sales described under division (B)(1)	51606
or (2) of that section. The tax commissioner shall prescribe the	51607
form of the return, and the six- or twelve-month reporting period.	51608
The person shall file the return on or before the last day of the	51609
month following the end of the reporting period prescribed by the	51610
commissioner, and shall include with the return payment of the tax	51611
for the period. The remittance shall be made payable to the	51612
treasurer of state.	51613

Upon receipt of a return, the treasurer of statetax	51614
commissioner shall credit any money included with it to the resort	51615
area excise tax fund, which is hereby created, and shall forward	51616
the return to the tax commissioner. The treasurer of state shall	51617
stamp or otherwise mark on the return the date it was received,	51618
and shall indicate on the return the amount of payment received	51619
with it. Within forty-five days after the end of each month, the	51620
commissioner shall provide for the distribution of all money paid	51621
during that month into the resort area excise tax fund to the	51622
appropriate municipal corporations and townships, after first	51623
subtracting and crediting to the general revenue fund one per cent	51624
to cover the costs of administering the excise tax.	51625

If a person liable for the tax fails to file a return or pay	51626
the tax as required under this section and the rules of the tax	51627
commissioner, hethe person shall pay an additional charge of the	51628
greater of fifty dollars or ten per cent of the tax due for the	51629
return period. The additional charge shall be considered revenue	51630
arising from the tax levied under section 5739.101 of the Revised	51631
Code, and may be collected by assessment in the manner provided in	51632
section 5739.13 of the Revised Code. The tax commissioner may	51633
remit all or a portion of the charge.	51634

Sec. 5739.12.  Each person who has or is required to have a	51635
vendor's license, on or before the twenty-third day of each month,	51636
shall make and file a return for the preceding month, on forms	51637
prescribed by the tax commissioner, and shall pay the tax shown on	51638
the return to be due. The return shall show the amount of tax due	51639
from the vendor to the state for the period covered by the return	51640
and such other information as the commissioner deems necessary for	51641
the proper administration of this chapter. The commissioner may	51642
extend the time for making and filing returns and paying the tax,	51643
and may require that the return for the last month of any annual	51644
or semiannual period, as determined by the commissioner, be a	51645
reconciliation return detailing the vendor's sales activity for	51646
the preceding annual or semiannual period. The reconciliation	51647
return shall be filed by the last day of the month following the	51648
last month of the annual or semiannual period. The commissioner	51649
may remit all or any part of amounts or penalties which may become	51650
due under this chapter and may adopt rules relating thereto. Such	51651
return shall be filed by mailing the sameit to the treasurer of	51652
statetax commissioner, together with payment of the amount of tax	51653
shown to be due thereon after deduction of any discount provided	51654
for under this section. Remittance shall be made payable to the	51655
treasurer of state. The return shall be considered filed when	51656
received by the treasurer of statetax commissioner, and the	51657
payment shall be considered made when received by the treasurer of	51658
statetax commissioner or when credited to an account designated	51659
by the treasurer of state or the tax commissioner. If the return	51660
is filed and the amount of tax shown thereon to be due is paid on	51661
or before the date such return is required to be filed, the vendor	51662
shall be entitled to a discount of three-fourths of one per cent	51663
of the amount shown to be due on the return. Amounts paid to the	51664
clerk of courts pursuant to section 4505.06 of the Revised Code	51665
shall be subject to the three-fourths of one per cent discount.	51666
The discount shall be in consideration for prompt payment to the	51667
clerk of courts and for other services performed by the vendor in	51668
the collection of the tax.	51669

Upon application to the commissioner, a vendor who is	51670
required to file monthly returns may be relieved of the	51671
requirement to report and pay the actual tax due, provided that	51672
the vendor agrees to remit to the treasurer of statetax	51673
commissioner payment of not less than an amount determined by the	51674
commissioner to be the average monthly tax liability of the	51675
vendor, based upon a review of the returns or other information	51676
pertaining to such vendor for a period of not less than six months	51677
nor more than two years immediately preceding the filing of the	51678
application. Vendors who agree to the above conditions shall make	51679
and file an annual or semiannual reconciliation return, as	51680
prescribed by the commissioner. The reconciliation return shall	51681
be filed by mailing or delivering the sameit to the treasurer of	51682
statetax commissioner, together with payment of the amount of tax	51683
shown to be due thereon after deduction of any discount provided	51684
in this section. Remittance shall be made payable to the treasurer	51685
of state. Failure of a vendor to comply with any of the above	51686
conditions may result in immediate reinstatement of the	51687
requirement of reporting and paying the actual tax liability on	51688
each monthly return, and the commissioner may at the	51689
commissioner's discretion deny the vendor the right to report and	51690
pay based upon the average monthly liability for a period not to	51691
exceed two years. The amount determinedascertained by the	51692
commissioner to be the average monthly tax liability of a vendor	51693
may be adjusted, based upon a review of the returns or other	51694
information pertaining to the vendor for a period of not less than	51695
six months nor more than two years preceding such adjustment.	51696

The commissioner may authorize vendors whose tax liability is	51697
not such as to merit monthly returns, as determinedascertained by	51698
the commissioner upon the basis of administrative costs to the	51699
state, to make and file returns at less frequent intervals. When	51700
returns are filed at less frequent intervals in accordance with	51701
such a determinationauthorization, the vendor shall be allowed	51702
the discount of three-fourths of one per cent in consideration for	51703
prompt payment with the return, provided the return is filed	51704
together with payment of the amount of tax shown to be due	51705
thereon, at the time specified by the commissioner.	51706

The treasurer of state shall stamp or otherwise mark on all	51707
returns the date received by the treasurer of state and shall also	51708
show thereon by stamp or otherwise the amount of payment received	51709
for the period for which the return is filed. Thereafter, the	51710
treasurer of state shall immediately transmit all returns filed	51711
under this section to the commissioner. Any vendor who fails to	51712
file a return or pay the full amount of the tax shown on the	51713
return to be due under this section and the rules of the	51714
commissioner may, for each such return the vendor fails to file or	51715
each such tax the vendor fails to pay in full as shown on the	51716
return within the period prescribed by this section and the rules	51717
of the commissioner, be required to forfeit and pay into the state	51718
treasury an additional charge not exceeding fifty dollars or ten	51719
per cent of the tax required to be paid for the reporting period,	51720
whichever is greater, as revenue arising from the tax imposed by	51721
this chapter, and such sum may be collected by assessment in the	51722
manner provided in section 5739.13 of the Revised Code. The	51723
commissioner may remit all or a portion of the additional charge	51724
and may adopt rules relating to the imposition and remission of	51725
the additional charge.	51726

If the amount required to be collected by a vendor from	51727
consumers is in excess of five per cent of the vendor's receipts	51728
from sales which are taxable under section 5739.02 of the Revised	51729
Code, or in the case of sales subject to a tax levied pursuant to	51730
section 5739.021, 5739.023, or 5739.026 of the Revised Code, in	51731
excess of the percentage equal to the aggregate rate of such taxes	51732
and the tax levied by section 5739.02 of the Revised Code, such	51733
excess shall be remitted along with the remittance of the amount	51734
of tax due under section 5739.10 of the Revised Code.	51735

The commissioner, if the commissioner deems it necessary in	51736
order to insure the payment of the tax imposed by this chapter,	51737
may require returns and payments to be made for other than monthly	51738
periods. The returns shall be signed by the vendor or the	51739
vendor's authorized agent.	51740

Any vendor required to file a return and pay the tax under	51741
this section whose total payment in any year indicated in division	51742
(A) of section 5739.122 of the Revised Code equals or exceeds the	51743
amount shown in that division shall make each payment required by	51744
this section in the second ensuing and each succeeding year by	51745
electronic funds transfer as prescribed by section 5739.122 of the	51746
Revised Code, except as otherwise prescribed by that section.	51747

Sec. 5739.121.  As used in this section, "bad debt" means any	51748
debt that has become worthless or uncollectible in the time period	51749
between a vendor's preceding return and the present return, have	51750
been uncollected for at least six months, and that may be claimed	51751
as a deduction pursuant to the "Internal Revenue Code of 1954,"	51752
68A Stat. 50, 26 U.S.C. 166, as amended, and regulations adopted	51753
pursuant thereto, or that could be claimed as such a deduction if	51754
the vendor kept accounts on an accrual basis. "Bad debt" does not	51755
include any interest or sales tax on the purchase price,	51756
uncollectible amounts on property that remains in the possession	51757
of the vendor until the full purchase price is paid, expenses	51758
incurred in attempting to collect any account receivable or for	51759
any portion of the debt recovered, any accounts receivable that	51760
have been sold to a third party for collection, and repossessed	51761
property.	51762

In computing taxable receipts for purposes of this chapter, a	51763
vendor may deduct the amount of bad debts, as defined in this	51764
section. The amount deducted must be charged off as uncollectible	51765
on the books of the vendor. A deduction may be claimed only with	51766
respect to bad debts on which the taxes pursuant to sections	51767
5739.10 and 5739.12 of the Revised Code were paid in a preceding	51768
tax period. If the vendor's business consists of taxable and	51769
nontaxable transactions, the deduction shall equal the full amount	51770
of the debt if the debt is documented as a taxable transaction in	51771
the vendor's records. If no such documentation is available, the	51772
maximum deduction on any bad debt shall equal the amount of the	51773
bad debt multiplied by the quotient obtained by dividing the sales	51774
taxed pursuant to this chapter during the preceding calendar year	51775
by all sales during the preceding calendar year, whether taxed or	51776
not. If a consumer or other person pays all or part of a bad debt	51777
with respect to which a vendor claimed a deduction under this	51778
section, the vendor shall be liable for the amount of taxes	51779
deducted in connection with that portion of the debt for which	51780
payment is received and shall remit such taxes in histhe vendor's	51781
next payment to the treasurer of statetax commissioner.	51782

Any claim for a bad debt deduction under this section shall	51783
be supported by such evidence as the tax commissioner by rule	51784
requires. The commissioner shall review any change in the rate of	51785
taxation applicable to any taxable sales by a vendor claiming a	51786
deduction pursuant to this section and adopt rules for altering	51787
the deduction in the event of such a change in order to ensure	51788
that the deduction on any bad debt does not result in the vendor	51789
claiming the deduction recovering any more or less than the taxes	51790
imposed on the sale that constitutes the bad debt.	51791

Sec. 5739.13.  (A) If any vendor collects the tax imposed by	51792
or pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	51793
the Revised Code, and fails to remit the tax to the state as	51794
prescribed, or on the sale of a motor vehicle, watercraft, or	51795
outboard motor required to be titled, fails to remit payment to a	51796
clerk of a court of common pleas as provided in section 1548.06 or	51797
4505.06 of the Revised Code, the vendor shall be personally liable	51798
for any tax collected and not remitted. The tax commissioner may	51799
make an assessment against such vendor based upon any information	51800
in the commissioner's possession.	51801

If any vendor fails to collect the tax or any consumer fails	51802
to pay the tax imposed by or pursuant to section 5739.02,	51803
5739.021, 5739.023, or 5739.026 of the Revised Code, on any	51804
transaction subject to the tax, the vendor or consumer shall be	51805
personally liable for the amount of the tax applicable to the	51806
transaction. The commissioner may make an assessment against	51807
either the vendor or consumer, as the facts may require, based	51808
upon any information in the commissioner's possession.	51809

An assessment against a vendor when the tax imposed by or	51810
pursuant to section 5739.02, 5739.021, 5739.023, or 5739.026 of	51811
the Revised Code has not been collected or paid, shall not	51812
discharge the purchaser's or consumer's liability to reimburse the	51813
vendor for the tax applicable to such transaction.	51814

An assessment issued against either, pursuant to this	51815
section, shall not be considered an election of remedies, nor a	51816
bar to an assessment against the other for the tax applicable to	51817
the same transaction, provided that no assessment shall be issued	51818
against any person for the tax due on a particular transaction if	51819
the tax on that transaction actually has been paid by another.	51820

The commissioner may make an assessment against any vendor	51821
who fails to file a return or remit the proper amount of tax	51822
required by this chapter, or against any consumer who fails to pay	51823
the proper amount of tax required by this chapter. When	51824
information in the possession of the commissioner indicates that	51825
the amount required to be collected or paid under this chapter is	51826
greater than the amount remitted by the vendor or paid by the	51827
consumer, the commissioner may audit a sample of the vendor's	51828
sales or the consumer's purchases for a representative period, to	51829
ascertain the per cent of exempt or taxable transactions or the	51830
effective tax rate and may issue an assessment based on the audit.	51831
The commissioner shall make a good faith effort to reach agreement	51832
with the vendor or consumer in selecting a representative sample	51833
period.	51834

The tax commissioner may make an assessment, based on any	51835
information in his possession, against any person who fails to	51836
file a return or remit the proper amount of tax required by	51837
section 5739.102 of the Revised Code.	51838

The tax commissioner may issue an assessment on any	51839
transaction for which any tax imposed under this chapter or	51840
Chapter 5741. of the Revised Code was due and unpaid on the date	51841
the vendor or consumer was informed by an agent of the tax	51842
commissioner of an investigation or audit. If the vendor or	51843
consumer remits any payment of the tax for the period covered by	51844
the assessment after the vendor or consumer was informed of the	51845
investigation or audit, the payment shall be credited against the	51846
amount of the assessment.	51847

The commissioner shall give the party assessed written notice	51848
of the assessment as provided in section 5703.37 of the Revised	51849
Code.	51850

(B) Unless the party to whom the notice of assessment is	51851
directed files with the commissioner within sixty days after	51852
service of the notice of assessment, either personally or by	51853
certified mail, a petition for reassessment in writing, signed by	51854
the party assessed, or by the party's authorized agent having	51855
knowledge of the facts, the assessment shall become final and the	51856
amount of the assessment shall be due and payable from the party	51857
assessed and payable to the treasurer of state and remitted to the	51858
tax commissioner. The petition shall indicate the objections of	51859
the party assessed, but additional objections may be raised in	51860
writing if received prior to the date shown on the final	51861
determination by the commissioner.	51862

Unless the petitioner waives a hearing, the commissioner	51863
shall assign a time and place for the hearing on the petition and	51864
notify the petitioner of the time and place of the hearing by	51865
personal service or certified mail, but the commissioner may	51866
continue the hearing from time to time if necessary.	51867

The commissioner may make such correction to the assessment	51868
as the commissioner finds proper. The commissioner shall serve a	51869
copy of the commissioner's final determination on the petitioner	51870
by personal service or certified mail, and the commissioner's	51871
decision in the matter shall be final, subject to appeal as	51872
provided in section 5717.02 of the Revised Code. Only objections	51873
decided on the merits by the board of tax appeals or a court shall	51874
be given collateral estoppel or res judicata effect in considering	51875
an application for refund of amounts paid pursuant to the	51876
assessment.	51877

(C) After an assessment becomes final, if any portion of the	51878
assessment remains unpaid, including accrued interest, a certified	51879
copy of the commissioner's entry making the assessment final may	51880
be filed in the office of the clerk of the court of common pleas	51881
in the county in which the place of business of the party assessed	51882
is located or the county in which the party assessed resides. If	51883
the party assessed maintains no place of business in this state	51884
and is not a resident of this state, the certified copy of the	51885
entry may be filed in the office of the clerk of the court of	51886
common pleas of Franklin county.	51887

The clerk, immediately upon the filing of such entry, shall	51888
enter a judgment for the state against the party assessed in the	51889
amount shown on the entry. The judgment may be filed by the clerk	51890
in a loose-leaf book entitled "special judgments for state,	51891
county, and transit authority retail sales tax" or, if	51892
appropriate, "special judgments for resort area excise tax," and	51893
shall have the same effect as other judgments. Execution shall	51894
issue upon the judgment upon the request of the tax commissioner,	51895
and all laws applicable to sales on execution shall apply to sales	51896
made under the judgment except as otherwise provided in this	51897
chapter.	51898

The portion of the assessment not paid within sixty days	51899
after the date the assessment was issued shall bear interest at	51900
the rate per annum prescribed by section 5703.47 of the Revised	51901
Code from the day the tax commissioner issues the assessment until	51902
the assessment is paid. Interest shall be paid in the same manner	51903
as the tax and may be collected by issuing an assessment under	51904
this section.	51905

(D) All money collected by the commissioner under this	51906
section shall be paid to the treasurer of state, and when paid	51907
shall be considered as revenue arising from the taxes imposed by	51908
or pursuant to sections 5739.01 to 5739.31 of the Revised Code.	51909

Sec. 5739.18.  On the first business day of each week, each	51910
county auditor shall make in triplicate a list showing the names	51911
of all vendors licensed in histhe auditor's county during the	51912
preceding week pursuant to sections 5739.01 to 5739.31, inclusive,	51913
of the Revised Code, and such other information as to each,	51914
available from the records in histhe auditor's office, as the tax	51915
commissioner prescribes, and shall immediately certify one of such	51916
lists to the commissioner, one to the treasurer of state, and one	51917
to the county treasurer. The commissioner shall keep an	51918
alphabetical index of such licensees so certified to himthe	51919
commissioner but he may delete therefrom the names of those	51920
persons whose licenses have been cancelled.	51921

Sec. 5741.10.  The tax commissioner shall refund to sellers	51922
the amount of tax levied pursuant to section 5741.02, 5741.021,	51923
5741.022, or 5741.023 of the Revised Code paid on any illegal or	51924
erroneous payment or assessment, where the seller has reimbursed	51925
the consumer. When such payment or assessment was not paid to a	51926
seller, but was paid by the consumer directly to the treasurer of	51927
state, or the treasurer of state's agent, by the consumer	51928
commissioner, or the commissioner's agent, the treasurer of state	51929
shall make refund to the consumer. When such a refund is granted,	51930
it shall include interest thereon as provided by section 5739.132	51931
of the Revised Code. Applications for refund shall be filed with	51932
the tax commissioner, on the form prescribed by the commissioner,	51933
within four years from the date of the illegal or erroneous	51934
payment of the tax except where the vendor or consumer waives the	51935
time limitation under division (C) of section 5741.16 of the	51936
Revised Code, in which case the four-year refund limitation shall	51937
be extended for the same period of time as the waiver. On filing	51938
such application, the commissioner shall determine the amount of	51939
refund due and shall certify such amount to the director of budget	51940
and management and treasurer of state for payment from the tax	51941
refund fund created by section 5703.052 of the Revised Code.	51942

Sec. 5741.12.  (A) Each seller required by section 5741.17	51943
of the Revised Code to register with the tax commissioner, and any	51944
seller authorized by the commissioner to collect the tax imposed	51945
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023	51946
of the Revised Code is subject to the same requirements and	51947
entitled to the same deductions and discount for prompt payments	51948
as are vendors under section 5739.12 of the Revised Code. The	51949
powers and duties of the commissioner and the treasurer of state	51950
with respect to returns and tax remittances under this section	51951
shall be identical with those prescribed in section 5739.12 of the	51952
Revised Code.	51953

(B) Every person storing, using, or consuming tangible	51954
personal property or receiving the benefit of a service, the	51955
storage, use, consumption, or receipt of which is subject to the	51956
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022,	51957
or 5741.023 of the Revised Code, when such tax was not paid to a	51958
seller, shall, on or before the twenty-third day of each month,	51959
file with the treasurer of statetax commissioner a return for the	51960
preceding month in such form as is prescribed by the commissioner,	51961
showing such information as the commissioner deems necessary, and	51962
shall pay the tax shown on the return to be due. Remittance shall	51963
be made payable to the treasurer of state. The commissioner may	51964
require consumers to file returns and pay the tax at other than	51965
monthly intervals, if hethe commissioner determines that such	51966
filing is necessary for the efficient administration of the tax.	51967
If the commissioner determines that a consumer's tax liability is	51968
not such as to merit monthly filing, the commissioner may	51969
authorize the consumer to file returns and pay tax at less	51970
frequent intervals. The treasurer of state shall show on the	51971
return the date it was filed and the amount of the payment	51972
remitted to the treasurer. Thereafter, the treasurer immediately	51973
shall transmit all returns filed under this section to the tax	51974
commissioner.	51975

Any consumer required to file a return and pay the tax under	51976
this section whose payment for any year indicated in section	51977
5741.121 of the Revised Code equals or exceeds the amount shown in	51978
that section shall make each payment required by this section in	51979
the second ensuing and each succeeding year by means of electronic	51980
funds transfer as prescribed by section 5741.121 of the Revised	51981
Code, except as otherwise prescribed by that section.	51982

(C) Every person storing, using, or consuming a motor	51983
vehicle, watercraft, or outboard motor, the ownership of which	51984
must be evidenced by certificate of title, shall file the return	51985
required by this section and pay the tax due at or prior to the	51986
time of filing an application for certificate of title.	51987

Sec. 5743.62.  (A) To provide revenue for the general	51988
revenue fund of the state, an excise tax is hereby levied on the	51989
seller of tobacco products in this state at the rate of seventeen	51990
per cent of the wholesale price of the tobacco product whenever	51991
the tobacco product is delivered to a consumer in this state for	51992
the storage, use, or other consumption of such tobacco products.	51993
The tax imposed by this section applies only to sellers having	51994
nexus in this state, as defined in section 5741.01 of the Revised	51995
Code.	51996

(B) A seller of tobacco products who has nexus in this state	51997
as defined in section 5741.01 of the Revised Code shall register	51998
with the tax commissioner and supply any information concerning	51999
histhe seller's contacts with this state as may be required by	52000
the tax commissioner. A seller who does not have nexus in this	52001
state may voluntarily register with the tax commissioner. A	52002
seller who voluntarily registers with the tax commissioner is	52003
entitled to the same benefits and is subject to the same duties	52004
and requirements as a seller required to be registered with the	52005
tax commissioner under this division.	52006

(C) Each seller of tobacco products subject to the tax	52007
levied by this section, on or before the last day of each month,	52008
shall file with the treasurer of statetax commissioner a return	52009
for the preceding month showing any information the tax	52010
commissioner finds necessary for the proper administration of	52011
sections 5743.51 to 5743.66 of the Revised Code, together with	52012
remittance of the tax due. The, payable to the treasurer of state	52013
shall stamp or otherwise mark on the return the date it was	52014
received and the amount of payment received with the return.	52015
Thereafter, the treasurer of state shall immediately transmit all	52016
returns filed under this section to the commissioner. The return	52017
and payment of the tax required by this section shall be filed in	52018
such a manner that it is received by the treasurer of statetax	52019
commissioner on or before the last day of the month following the	52020
reporting period. If the return is filed and the amount of the	52021
tax shown on the return to be due is paid on or before the date	52022
the return is required to be filed, the seller is entitled to a	52023
discount equal to two and five-tenths per cent of the amount shown	52024
on the return to be due.	52025

(D) The tax commissioner shall immediately forward to the	52026
treasurer of state all money received into the state treasury from	52027
the tax levied by this section, and the treasurer shall be	52028
creditedcredit the amount to the general revenue fund.	52029

(E) Each seller of tobacco products subject to the tax	52030
levied by this section shall mark on the invoices of tobacco	52031
products sold that the tax levied by that section has been paid	52032
and shall indicate the seller's account number as assigned by the	52033
tax commissioner.	52034

Sec. 5743.63.  (A) To provide revenue for the general	52035
revenue fund of the state, an excise tax is hereby levied on the	52036
storage, use, or other consumption of tobacco products at the rate	52037
of seventeen per cent of the wholesale price of the tobacco	52038
product, provided the tax has not been paid by the seller as	52039
provided in section 5743.62 of the Revised Code, or by the	52040
distributor as provided in section 5743.51 of the Revised Code.	52041

(B) Each person subject to the tax levied by this section,	52042
on or before the last day of each month, shall file with the	52043
treasurer of statetax commissioner a return for the preceding	52044
month showing any information the tax commissioner finds necessary	52045
for the proper administration of sections 5743.51 to 5743.66 of	52046
the Revised Code, together with remittance of the tax due. The,	52047
payable to the treasurer of state shall stamp or otherwise mark on	52048
the return the date it was received and the amount of payment	52049
received with the return. Thereafter, the treasurer of state shall	52050
immediately transmit all returns filed under this section to the	52051
commissioner. The return and payment of the tax required by this	52052
section shall be filed in such a manner that it is received by the	52053
treasurer of statetax commissioner on or before the last day of	52054
the month following the reporting period.	52055

(C) The tax commissioner shall immediately forward to the	52056
treasurer of state all money received into the state treasury from	52057
the tax levied by this section, and the treasurer shall be	52058
creditedcredit the amount to the general revenue fund.	52059

Sec. 5745.03.  (A) For each taxable year, each taxpayer	52060
shall file an annual report with the treasurer of statetax	52061
commissioner not later than the fifteenth day of the fourth month	52062
after the end of the taxpayer's taxable year, and shall remit with	52063
that report the amount of tax due as shown on the report less the	52064
amount paid for the year under section 5745.04 of the Revised	52065
Code. The remittance shall be made in the form prescribed by the	52066
treasurer of state, including electronic funds transfer iftax	52067
commissioner. If the amount payable with the report exceeds one	52068
thousand dollars, the taxpayer shall remit the amount by	52069
electronic funds transfer as prescribed by the treasurer of state.	52070
The tax commissioner shall immediately forward to the treasurer of	52071
state all amounts that the tax commissioner receives pursuant to	52072
this chapter. The treasurer of state shall credit ninety-eight	52073
and one-half per cent of such remittances to the municipal income	52074
tax fund, which is hereby created in the state treasury, and	52075
credit the remainder to the municipal income tax administrative	52076
fund, which is hereby created in the state treasury. The treasurer	52077
of state shall indicate on the report the date it was filed and	52078
the amount remitted, and immediately shall transmit the report to	52079
the tax commissioner.	52080

(B) Any taxpayer that has been granted an extension for	52081
filing a federal income tax return may request an extension for	52082
filing the return required under this section by filing with the	52083
tax commissioner a copy of the taxpayer's request for the federal	52084
filing extension. The request shall be filed not later than the	52085
last day for filing the return as required under division (A) of	52086
this section. If such a request is properly and timely filed, the	52087
tax commissioner shall extend the last day for filing the return	52088
required under this section for the same period for which the	52089
federal filing extension was granted. The tax commissioner may	52090
deny the filing extension request only if the taxpayer fails to	52091
timely file the request, fails to file a copy of the federal	52092
extension request, owes past due taxes, interest, or penalty under	52093
this chapter, or has failed to file a required report or other	52094
document for a prior taxable year. The granting of an extension	52095
under this section does not extend the last day for paying taxes	52096
without penalty pursuant to this chapter unless the tax	52097
commissioner extends the payment date.	52098

(C) The annual report shall include statements of the	52099
following facts as of the last day of the taxpayer's taxable year:	52100

(1) The name of the taxpayer;

52101

(2) The name of the state or country under the laws of which	52102
it is incorporated;	52103

(3) The location of its principal office in this state and,	52104
in the case of a taxpayer organized under the laws of another	52105
state, the principal place of business in this state and the name	52106
and address of the officer or agent of the taxpayer in charge of	52107
the business conducted in this state;	52108

(4) The names of the president, secretary, treasurer, and	52109
statutory agent in this state, with the post-office address of	52110
each;	52111

(5) The date on which the taxpayer's taxable year begins and	52112
ends;	52113

(6) The taxpayer's federal taxable income during the	52114
taxpayer's taxable year;	52115

(7) Any other information the tax commissioner requires for	52116
the proper administration of this chapter.	52117

(D) The tax commissioner may require any reports required	52118
under this chapter to be filed in an electronic format.	52119

(E) A municipal corporation may not require a taxpayer	52120
required to file a report under this section to file a report of	52121
the taxpayer's income, but a municipal corporation may require a	52122
taxpayer to report to the municipal corporation the value of the	52123
taxpayer's real and tangible personal property situated in the	52124
municipal corporation, compensation paid by the taxpayer to its	52125
employees in the municipal corporation, and sales made in the	52126
municipal corporation by the taxpayer, to the extent necessary for	52127
the municipal corporation to compute the taxpayer's municipal	52128
property, payroll, and sales factors for the municipal	52129
corporation.	52130

(F) On or before the thirty-first day of January each year,	52131
each municipal corporation imposing a tax on income shall certify	52132
to the tax commissioner the rate of the tax in effect on the first	52133
day of January of that year. If any municipal corporation fails	52134
to certify its income tax rate as required by this division, the	52135
tax commissioner shall notify the director of budget and	52136
management, who, upon receiving such notification, shall withhold	52137
from each payment made to the municipal corporation under section	52138
5745.05 of the Revised Code fifty per cent of the amount of the	52139
payment otherwise due the municipal corporation under that section	52140
as computed on the basis of the tax rate most recently certified	52141
until the municipal corporation certifies the tax rate in effect	52142
on the first day of January of that year.	52143

The tax rate used to determine the tax payable to a municipal	52144
corporation under this section for a taxpayer's taxable year shall	52145
be the tax rate in effect in a municipal corporation on the first	52146
day of January in that taxable year. If a taxpayer's taxable year	52147
is for a period less than twelve months that does not include the	52148
first day of January, the tax rate used to determine the tax	52149
payable to a municipal corporation under this section for the	52150
taxpayer's taxable year shall be the tax rate in effect in a	52151
municipal corporation on the first day of January in the preceding	52152
taxable year.	52153

Sec. 5745.04.  (A) As used in this section, "combined tax	52154
liability" means the total of a taxpayer's income tax liabilities	52155
to all municipal corporations in this state for a taxable year.	52156

(B) Beginning with its taxable year beginning in 2003, each	52157
taxpayer shall file a declaration of estimated tax report with,	52158
and remit estimated taxes to the tax commissioner, payable to the	52159
treasurer of state, at the times and in the amounts prescribed in	52160
divisions (B)(1) to (4) of this section. This division also	52161
applies to a taxpayer having a taxable year consisting of fewer	52162
than twelve months, at least one of which is in 2002, that ends	52163
before January 1, 2003.	52164

(1) Not less than twenty-five per cent of the combined tax	52165
liability for the preceding taxable year or twenty per cent of the	52166
combined tax liability for the current taxable year shall have	52167
been remitted not later than the fifteenth day of the fourth month	52168
after the end of the preceding taxable year.	52169

(2) Not less than fifty per cent of the combined tax	52170
liability for the preceding taxable year or forty per cent of the	52171
combined tax liability for the current taxable year shall have	52172
been remitted not later than the fifteenth day of the sixth month	52173
after the end of the preceding taxable year.	52174

(3) Not less than seventy-five per cent of the combined tax	52175
liability for the preceding taxable year or sixty per cent of the	52176
combined tax liability for the current taxable year shall have	52177
been remitted not later than the fifteenth day of the ninth month	52178
after the end of the preceding taxable year.	52179

(4) Not less than one hundred per cent of the combined tax	52180
liability for the preceding taxable year or eighty per cent of the	52181
combined tax liability for the current taxable year shall have	52182
been remitted not later than the fifteenth day of the twelfth	52183
month after the end of the preceding taxable year.	52184

(C) Each taxpayer shall report on the declaration of	52185
estimated tax report the portion of the remittance that the	52186
taxpayer estimates that it owes to each municipal corporation for	52187
the taxable year.	52188

(D) Upon receiving a declaration of estimated tax report and	52189
remittance of estimated taxes under this section, the tax	52190
commissioner shall immediately forward to the treasurer of state	52191
such remittance. The treasurer of state shall credit ninety-eight	52192
and one-half per cent of the remittance to the municipal income	52193
tax fund and credit the remainder to the municipal income tax	52194
administrative fund, and shall transmit the report to the tax	52195
commissioner.	52196

(E) If any remittance of estimated taxes is for one thousand	52197
dollars or more, the taxpayer shall make the remittance by	52198
electronic funds transfer as prescribed by section 5745.04 of the	52199
Revised Code.	52200

(F) Notwithstanding section 5745.08 or 5745.09 of the	52201
Revised Code, no penalty or interest shall be imposed on a	52202
taxpayer if the declaration of estimated tax report is properly	52203
filed, and the estimated tax is remittedpaid, within the time	52204
prescribed by division (B) of this section.	52205

Sec. 5747.122.  (A) The tax commissioner, in accordance with	52206
section 5101.184 of the Revised Code, shall cooperate with the	52207
director of job and family services to collect overpayments of	52208
assistance under Chapter 5107., 5111., or 5115., former Chapter	52209
5113., or sectionssection 5101.54 to 5101.543 of the Revised Code	52210
from refunds of state income taxes for taxable year 1992 and	52211
thereafter that are payable to the recipients of such	52212
overpayments.	52213

(B) At the request of the department of job and family	52214
services in connection with the collection of an overpayment of	52215
assistance from a refund of state income taxes pursuant to this	52216
section and section 5101.184 of the Revised Code, the tax	52217
commissioner shall release to the department the home address and	52218
social security number of any recipient of assistance whose	52219
overpayment may be collected from a refund of state income taxes	52220
under those sections.	52221

(C) In the case of a joint income tax return for two people	52222
who were not married to each other at the time one of them	52223
received an overpayment of assistance, only the portion of a	52224
refund that is due to the recipient of the overpayment shall be	52225
available for collection of the overpayment under this section and	52226
section 5101.184 of the Revised Code. The tax commissioner shall	52227
determine such portion. A recipient's spouse who objects to the	52228
portion as determined by the commissioner may file a complaint	52229
with the commissioner within twenty-one days after receiving	52230
notice of the collection, and the commissioner shall afford the	52231
spouse an opportunity to be heard on the complaint. The	52232
commissioner shall waive or extend the twenty-one-day period if	52233
the recipient's spouse establishes that such action is necessary	52234
to avoid unjust, unfair, or unreasonable results. After the	52235
hearing, the commissioner shall make a final determination of the	52236
portion of the refund available for collection of the overpayment.	52237

(D) The welfare overpayment intercept fund is hereby created	52238
in the state treasury. The tax commissioner shall deposit amounts	52239
collected from income tax refunds under this section to the credit	52240
of the welfare overpayment intercept fund. The director of job and	52241
family services shall distribute money in the fund in accordance	52242
with appropriate federal or state laws and procedures regarding	52243
collection of welfare overpayments.	52244

Sec. 5747.221. For(A) As used in this section, "investment	52245
pass-through entity" has the same meaning as in section 5733.401	52246
of the Revised Code.	52247

(B) Except as provided in division (C) of this section, for	52248
the purposes of sections 5747.20, 5747.21, and 5747.22 of the	52249
Revised Code, no item of income or deduction shall be allocated or	52250
apportioned to this state to the extent that such item represents	52251
or relates to the portion of an adjusted qualifying amount for	52252
which the withholding tax is not imposed under section 5747.41 of	52253
the Revised Code by reason of division (C) of section 5733.401 of	52254
the Revised Code. This section shall be applied without regard to	52255
division (I) of section 5733.40 of the Revised Code.	52256

(C) If a taxpayer has a direct or indirect investment in an	52257
investment pass-through entity that has a direct or indirect	52258
investment in any other pass-through entity, division (B) of this	52259
section does not apply to any item of income, gain, deduction, or	52260
loss where, under section 5747.231 of the Revised Code, the item	52261
is directly or indirectly attributable to either of the following:	52262

(1) A distributive share of income or gain from a	52263
pass-through entity that does not qualify as an investment	52264
pass-through entity;	52265

(2) A pass-through entity's income or gain to which	52266
division (C) of section 5733.401 of the Revised Code does not	52267
apply.	52268

An indirect investment includes any interest that a person	52269
constructively owns on account of the attribution rules set forth	52270
in section 267, 318, or 1563 of the Internal Revenue Code.	52271

Sec. 5747.39.  As used in this section, "eligible employee"	52272
and "eligible training costs" have the same meanings as in section	52273
5733.42 of the Revised Code, and "pass-through entity" includes a	52274
sole proprietorship.	52275

For taxable years beginning after December 31, 2000in 2003,	52276
2004, and 2005, there is hereby allowed a nonrefundable credit	52277
against the tax imposed by section 5747.02 of the Revised Code for	52278
a taxpayer that is an investor in a pass-through entity for which	52279
a tax credit certificate is issued under section 5733.42 of the	52280
Revised Code. TheFor the taxable year beginning in 2003, the	52281
amount of eligible training costs for which a credit may be	52282
claimed by all taxpayers that are investors in an entity shall	52283
equal one-half of the average of the eligible training costs	52284
incurred by the entity during the three calendar years that end in	52285
the taxable year for which the credit is claimed1999, 2000, and	52286
2001, but shall not exceed one thousand dollars for each eligible	52287
employee on account of whom such costs were paid or incurred by	52288
the entity, and the total amount of credits that may be claimed by	52289
all such taxpayers shall not exceed one hundred thousand dollars	52290
each year. Each taxpayer's credit shall be claimed for the	52291
taxpayer's taxable year that includes the last day of the third	52292
calendar year of the three-year period during which eligible	52293
training costs are paid or incurred by the entity. The credit may	52294
be claimed for eligible training costs paid or incurred on or	52295
before December 31, 2003. The	52296

The amount of a taxpayer's credit for the taxpayer's taxable	52297
year beginning in 2003 shall equal the taxpayer's interest in the	52298
entity on December 31, 2001, multiplied by the credit available to	52299
the entity as computed by the entity.	52300

For the taxable year beginning in 2004, the amount of the	52301
eligible training costs for which a credit may be claimed by all	52302
taxpayers that are investors in an entity shall equal one-half of	52303
the average of the eligible training costs incurred by the entity	52304
during calendar years 2002, 2003, and 2004, but shall not exceed	52305
one thousand dollars for each eligible employee on account of whom	52306
such costs were paid or incurred by the entity, and the total	52307
amount of credits that may be claimed by all such taxpayers shall	52308
not exceed one hundred thousand dollars. The amount of a	52309
taxpayer's credit for the taxpayer's taxable year beginning in	52310
2004 shall equal the taxpayer's interest in the entity on December	52311
31, 2004, multiplied by the credit available to the entity as	52312
computed by the entity.	52313

For the taxable year beginning in 2005, the amount of the	52314
eligible training costs for which a credit may be claimed by all	52315
taxpayers that are investors in an entity shall equal one-half of	52316
the average of the eligible training costs incurred by the entity	52317
during calendar years 2003, 2004, and 2005, but shall not exceed	52318
one thousand dollars for each eligible employee on account of whom	52319
such costs were paid or incurred by the entity, and the total	52320
amount of credits that may be claimed by all such taxpayers shall	52321
not exceed one hundred thousand dollars. The amount of a	52322
taxpayer's credit for the taxpayer's taxable year beginning in	52323
2005 shall equal the taxpayer's interest in the entity on the last	52324
day of the third calendar year of the three-year period ending in	52325
or with the last day of the taxpayer's taxable yearDecember 31,	52326
2005, multiplied by the credit available to the entity as computed	52327
by the entity.	52328

The credit shall be claimed in the order prescribed by	52329
section 5747.98 of the Revised Code. A taxpayer may carry forward	52330
the credit to the extent that the taxpayer's credit exceeds the	52331
taxpayer's tax due after allowing for any other credits that	52332
precede the credit allowed by this section in the order prescribed	52333
by section 5747.98 of the Revised Code. The taxpayer may carry	52334
the excess credit forward for three taxable years following the	52335
taxable year for which the taxpayer first claims the credit under	52336
this section.	52337

A pass-through entity shall apply to the director of job and	52338
family services for a tax credit certificate in the manner	52339
prescribed by division (C) of section 5733.42 of the Revised Code.	52340
Divisions (C) to (H) of that section govern the tax credit allowed	52341
by this section, except that "taxable year" shall be substituted	52342
for "tax year" wherever that phrase appears in those divisions,	52343
and that "pass-through entity" shall be substituted for "taxpayer"	52344
wherever "taxpayer" appears in those divisions.	52345

Sec. 5749.06.  Each severer liable for the tax imposed by	52346
section 5749.02 of the Revised Code shall make and file returns	52347
with the tax commissioner in the prescribed form and as of the	52348
prescribed times, computing and reflecting therein the tax as	52349
required by this chapter.	52350

The returns shall be filed for every quarterly period, which	52351
periods shall end on the thirty-first of March, the thirtieth day	52352
of June, the thirtieth day of September, and the thirty-first day	52353
of December of each year, as required by this section, unless a	52354
different return period is prescribed for a taxpayer by the tax	52355
commissioner.	52356

A separate return shall be filed for each calendar quarterly	52357
period, or other period, or any part thereof, during which the	52358
severer holds a license as provided by section 5749.04 of the	52359
Revised Code, or is required to hold such license, and such return	52360
shall be filed within forty-five days after the last day of each	52361
such calendar month, or other period, or any part thereof, for	52362
which such return is required and shall include remittance payable	52363
to the treasurer of state of the amount of tax due. All such	52364
returns shall contain such information as the commissioner may	52365
require to fairly administer the tax.	52366

All returns shall be signed by the severer, shall contain the	52367
full and complete information requested, and shall be made under	52368
penalty of perjury.	52369

If the commissioner believes that quarterly payments of tax	52370
would result in a delay which might jeopardize the collection of	52371
such tax payments, the commissioner may order that such payments	52372
be made weekly, or more frequently if necessary, such payments to	52373
be made not later than seven days following the close of the	52374
period for which the jeopardy payment is required. Such an order	52375
shall be delivered to the taxpayer personally or by certified mail	52376
and shall remain in effect until the commissioner notifies the	52377
taxpayer to the contrary.	52378

Upon good cause the commissioner may extend the period for	52379
filing any notice or return required to be filed under this	52380
section, and may remit all or a part of penalties that may become	52381
due under this chapter.	52382

Any tax not paid by the day the tax is due shall bear	52383
interest computed at the rate per annum prescribed by section	52384
5703.47 of the Revised Code on that amount of tax due from the day	52385
that such amount was originally required to be paid to the day of	52386
actual payment or to the day an assessment was issued under	52387
section 5749.07 or 5749.10 of the Revised Code, whichever occurs	52388
first.	52389

The severer shall make all payments payable to the treasurer	52390
of state. All amounts that the tax commissioner receives under	52391
this section shall be deemed to be revenue from taxes imposed	52392
under this chapter. The tax commissioner shall immediately forward	52393
to the treasurer of state all amounts received under this section.	52394

Sec. 6109.13.  No official, officer, or employee in charge of	52395
or being employed in the maintenance and operation of a public	52396
water system and no other person,or firm, or corporation shall	52397
establish or permit to be established any connection whereby water	52398
from a private, auxiliary, or emergency water system may enter the	52399
public water system, unless suchthe private, auxiliary, or	52400
emergency water system, and the method of connection and use of	52401
suchthe system, hashave been approved by the environmental	52402
protection agency. However, a backflow prevention device shall not	52403
be required when a physical separation exists between the public	52404
water system and the private, auxiliary, or emergency water	52405
system.	52406

As used in this section:

52407

(A) "Backflow prevention device" means any device, method,	52408
or type of construction that is intended to prevent backflow into	52409
a potable water sytem.	52410

(B) "Physical separation" means that there is no direct or	52411
indirect connection between a public water system and a private,	52412
auxiliary, or emergency water system.	52413

Sec. 6109.21.  (A) Except as provided in divisions (D) and	52414
(E) of this section, on and after January 1, 1994, no person shall	52415
operate or maintain a public water system in this state without a	52416
license issued by the director of environmental protection. A	52417
person who operates or maintains a public water system on January	52418
1, 1994, shall obtain an initial license under this section in	52419
accordance with the following schedule:	52420

(1) If the public water system is a community water system,	52421
not later than January 31, 1994;	52422

(2) If the public water system is not a community water	52423
system and serves a nontransient population, not later than	52424
January 31, 1994;	52425

(3) If the public water system is not a community water	52426
system and serves a transient population, not later than January	52427
31, 1995.	52428

A person proposing to operate or maintain a new public water	52429
system after January 1, 1994, in addition to complying with	52430
section 6109.07 of the Revised Code and rules adopted under it,	52431
shall submit an application for an initial license under this	52432
section to the director prior to commencing operation of the	52433
system.	52434

A license or license renewal issued under this section shall	52435
be renewed annually. Such a license or license renewal shall	52436
expire on the thirtieth day of January in the year following its	52437
issuance. A license holder that proposes to continue operating	52438
the public water system for which the license or license renewal	52439
was issued shall apply for a license renewal at least thirty days	52440
prior to that expiration date.	52441

The director shall adopt, and may amend and rescind, rules in	52442
accordance with Chapter 119. of the Revised Code establishing	52443
procedures governing and information to be included on	52444
applications for licenses and license renewals under this section.	52445
Through June 30, 20022004, each application shall be accompanied	52446
by the appropriate fee established under division (M) of section	52447
3745.11 of the Revised Code, provided that an applicant for an	52448
initial license who is proposing to operate or maintain a new	52449
public water system after January 1, 1994, shall submit a fee that	52450
equals a prorated amount of the appropriate fee established under	52451
that division for the remainder of the licensing year.	52452

(B) Not later than thirty days after receiving a completed	52453
application and the appropriate license fee for an initial license	52454
under division (A) of this section, the director shall issue the	52455
license for the public water system. Not later than thirty days	52456
after receiving a completed application and the appropriate	52457
license fee for a license renewal under division (A) of this	52458
section, the director shall do one of the following:	52459

(1) Issue the license renewal for the public water system;

52460

(2) Issue the license renewal subject to terms and	52461
conditions that the director determines are necessary to ensure	52462
compliance with this chapter and rules adopted under it;	52463

(3) Deny the license renewal if the director finds that the	52464
public water system was not operated in substantial compliance	52465
with this chapter and rules adopted under it.	52466

(C) The director may suspend or revoke a license or license	52467
renewal issued under this section if the director finds that the	52468
public water system was not operated in substantial compliance	52469
with this chapter and rules adopted under it. The director shall	52470
adopt, and may amend and rescind, rules in accordance with Chapter	52471
119. of the Revised Code governing such suspensions and	52472
revocations.	52473

(D)(1) As used in division (D) of this section, "church"	52474
means a fellowship of believers, congregation, society,	52475
corporation, convention, or association that is formed primarily	52476
or exclusively for religious purposes and that is not formed or	52477
operated for the private profit of any person.	52478

(2) This section does not apply to a church that operates or	52479
maintains a public water system solely to provide water for that	52480
church or for a campground that is owned by the church and	52481
operated primarily or exclusively for members of the church and	52482
their families. A church that, on or before March 5, 1996, has	52483
obtained a license under this section for such a public water	52484
system need not obtain a license renewal under this section.	52485

(E) This section does not apply to any public or nonpublic	52486
school that meets minimum standards of the state board of	52487
education that operates or maintains a public water system solely	52488
to provide water for that school.	52489

Sec. 6111.035.  (A) The director of environmental	52490
protection, consistent with the Federal Water Pollution Control	52491
Act and the regulations adopted thereunder, without application	52492
therefor, may issue, modify, revoke, or terminate a general permit	52493
under this chapter for both of the following:	52494

(1) Discharge of stormwater; the discharge of liquids,	52495
sediments, solids, or water-borne mining related waste, such as,	52496
but not limited to, acids, metallic cations, or their salts, from	52497
coal mining and reclamation operations as defined in section	52498
1513.01 of the Revised Code; or treatment works whose discharge	52499
would have de minimis impact on the waters of the state receiving	52500
the discharge;	52501

(2) Installation or modification of disposal systems or any	52502
parts thereof, including disposal systems for stormwater or for	52503
coal mining and reclamation operations as defined in section	52504
1513.01 of the Revised Code.	52505

A general permit shall apply to a class or category of	52506
discharges or disposal systems or to persons conducting similar	52507
activities, within any area of the state, including the entire	52508
state.	52509

A general permit shall not be issued unless the director	52510
determines that the discharges authorized by the permit will have	52511
only minimal cumulative adverse effects on the environment when	52512
the discharges are considered collectively and individually and	52513
if, in the opinion of the director, the discharges, installations,	52514
or modifications authorized by the permit are more appropriately	52515
authorized by a general permit than by an individual permit.	52516

A general permit shall be issued subject to applicable	52517
mandatory provisions and may be issued subject to any applicable	52518
permissive provision of the Federal Water Pollution Control Act	52519
and the regulations adopted thereunder.	52520

The director, at the director's discretion, may require any	52521
person authorized to discharge or to install or modify a disposal	52522
system under a general permit to apply for and obtain an	52523
individual permit for the discharge, installation, or	52524
modification. When a particular discharge, installation, or	52525
modification is subject to an individual permit, a general permit	52526
shall not apply to that discharge, installation, or modification	52527
until the individual permit is revoked, terminated, or modified to	52528
exclude the discharge, installation, or modification.	52529

(B) Notwithstanding any requirement under Chapter 119. of	52530
the Revised Code concerning the manner in which notice of a permit	52531
action is provided, the director shall not be required to provide	52532
certified mail notice to persons subject to the issuance,	52533
modification, revocation, or termination of a general permit under	52534
division (A) of this section.	52535

Notwithstanding section 3745.07 of the Revised Code	52536
concerning the location of newspapers in which notices of permit	52537
actions are published, the director shall cause notice of the	52538
issuance, modification, revocation, or termination of a general	52539
permit to be published in the newspapers of general circulation	52540
determined by the director to provide reasonable notice to persons	52541
affected by the permit action in the geographic area covered by	52542
the general permit within the time periods prescribed by section	52543
3745.07 of the Revised Code. Any notice under this section or	52544
section 3745.07 of the Revised Code concerning the issuance,	52545
modification, revocation, or termination of a general permit shall	52546
include a summary of the permit action and instructions on how to	52547
obtain a copy of the full text of the permit action. The director	52548
may take other appropriate measures, such as press releases and	52549
notice to trade journals, associations, and other persons known to	52550
the director to desire notification, in order to provide notice of	52551
the director's actions concerning the issuance, modification,	52552
revocation, or termination of a general permit; however, the	52553
failure to provide such notice shall not invalidate any general	52554
permit.	52555

(C) Notwithstanding any other provision of the Revised Code,	52556
a person subject to the proposed issuance, modification,	52557
revocation, or termination of a general permit under division (A)	52558
of this section may request an adjudication hearing pursuant to	52559
section 119.07 of the Revised Code concerning the proposed action	52560
within thirty days after publication of the notice of the proposed	52561
action in newspapers of general circulation pursuant to division	52562
(B) of this section. This division shall not be interpreted to	52563
affect the authority of the director to take actions on general	52564
permits in forms other than proposed general permits.	52565

(D) The director may exercise all incidental powers required	52566
to carry out this section, including, without limitation, the	52567
adoption, amendment, and rescission of rules to implement a	52568
general permit program for classes or categories of dischargers or	52569
disposal systems.	52570

(E) On and after the date on which the United States	52571
environmental protection agency approves the NPDES program	52572
submitted by the director of agriculture under section 903.08 of	52573
the Revised Code, this section does not apply to storm water from	52574
an animal feeding facility, as defined in section 903.01 of the	52575
Revised Code, or to manure, as defined in that section.	52576

(F) As used in this section, "Federal Water Pollution	52577
Control Act" means the "Federal Water Pollution Control Act	52578
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended by	52579
the "Clean Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251,	52580
the "Act of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 1254,	52581
the "Municipal Wastewater Treatment Construction Grant Amendments	52582
of 1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the "Water Quality	52583
Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251.	52584

Sec. 6111.044.  Upon receipt of an application for an	52585
injection well drilling permit, an injection well operating	52586
permit, a renewal of an injection well operating permit, or a	52587
modification of an injection well drilling permit, operating	52588
permit, or renewal of an operating permit, the director of	52589
environmental protection shall determine whether the application	52590
is complete and demonstrates that the activities for which the	52591
permit, renewal permit, or modification is requested will comply	52592
with the Federal Water Pollution Control Act and regulations	52593
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661	52594
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted	52595
under it; and this chapter and the rules adopted under it. If the	52596
application demonstrates that the proposed activities will not	52597
comply or will pose an unreasonable risk of inducing seismic	52598
activity, inducing geologic fracturing, or contamination of an	52599
underground source of drinking water, the director shall deny the	52600
application. If the application does not make the required	52601
demonstrations, the director shall return it to the applicant with	52602
an indication of those matters about which a required	52603
demonstration was not made. If the director determines that the	52604
application makes the required demonstrations, the director shall	52605
transmit copies of the application and all of the accompanying	52606
maps, data, samples, and information to the chief of the division	52607
of mineral resources management, the chief of the division of	52608
geological survey, and the chief of the division of water in the	52609
department of natural resources.	52610

The chief of the division of geological survey shall comment	52611
upon the application if the chief determines that the proposed	52612
well or injection will present an unreasonable risk of loss or	52613
damage to valuable mineral resources. If the chief submits	52614
comments on the application, those comments shall be accompanied	52615
by an evaluation of the geological factors upon which the comments	52616
are based, including fractures, faults, earthquake potential, and	52617
the porosity and permeability of the injection zone and confining	52618
zone, and by the documentation supporting the evaluation. The	52619
director shall take into consideration the chief's comments, and	52620
the accompanying evaluation of geologic factors and supporting	52621
documentation, when considering the application. The director	52622
shall provide written notice to the chief of the director's	52623
decision on the application and, if the chief's comments are not	52624
included in the permit, renewal permit, or modification, of the	52625
director's rationale for not including them.	52626

The chief of the division of mineral resources management	52627
shall comment upon the application if the chief determines that	52628
the proposed well or injection will present an unreasonable risk	52629
that waste or contamination of recoverable oil or gas in the earth	52630
will occur. If the chief submits comments on the application,	52631
those comments shall be accompanied by an evaluation of the oil or	52632
gas reserves that, in the best professional judgment of the chief,	52633
are recoverable and will be adversely affected by the proposed	52634
well or injection, and by the documentation supporting the	52635
evaluation. The director shall take into consideration the	52636
chief's comments, and the accompanying evaluation and supporting	52637
documentation, when considering the application. The director	52638
shall provide written notice to the chief of the director's	52639
decision on the application and, if the chief's comments are not	52640
included in the permit, renewal permit, or modification, of the	52641
director's rationale for not including them.	52642

The chief of the division of water shall assist the director	52643
in determining whether all underground sources of drinking water	52644
in the area of review of the proposed well or injection have been	52645
identified and correctly delineated in the application. If the	52646
application fails to identify or correctly delineate an	52647
underground source of drinking water, the chief shall provide	52648
written notice of that fact to the director.	52649

The chief of the division of mineral resources management	52650
also shall review the application as follows:	52651

If the application concerns the drilling or conversion of a	52652
well or the injection into a well that is not or is not to be	52653
located within five thousand feet of the excavation and workings	52654
of a mine, the chief of the division of mineral resources	52655
management shall note upon the application that it has been	52656
examined by the division of mineral resources management, retain a	52657
copy of the application and map, and immediately return a copy of	52658
the application to the director.	52659

If the application concerns the drilling or conversion of a	52660
well or the injection into a well that is or is to be located	52661
within five thousand feet, but more than five hundred feet from	52662
the surface excavations and workings of a mine, the chief of the	52663
division of mineral resources management immediately shall notify	52664
the owner or lessee of the mine that the application has been	52665
filed and send to the owner or lessee a copy of the map	52666
accompanying the application setting forth the location of the	52667
well. The chief of the division of mineral resources management	52668
shall note on the application that the notice has been sent to the	52669
owner or lessee of the mine, retain a copy of the application and	52670
map, and immediately return a copy of the application to the	52671
director with the chief's notation on it.	52672

If the application concerns the drilling or conversion of a	52673
well or the injection into a well that is or is to be located	52674
within five thousand feet of the underground excavations and	52675
workings of a mine or within five hundred feet of the surface	52676
excavations and workings of a mine, the chief of the division of	52677
mineral resources management immediately shall notify the owner or	52678
lessee of the mine that the application has been filed and send to	52679
the owner or lessee a copy of the map accompanying the application	52680
setting forth the location of the well. If the owner or lessee	52681
objects to the application, the owner or lessee shall notify the	52682
chief of the division of mineral resources management of the	52683
objection, giving the reasons, within six days after the receipt	52684
of the notice. If the chief of the division of mineral resources	52685
management receives no objections from the owner or lessee of the	52686
mine within ten days after the receipt of the notice by the owner	52687
or lessee, or if in the opinion of the chief of the division of	52688
mineral resources management the objections offered by the owner	52689
or lessee are not sufficiently well-founded, the chief shall	52690
retain a copy of the application and map and return a copy of the	52691
application to the director with any applicable notes concerning	52692
it.	52693

If the chief of the division of mineral resources management	52694
receives an objection from the owner or lessee of the mine as to	52695
the application, within ten days after receipt of the notice by	52696
the owner or lessee, and if in the opinion of the chief the	52697
objection is well-founded, the chief shall disapprove the	52698
application and immediately return it to the director together	52699
with the chief's reasons for the disapproval. The director	52700
promptly shall notify the applicant for the permit, renewal	52701
permit, or modification of the disapproval. The applicant may	52702
appeal the disapproval of the application by the chief of the	52703
division of mineral resources management to the mine examining	52704
boardreclamation commission created under section 1561.101513.05	52705
of the Revised Code, and the boardcommission shall hear the	52706
appeal in accordance with section 1561.531513.13 of the Revised	52707
Code. The appeal shall be filed within thirty days from the date	52708
the applicant receives notice of the disapproval. No comments	52709
concerning or disapproval of an application shall be delayed by	52710
the chief of the division of mineral resources management for more	52711
than fifteen days from the date of sending of notice to the mine	52712
owner or lessee as required by this section.	52713

The director shall not approve an application for an	52714
injection well drilling permit, an injection well operating	52715
permit, a renewal of an injection well operating permit, or a	52716
modification of an injection well drilling permit, operating	52717
permit, or renewal of an operating permit for a well that is or is	52718
to be located within three hundred feet of any opening of any mine	52719
used as a means of ingress, egress, or ventilation for persons	52720
employed in the mine, nor within one hundred feet of any building	52721
or flammable structure connected with the mine and actually used	52722
as a part of the operating equipment of the mine, unless the chief	52723
of the division of mineral resources management determines that	52724
life or property will not be endangered by drilling and operating	52725
the well in that location.	52726

Upon review by the chief of the division of mineral resources	52727
management, the chief of the division of geological survey, and	52728
the chief of the division of water, and if the chief of the	52729
division of mineral resources management has not disapproved the	52730
application, the director shall issue a permit, renewal permit, or	52731
modification with any terms and conditions that may be necessary	52732
to comply with the Federal Water Pollution Control Act and	52733
regulations adopted under it; the "Safe Drinking Water Act," 88	52734
Stat. 1661 (1974), 42 U.S.C.A. 300(f) as amended, and regulations	52735
adopted under it; and this chapter and the rules adopted under it.	52736
The director shall not issue a permit, renewal permit, or	52737
modification to an applicant if the applicant or persons	52738
associated with the applicant have engaged in or are engaging in a	52739
substantial violation of this chapter that is endangering or may	52740
endanger human health or the environment or if, in the case of an	52741
applicant for an injection well drilling permit, the applicant, at	52742
the time of applying for the permit, did not hold an injection	52743
well operating permit or renewal of an injection well drilling	52744
permit and failed to demonstrate sufficient expertise and	52745
competency to operate the well in compliance with the applicable	52746
provisions of this chapter.	52747

If the director receives a disapproval from the chief of the	52748
division of mineral resources management regarding an application	52749
for an injection well drilling or operating permit, renewal	52750
permit, or modification, if required, the director shall issue an	52751
order denying the application.	52752

The director need not issue a proposed action under section	52753
3745.07 of the Revised Code or hold an adjudication hearing under	52754
that section and Chapter 119. of the Revised Code before issuing	52755
or denying a permit, renewal permit, or modification of a permit	52756
or renewal permit. Before issuing or renewing a permit to drill	52757
or operate a class I injection well or a modification of it, the	52758
director shall propose the permit, renewal permit, or modification	52759
in draft form and shall hold a public hearing to receive public	52760
comment on the draft permit, renewal permit, or modification. At	52761
least fifteen days before the public hearing on a draft permit,	52762
renewal permit, or modification, the director shall publish notice	52763
of the date, time, and location of the public hearing in at least	52764
one newspaper of general circulation serving the area where the	52765
well is or is to be located. The proposing of such a draft	52766
permit, renewal permit, or modification does not constitute the	52767
issuance of a proposed action under section 3745.07 of the Revised	52768
Code, and the holding of the public hearing on such a draft	52769
permit, renewal permit, or modification does not constitute the	52770
holding of an adjudication hearing under that section and Chapter	52771
119. of the Revised Code. Appeals of orders other than orders of	52772
the chief of the division of mineral resources management shall be	52773
taken under sections 3745.04 to 3745.08 of the Revised Code.	52774

The director may order that an injection well drilling permit	52775
or an injection well operating permit or renewal permit be	52776
suspended and that activities under it cease after determining	52777
that those activities are occurring in violation of law, rule,	52778
order, or term or condition of the permit. Upon service of a copy	52779
of the order upon the permit holder or the permit holder's	52780
authorized agent or assignee, the permit and activities under it	52781
shall be suspended immediately without prior hearing and shall	52782
remain suspended until the violation is corrected and the order of	52783
suspension is lifted. If a violation is the second within a	52784
one-year period, the director, after a hearing, may revoke the	52785
permit.	52786

The director may order that an injection well drilling permit	52787
or an injection well operating permit or renewal permit be	52788
suspended and that activities under it cease if the director has	52789
reasonable cause to believe that the permit would not have been	52790
issued if the information available at the time of suspension had	52791
been available at the time a determination was made by one of the	52792
agencies acting under authority of this section. Upon service of	52793
a copy of the order upon the permit holder or the permit holder's	52794
authorized agent or assignee, the permit and activities under it	52795
shall be suspended immediately without prior hearing, but a permit	52796
may not be suspended for that reason without prior hearing unless	52797
immediate suspension is necessary to prevent waste or	52798
contamination of oil or gas, comply with the Federal Water	52799
Pollution Control Act and regulations adopted under it; the "Safe	52800
Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as	52801
amended, and regulations adopted under it; and this chapter and	52802
the rules adopted under it, or prevent damage to valuable mineral	52803
resources, prevent contamination of an underground source of	52804
drinking water, or prevent danger to human life or health. If	52805
after a hearing the director determines that the permit would not	52806
have been issued if the information available at the time of the	52807
hearing had been available at the time a determination was made by	52808
one of the agencies acting under authority of this section, the	52809
director shall revoke the permit.	52810

When a permit has been revoked, the permit holder or other	52811
person responsible for it immediately shall plug the well in the	52812
manner required by the director.	52813

The director may issue orders to prevent or require cessation	52814
of violations of this section, section 6111.043, 6111.045,	52815
6111.046, or 6111.047 of the Revised Code, rules adopted under any	52816
of those sections, and terms or conditions of permits issued under	52817
any of them. The orders may require the elimination of conditions	52818
caused by the violation.	52819

Section 2. That existing sections 9.03, 9.06, 9.821, 9.822,	52820
101.15, 101.27, 101.30, 101.311, 101.34, 101.37, 101.72, 101.73,	52821
102.02, 102.03, 102.031, 102.06, 103.143, 105.41, 107.10, 111.16,	52822
111.18, 111.23, 111.25, 118.08, 120.06, 120.16, 120.26, 120.33,	52823
121.40, 121.63, 122.011, 122.71, 122.76, 122.92, 124.24, 124.82,	52824
125.22, 126.11, 126.21, 127.16, 131.01, 133.021, 133.06, 133.07,	52825
135.80, 135.81, 135.82, 135.83, 135.84, 135.85, 135.86, 135.87,	52826
140.01, 145.01, 145.33, 147.01, 147.02, 147.03, 147.05, 147.06,	52827
147.13, 147.14, 147.37, 147.371, 151.04, 166.03, 169.01, 173.35,	52828
173.40, 173.46, 173.47, 175.03, 175.21, 175.22, 175.24, 179.02,	52829
179.03, 179.04, 181.51, 181.52, 181.54, 181.55, 181.56, 183.09,	52830
183.10, 183.17, 183.28, 183.30, 301.27, 307.86, 313.091, 325.071,	52831
329.04, 329.042, 339.05, 340.02, 340.03, 340.08, 340.091, 349.01,	52832
503.162, 504.03, 504.04, 505.24, 507.09, 737.03, 901.43, 901.63,	52833
901.81, 901.82, 917.07, 917.99, 1309.40, 1309.401, 1309.402,	52834
1309.42, 1329.01, 1329.04, 1329.06, 1329.07, 1329.42, 1329.421,	52835
1329.45, 1329.56, 1329.58, 1329.60, 1329.601, 1345.21, 1501.01,	52836
1501.23, 1501.40, 1503.011, 1507.01, 1509.06, 1509.071, 1509.08,	52837
1509.11, 1509.23, 1513.05, 1513.13, 1513.14, 1514.11, 1517.05,	52838
1517.06, 1517.07, 1521.04, 1531.35, 1533.13, 1547.67, 1561.05,	52839
1561.07, 1561.11, 1561.12, 1561.13, 1561.14, 1561.15, 1561.16,	52840
1561.17, 1561.18, 1561.19, 1561.20, 1561.21, 1561.22, 1561.23,	52841
1561.26, 1561.35, 1561.351, 1561.46, 1561.51, 1561.52, 1563.13,	52842
1565.04, 1565.06, 1565.07, 1565.08, 1565.25, 1701.05, 1701.07,	52843
1701.81, 1702.05, 1702.06, 1702.43, 1702.59, 1703.04, 1703.041,	52844
1703.15, 1703.17, 1703.27, 1703.31, 1705.05, 1705.06, 1705.38,	52845
1705.55, 1746.04, 1746.06, 1746.15, 1747.03, 1747.04, 1747.10,	52846
1775.63, 1775.64, 1782.04, 1782.08, 1782.09, 1782.433, 1785.06,	52847
1901.26, 1907.24, 2303.201, 2317.02, 2317.022, 2329.66,	52848
2715.041, 2715.045, 2716.13, 2919.271, 2921.13, 2953.21, 3109.14,	52849
3119.022, 3301.075, 3301.70, 3301.80, 3301.85, 3307.05, 3311.057,	52850
3313.201, 3313.37, 3313.41, 3313.603, 3313.64, 3314.07, 3314.08,	52851
3314.09, 3316.20, 3317.01, 3317.012, 3317.013, 3317.014, 3317.02,	52852
3317.021, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0210,	52853
3317.0212, 3317.0213, 3317.0216, 3317.03, 3317.05, 3317.051,	52854
3317.06, 3317.064, 3317.10, 3317.11, 3317.13, 3317.16, 3317.161,	52855
3317.162, 3317.19, 3317.20, 3318.01, 3318.04, 3318.05, 3318.053,	52856
3318.06, 3318.08, 3318.10, 3318.12, 3318.31, 3318.36, 3318.362,	52857
3318.37, 3318.38, 3319.19, 3321.01, 3323.09, 3323.091, 3327.10,	52858
3333.02, 3333.03, 3333.043, 3333.12, 3333.13, 3333.21, 3333.22,	52859
3345.05, 3345.19, 3353.07, 3383.01, 3383.02, 3383.04, 3383.07,	52860
3505.063, 3701.04, 3701.142, 3701.77, 3701.771, 3701.772,	52861
3702.68, 3704.034, 3721.10, 3721.12, 3721.13, 3721.15, 3721.16,	52862
3721.17, 3721.51, 3721.56, 3722.01, 3722.15, 3722.16, 3734.28,	52863
3734.57, 3734.82, 3734.901, 3734.904, 3735.27, 3745.014, 3745.04,	52864
3745.11, 3745.22, 3750.02, 3750.13, 3769.08, 3769.085, 3769.087,	52865
3769.20, 3770.06, 3773.56, 3793.04, 3902.23, 3923.28, 3923.29,	52866
3923.30, 4105.17, 4115.10, 4121.44, 4123.27, 4301.12, 4301.17,	52867
4301.24, 4301.422, 4301.43, 4303.33, 4303.331, 4503.10, 4503.102,	52868
4503.12, 4503.182, 4504.05, 4505.061, 4506.08, 4507.23, 4507.24,	52869
4507.50, 4507.52, 4511.81, 4519.03, 4519.10, 4519.56, 4519.69,	52870
4701.10, 4701.16, 4707.01, 4707.011, 4707.02, 4707.03, 4707.04,	52871
4707.05, 4707.06, 4707.07, 4707.071, 4707.072, 4707.08, 4707.09,	52872
4707.10, 4707.11, 4707.111, 4707.12, 4707.13, 4707.15, 4707.152,	52873
4707.16, 4707.19, 4707.20, 4707.21, 4707.23, 4707.99, 4713.10,	52874
4715.03, 4715.13, 4715.14, 4715.16, 4715.21, 4715.24, 4715.27,	52875
4717.02, 4717.07, 4717.08, 4717.09, 4723.08, 4723.32, 4723.79,	52876
4725.44, 4725.48, 4725.49, 4731.14, 4731.281, 4731.53, 4734.20,	52877
4736.12, 4736.14, 4743.05, 4755.01, 4761.05, 4775.01, 4775.02,	52878
4775.08, 4775.99, 4779.01, 4779.02, 4779.16, 4779.19, 4779.20,	52879
4779.26, 4911.17, 4921.18, 4923.11, 5101.071, 5101.14, 5101.141,	52880
5101.145, 5101.184, 5101.19, 5101.35, 5101.36, 5101.50, 5101.521,	52881
5101.54, 5101.80, 5101.83, 5101.85, 5101.853, 5101.854, 5103.031,	52882
5103.033, 5103.036, 5103.0312, 5103.0313, 5103.0314, 5103.0316,	52883
5103.07, 5104.32, 5104.341, 5107.02, 5107.10, 5107.14, 5107.18,	52884
5108.01, 5108.06, 5108.07, 5108.08, 5108.09, 5108.10, 5111.01,	52885
5111.022, 5111.041, 5111.17, 5111.22, 5111.231, 5111.25,	52886
5111.251, 5111.262, 5111.28, 5111.29, 5111.87, 5119.01, 5119.06,	52887
5119.22, 5119.61, 5122.31, 5123.01, 5123.041, 5123.043, 5123.082,	52888
5123.60, 5123.71, 5123.76, 5126.01, 5126.041, 5126.042, 5126.05,	52889
5126.051, 5126.053, 5126.06, 5126.071, 5126.08, 5126.11, 5126.12,	52890
5126.15, 5126.16, 5126.18, 5126.19, 5126.20, 5126.22, 5126.25,	52891
5126.31, 5126.311, 5126.32, 5126.357, 5126.431, 5139.01, 5139.11,	52892
5139.29, 5139.31, 5153.16, 5153.165, 5153.60, 5153.69, 5153.78,	52893
5703.17, 5703.49, 5705.091, 5705.19, 5705.41, 5705.44, 5709.17,	52894
5711.33, 5721.30, 5725.31, 5727.25, 5727.26, 5727.81, 5727.811,	52895
5727.82, 5727.84, 5727.85, 5727.86, 5727.87, 5728.08, 5729.07,	52896
5731.21, 5733.02, 5733.021, 5733.053, 5733.056, 5733.06, 5733.12,	52897
5733.122, 5733.18, 5733.351, 5733.401, 5733.42, 5735.06,	52898
5735.061, 5739.01, 5739.02, 5739.024, 5739.032, 5739.07,	52899
5739.102, 5739.12, 5739.121, 5739.13, 5739.18, 5741.10, 5741.12,	52900
5743.62, 5743.63, 5745.03, 5745.04, 5747.122, 5747.221, 5747.39,	52901
5749.06, 6109.13, 6109.21, 6111.035, and 6111.044 and sections	52902
9.832, 103.31, 103.32, 105.45, 105.46, 121.51, 121.52, 121.53,	52903
131.41, 166.032, 307.031, 1329.68, 1503.35, 1503.351, 1507.12,	52904
1561.10, 1561.53, 1561.54, 1561.55, 2151.652, 3317.0215, 3318.052,	52905
3318.055, 3318.061, 3318.081, 3318.13, 3318.14, 3318.17, 3318.361,	52906
3701.88, 3702.17, 3729.01, 3729.02, 3729.03, 3729.05, 3729.10,	52907
3729.11, 3729.12, 3729.14, 3729.15, 3729.16, 3729.17, 3729.18,	52908
3729.21, 3729.22, 3729.23, 3729.24, 3729.26, 3729.29, 3729.36,	52909
3729.40, 3729.41, 3729.43, 3729.45, 3729.46, 3729.55, 3729.61,	52910
3729.99, 5101.143, 5101.52, 5101.541, 5101.542, 5101.543,	52911
5101.851, 5101.852, 5111.34, 5111.341, 5111.88, 5126.054,	52912
5139.28, and 5741.18 of the Revised Code are hereby repealed.	52913

Section 3. That sections 1517.05, 1517.06, and 1517.07 of the	52914
Revised Code be amended to read as follows:	52915

Sec. 1517.05.  The department of natural resources, for and	52916
on behalf of the state, shall acquire a system of nature preserves	52917
for the following uses and purposes:	52918

(A) For scientific research in such fields as ecology,	52919
taxonomy, genetics, forestry, pharmacology, agriculture, soil	52920
science, geology, paleontology, conservation, and similar fields;	52921

(B) For the teaching of biology, natural history, ecology,	52922
geology, conservation, and other subjects;	52923

(C) As habitats for plant and animal species and communities	52924
and other natural objects;	52925

(D) As reservoirs of natural materials;

52926

(E) As places of natural interest and beauty;

52927

(F) For visitation whereby persons may observe and	52928
experience natural biotic and environmental systems of the earth	52929
and their processes;	52930

(G) To promote understanding and appreciation of the	52931
aesthetic, cultural, scientific, and spiritual values of such	52932
areas by the people of the state;	52933

(H) For the preservation and protection of nature preserves	52934
against modification or encroachment resulting from occupation,	52935
development, or other use that would destroy their natural or	52936
aesthetic conditions.	52937

The director of natural resources, upon the advice and	52938
concurrence of the Ohio natural areas council, shall accept	52939
natural areas by articles of dedication or gift, provided that	52940
funds and services are available for their preservation and	52941
protection.	52942

A nature preserve is established when articles of dedication	52943
have been filed by or at the direction of the owner of land, or a	52944
governmental agency having ownership or control thereof, in the	52945
office of the county recorder of the county in which the land is	52946
located.	52947

Articles of dedication shall be executed by the owner of the	52948
land in the same manner and with the same effect as a conveyance	52949
of an interest in land and shall be irrevocable except as provided	52950
in this section. The county recorder may not accept articles of	52951
dedication for recording unless they have been accepted by the	52952
director of natural resources. The director may not accept	52953
articles of dedication unless they contain terms restricting the	52954
use of the land that adequately provide for its preservation and	52955
protection against modification or encroachment resulting from	52956
occupation, development, or other use that would destroy its	52957
natural or aesthetic conditions for one or more of the uses and	52958
purposes set forth in this section. Wherever possible and	52959
consistent with such preservation and protection of the land, the	52960
articles shall provide for public access in order that the maximum	52961
benefit be obtained for the uses and purposes stated in this	52962
section.	52963

Articles of dedication may contain provisions for the	52964
management, custody, and transfer of land, provisions defining the	52965
rights of the owner or operating agency, and the department, and	52966
such other provisions as may be necessary or advisable to carry	52967
out the uses and purposes for which the land is dedicated. They	52968
may contain conditions under which the owner and the director of	52969
natural resources may agree to rescind the articles.	52970

The attorney general, upon request of the director of natural	52971
resources, may bring an action for injunction in any court of	52972
competent jurisdiction to enforce the terms of articles of	52973
dedication.	52974

The department may make or accept amendments of any articles	52975
of dedication upon terms and conditions that the director of	52976
natural resources determines will not destroy the natural or	52977
aesthetic conditions of a preserve, including amendments that are	52978
in regard to a dedicated preserve not owned in fee simple by the	52979
department and that provide for the relocation of an existing	52980
easement, license, or right of way within the boundaries of the	52981
preserve if the relocation best serves to protect the natural or	52982
aesthetic condition of the preserve. If the fee simple interest in	52983
the area or preserve is not held by the state, no amendments shall	52984
be made without the written consent of the owner. Each amendment	52985
shall be recorded in the same manner as the articles of	52986
dedication.	52987

Sec. 1517.06. (A) Nature preserves dedicated under section	52988
1517.05 of the Revised Code are to be held in trust, for the uses	52989
and purposes set forth in that section, for the benefit of the	52990
people of the state of present and future generations. They shall	52991
be managed and protected in the manner approved by, and subject to	52992
rules established by the chief of the division of natural areas	52993
and preserves. They shall not be taken for any other use except	52994
another public use after a finding by the department of natural	52995
resources of the existence of an imperative and unavoidable public	52996
necessity for such other public use and with the approval of the	52997
governor. Except as may otherwise be provided in the articles of	52998
dedication, the department may grant, upon such terms and	52999
conditions as it may determine, an estate, interest, or right in,	53000
or dispose of, a nature preserve, but only after a finding by the	53001
department of the existence of an imperative and unavoidable	53002
public necessity for suchthe grant or disposition and with the	53003
approval of the governor.	53004

(B) For purposes of this section, the relocation of an	53005
existing easement, license, or right of way within the boundaries	53006
of a preserve does not constitute the taking of land for another	53007
use. In addition, the relocation does not require a finding of the	53008
existence of an imperative and unavoidable public necessity by the	53009
department and does not require the approval of the governor.	53010

Sec. 1517.07. (A) Except as provided in division (B) of this	53011
section, beforeBefore the department of natural resources makes	53012
any finding of the existence of an imperative and unavoidable	53013
public necessity, or grants any estate, interest, or right in a	53014
nature preserve or disposes of a nature preserve or of any estate,	53015
interest, or right therein as provided in section 1517.06 of the	53016
Revised Code, it shall give notice of the proposed action and an	53017
opportunity for any person to be heard at a public hearing in the	53018
county in which the preserve is located. In the event the preserve	53019
is located in more than one county, the public hearing shall be	53020
held in the most populous county. The notice shall be published at	53021
least once in a newspaper with a general circulation in the county	53022
in which the nature preserve is located. The notice shall set	53023
forth the substance of the proposed action and describe, with or	53024
without legal description, the nature preserve affected, and shall	53025
specify a place and time not less than thirty days after the	53026
publication for a public hearing before the department on the	53027
proposed action. All persons desiring to be heard shall have a	53028
reasonable opportunity to be heard prior to action by the	53029
department on suchthe proposal.	53030

(B) A public hearing under this section is not required for	53031
the relocation of an existing easement, license, or right of way	53032
within the boundaries of a preserve.	53033

Section 3a. That existing sections 1517.05, 1517.06, and	53034
1517.07 of the Revised Code are hereby repealed.	53035

Section 3b. Sections 3 and 3a of this act take effect two	53036
years after the effective date of this section.	53037

Section 4. That the versions of sections 5139.29, 5139.31,	53038
and 5705.19 of the Revised Code that are scheduled to take effect	53039
January 1, 2002, be amended to read as follows:	53040

Sec. 5139.29.  The department of youth services shall adopt	53041
and promulgate regulations prescribing the method of calculating	53042
the amount of and the time and manner for the payment of financial	53043
assistance granted under sections 5139.27,and 5139.271, and	53044
5139.28 of the Revised Code, for the construction or acquisition	53045
of a district detention facility established under section 2152.41	53046
of the Revised Code, or for the construction and maintenance of a	53047
school, forestry camp, or other facility established under section	53048
2151.65 of the Revised Code.	53049

Sec. 5139.31.  The department of youth services may inspect	53050
any school, forestry camp, district detention facility, or other	53051
facility for which an application for financial assistance has	53052
been made to the department under section 2152.43,or 2151.651,	53053
or 2151.652 of the Revised Code or for which financial assistance	53054
has been granted by the department under section 5139.27,	53055
5139.271, 5139.28, or 5139.281 of the Revised Code. The	53056
inspection may include, but need not be limited to, examination	53057
and evaluation of the physical condition of the school, forestry	53058
camp, district detention facility, or other facility, including	53059
any equipment used in connection with it; observation and	53060
evaluation of the training and treatment of children admitted to	53061
it; examination and analysis and copying of any papers, records,	53062
or other documents relating to the qualifications of personnel,	53063
the commitment of children to it, and its administration.	53064

Sec. 5705.19.  This section does not apply to school	53065
districts or county school financing districts.	53066

The taxing authority of any subdivision at any time and in	53067
any year, by vote of two-thirds of all the members of the taxing	53068
authority, may declare by resolution and certify the resolution to	53069
the board of elections not less than seventy-five days before the	53070
election upon which it will be voted that the amount of taxes that	53071
may be raised within the ten-mill limitation will be insufficient	53072
to provide for the necessary requirements of the subdivision and	53073
that it is necessary to levy a tax in excess of that limitation	53074
for any of the following purposes:	53075

(A) For current expenses of the subdivision, except that the	53076
total levy for current expenses of a detention facility district	53077
or district organized under section 2151.65 of the Revised Code	53078
shall not exceed two mills and that the total levy for current	53079
expenses of a combined district organized under sections 2152.41	53080
and 2151.65 of the Revised Code shall not exceed four mills;	53081

(B) For the payment of debt charges on certain described	53082
bonds, notes, or certificates of indebtedness of the subdivision	53083
issued subsequent to January 1, 1925;	53084

(C) For the debt charges on all bonds, notes, and	53085
certificates of indebtedness issued and authorized to be issued	53086
prior to January 1, 1925;	53087

(D) For a public library of, or supported by, the	53088
subdivision under whatever law organized or authorized to be	53089
supported;	53090

(E) For a municipal university, not to exceed two mills over	53091
the limitation of one mill prescribed in section 3349.13 of the	53092
Revised Code;	53093

(F) For the construction or acquisition of any specific	53094
permanent improvement or class of improvements that the taxing	53095
authority of the subdivision may include in a single bond issue;	53096

(G) For the general construction, reconstruction,	53097
resurfacing, and repair of streets, roads, and bridges in	53098
municipal corporations, counties, or townships;	53099

(H) For recreational purposes;

53100

(I) For the purpose of providing and maintaining fire	53101
apparatus, appliances, buildings, or sites therefor, or sources of	53102
water supply and materials therefor, or the establishment and	53103
maintenance of lines of fire alarm telegraph, or the payment of	53104
permanent, part-time, or volunteer firefighters or firefighting	53105
companies to operate the same, including the payment of the	53106
firefighter employers' contribution required under section 742.34	53107
of the Revised Code, or the purchase of ambulance equipment, or	53108
the provision of ambulance, paramedic, or other emergency medical	53109
services operated by a fire department or firefighting company;	53110

(J) For the purpose of providing and maintaining motor	53111
vehicles, communications, and other equipment used directly in the	53112
operation of a police department, or the payment of salaries of	53113
permanent police personnel, including the payment of the police	53114
officer employers' contribution required under section 742.33 of	53115
the Revised Code, or the payment of the costs incurred by	53116
townships as a result of contracts made with other political	53117
subdivisions in order to obtain police protection, or the	53118
provision of ambulance or emergency medical services operated by a	53119
police department;	53120

(K) For the maintenance and operation of a county home or	53121
detention facility;	53122

(L) For community mental retardation and developmental	53123
disabilities programs and services pursuant to Chapter 5126. of	53124
the Revised Code, except that the procedure for such levies shall	53125
be as provided in section 5705.222 of the Revised Code;	53126

(M) For regional planning;

53127

(N) For a county's share of the cost of maintaining and	53128
operating schools, district detention facilities, forestry camps,	53129
or other facilities, or any combination thereof, established under	53130
section 2152.41 or 2151.65 of the Revised Code or both of those	53131
sections;	53132

(O) For providing for flood defense, providing and	53133
maintaining a flood wall or pumps, and other purposes to prevent	53134
floods;	53135

(P) For maintaining and operating sewage disposal plants and	53136
facilities;	53137

(Q) For the purpose of purchasing, acquiring, constructing,	53138
enlarging, improving, equipping, repairing, maintaining, or	53139
operating, or any combination of the foregoing, a county transit	53140
system pursuant to sections 306.01 to 306.13 of the Revised Code,	53141
or of making any payment to a board of county commissioners	53142
operating a transit system or a county transit board pursuant to	53143
section 306.06 of the Revised Code;	53144

(R) For the subdivision's share of the cost of acquiring or	53145
constructing any schools, forestry camps, detention facilities,	53146
or other facilities, or any combination thereof, under section	53147
2152.41 or 2151.65 of the Revised Code or both of those sections;	53148

(S) For the prevention, control, and abatement of air	53149
pollution;	53150

(T) For maintaining and operating cemeteries;

53151

(U) For providing ambulance service, emergency medical	53152
service, or both;	53153

(V) For providing for the collection and disposal of garbage	53154
or refuse, including yard waste;	53155

(W) For the payment of the police officer employers'	53156
contribution or the firefighter employers' contribution required	53157
under sections 742.33 and 742.34 of the Revised Code;	53158

(X) For the construction and maintenance of a drainage	53159
improvement pursuant to section 6131.52 of the Revised Code;	53160

(Y) For providing or maintaining senior citizens services or	53161
facilities as authorized by section 307.694, 307.85, 505.70, or	53162
505.706 or division (EE) of section 717.01 of the Revised Code;	53163

(Z) For the provision and maintenance of zoological park	53164
services and facilities as authorized under section 307.76 of the	53165
Revised Code;	53166

(AA) For the maintenance and operation of a free public	53167
museum of art, science, or history;	53168

(BB) For the establishment and operation of a 9-1-1 system,	53169
as defined in section 4931.40 of the Revised Code;	53170

(CC) For the purpose of acquiring, rehabilitating, or	53171
developing rail property or rail service. As used in this	53172
division, "rail property" and "rail service" have the same	53173
meanings as in section 4981.01 of the Revised Code. This division	53174
applies only to a county, township, or municipal corporation.	53175

(DD) For the purpose of acquiring property for,	53176
constructing, operating, and maintaining community centers as	53177
provided for in section 755.16 of the Revised Code;	53178

(EE) For the creation and operation of an office or joint	53179
office of economic development, for any economic development	53180
purpose of the office, and to otherwise provide for the	53181
establishment and operation of a program of economic development	53182
pursuant to sections 307.07 and 307.64 of the Revised Code;	53183

(FF) For the purpose of acquiring, establishing,	53184
constructing, improving, equipping, maintaining, or operating, or	53185
any combination of the foregoing, a township airport, landing	53186
field, or other air navigation facility pursuant to section 505.15	53187
of the Revised Code;	53188

(GG) For the payment of costs incurred by a township as a	53189
result of a contract made with a county pursuant to section	53190
505.263 of the Revised Code in order to pay all or any part of the	53191
cost of constructing, maintaining, repairing, or operating a water	53192
supply improvement;	53193

(HH) For a board of township trustees to acquire, other than	53194
by appropriation, an ownership interest in land, water, or	53195
wetlands, or to restore or maintain land, water, or wetlands in	53196
which the board has an ownership interest, not for purposes of	53197
recreation, but for the purposes of protecting and preserving the	53198
natural, scenic, open, or wooded condition of the land, water, or	53199
wetlands against modification or encroachment resulting from	53200
occupation, development, or other use, which may be styled as	53201
protecting or preserving "greenspace" in the resolution, notice of	53202
election, or ballot form;	53203

(II) For the support by a county of a crime victim	53204
assistance program that is provided and maintained by a county	53205
agency or a private, nonprofit corporation or association under	53206
section 307.62 of the Revised Code;	53207

(JJ) For any or all of the purposes set forth in divisions	53208
(I) and (J) of this section. This division applies only to a	53209
township.	53210

(KK) For a countywide public safety communications system	53211
under section 307.63 of the Revised Code. This division applies	53212
only to counties.	53213

(LL) For the support by a county of criminal justice	53214
services under section 307.45 of the Revised Code;	53215

(MM) For the purpose of maintaining and operating a jail or	53216
other detention facility as defined in section 2921.01 of the	53217
Revised Code;	53218

(NN) For purchasing, maintaining, or improving, or any	53219
combination of the foregoing, real estate on which to hold	53220
agricultural fairs. This division applies only to a county.	53221

(OO) For constructing, rehabilitating, repairing, or	53222
maintaining sidewalks, walkways, trails, bicycle pathways, or	53223
similar improvements, or acquiring ownership interests in land	53224
necessary for the foregoing improvements, by a board of township	53225
trustees;	53226

(PP) For both of the purposes set forth in divisions (G) and	53227
(OO) of this section. This division applies only to a township.	53228

(QQ) For both of the purposes set forth in divisions (H) and	53229
(HH) of this section. This division applies only to a township.	53230

(RR) For the legislative authority of a municipal	53231
corporation, board of county commissioners of a county, or board	53232
of township trustees of a township to acquire agricultural	53233
easements, as defined in section 5301.67 of the Revised Code, and	53234
to supervise and enforce the easements.	53235

(SS) For both of the purposes set forth in divisions (BB)	53236
and (KK) of this section. This division applies only to a county.	53237

The resolution shall be confined to the purpose or purposes	53238
described in one division of this section, to which the revenue	53239
derived therefrom shall be applied. The existence in any other	53240
division of this section of authority to levy a tax for any part	53241
or all of the same purpose or purposes does not preclude the use	53242
of such revenues for any part of the purpose or purposes of the	53243
division under which the resolution is adopted.	53244

The resolution shall specify the amount of the increase in	53245
rate that it is necessary to levy, the purpose of that increase in	53246
rate, and the number of years during which the increase in rate	53247
shall be in effect, which may or may not include a levy upon the	53248
duplicate of the current year. The number of years may be any	53249
number not exceeding five, except as follows:	53250

(1) When the additional rate is for the payment of debt	53251
charges, the increased rate shall be for the life of the	53252
indebtedness.	53253

(2) When the additional rate is for any of the following,	53254
the increased rate shall be for a continuing period of time:	53255

(a) For the current expenses for a detention facility	53256
district, a district organized under section 2151.65 of the	53257
Revised Code, or a combined district organized under sections	53258
2152.41 and 2151.65 of the Revised Code;	53259

(b) For providing a county's share of the cost of	53260
maintaining and operating schools, district detention facilities,	53261
forestry camps, or other facilities, or any combination thereof,	53262
established under section 2152.41 or 2151.65 of the Revised Code	53263
or under both of those sections.	53264

(3) When the additional rate is for any of the following,	53265
the increased rate may be for a continuing period of time:	53266

(a) For the purposes set forth in division (I), (J), (U), or	53267
(KK) of this section;	53268

(b) For the maintenance and operation of a joint recreation	53269
district;	53270

(c) A levy imposed by a township for the purposes set forth	53271
in division (G) of this section.	53272

(4) When the increase is for the purpose set forth in	53273
division (D) or (CC) of this section or for both of the purposes	53274
set forth in divisions (G) and (OO) of this section, the tax levy	53275
may be for any specified number of years or for a continuing	53276
period of time, as set forth in the resolution.	53277

(5) When the additional rate is for the purpose described in	53278
division (Z) of this section, the increased rate shall be for any	53279
number of years not exceeding ten.	53280

A levy for the purposes set forth in division (I), (J), or	53281
(U) of this section, and a levy imposed by a township for the	53282
purposes set forth in division (G) of this section, may be reduced	53283
pursuant to section 5705.261 or 5705.31 of the Revised Code. A	53284
levy for the purposes set forth in division (I), (J), or (U) of	53285
this section, and a levy imposed by a township for the purposes	53286
set forth in division (G) of this section, may also be terminated	53287
or permanently reduced by the taxing authority if it adopts a	53288
resolution stating that the continuance of the levy is unnecessary	53289
and the levy shall be terminated or that the millage is excessive	53290
and the levy shall be decreased by a designated amount.	53291

A resolution of a detention facility district, a district	53292
organized under section 2151.65 of the Revised Code, or a combined	53293
district organized under both sections 2152.41 and 2151.65 of the	53294
Revised Code may include both current expenses and other purposes,	53295
provided that the resolution shall apportion the annual rate of	53296
levy between the current expenses and the other purpose or	53297
purposes. The apportionment need not be the same for each year of	53298
the levy, but the respective portions of the rate actually levied	53299
each year for the current expenses and the other purpose or	53300
purposes shall be limited by the apportionment.	53301

Whenever a board of county commissioners, acting either as	53302
the taxing authority of its county or as the taxing authority of a	53303
sewer district or subdistrict created under Chapter 6117. of the	53304
Revised Code, by resolution declares it necessary to levy a tax in	53305
excess of the ten-mill limitation for the purpose of constructing,	53306
improving, or extending sewage disposal plants or sewage systems,	53307
the tax may be in effect for any number of years not exceeding	53308
twenty, and the proceeds of the tax, notwithstanding the general	53309
provisions of this section, may be used to pay debt charges on any	53310
obligations issued and outstanding on behalf of the subdivision	53311
for the purposes enumerated in this paragraph, provided that any	53312
such obligations have been specifically described in the	53313
resolution.	53314

The resolution shall go into immediate effect upon its	53315
passage, and no publication of the resolution is necessary other	53316
than that provided for in the notice of election.	53317

When the electors of a subdivision have approved a tax levy	53318
under this section, the taxing authority of the subdivision may	53319
anticipate a fraction of the proceeds of the levy and issue	53320
anticipation notes in accordance with section 5705.191 or 5705.193	53321
of the Revised Code.	53322

Section 4a. That the existing versions of sections 5139.29,	53323
5139.31, and 5705.19 and the version of section 2151.652 of the	53324
Revised Code that are scheduled to take effect January 1, 2002,	53325
are hereby repealed.	53326

Section 5. Sections 4 and 4a of this act shall take effect on	53327
January 1, 2002.	53328

Section 6. That the versions of sections 5139.01 and 5139.11	53329
of the Revised Code that are scheduled to take effect January 1,	53330
2002, be amended to read as follows:	53331

Sec. 5139.01.  (A) As used in this chapter:

53332

(1) "Commitment" means the transfer of the physical custody	53333
of a child or youth from the court to the department of youth	53334
services.	53335

(2) "Permanent commitment" means a commitment that vests	53336
legal custody of a child in the department of youth services.	53337

(3) "Legal custody," insofar as it pertains to the status	53338
that is created when a child is permanently committed to the	53339
department of youth services, means a legal status in which the	53340
department has the following rights and responsibilities: the	53341
right to have physical possession of the child; the right and duty	53342
to train, protect, and control the child; the responsibility to	53343
provide the child with food, clothing, shelter, education, and	53344
medical care; and the right to determine where and with whom the	53345
child shall live, subject to the minimum periods of, or periods	53346
of, institutional care prescribed in sections 2152.13 to 2152.18	53347
of the Revised Code; provided, that these rights and	53348
responsibilities are exercised subject to the powers, rights,	53349
duties, and responsibilities of the guardian of the person of the	53350
child, and subject to any residual parental rights and	53351
responsibilities.	53352

(4) Unless the context requires a different meaning,	53353
"institution" means a state facility that is created by the	53354
general assembly and that is under the management and control of	53355
the department of youth services or a private entity with which	53356
the department has contracted for the institutional care and	53357
custody of felony delinquents.	53358

(5) "Full-time care" means care for twenty-four hours a day	53359
for over a period of at least two consecutive weeks.	53360

(6) "Placement" means the conditional release of a child	53361
under the terms and conditions that are specified by the	53362
department of youth services. The department shall retain legal	53363
custody of a child released pursuant to division (C) of section	53364
2152.22 of the Revised Code or division (C) of section 5139.06 of	53365
the Revised Code until the time that it discharges the child or	53366
until the legal custody is terminated as otherwise provided by	53367
law.	53368

(7) "Home placement" means the placement of a child in the	53369
home of the child's parent or parents or in the home of the	53370
guardian of the child's person.	53371

(8) "Discharge" means that the department of youth services'	53372
legal custody of a child is terminated.	53373

(9) "Release" means the termination of a child's stay in an	53374
institution and the subsequent period during which the child	53375
returns to the community under the terms and conditions of	53376
supervised release.	53377

(10) "Delinquent child" has the same meaning as in section	53378
2152.02 of the Revised Code.	53379

(11) "Felony delinquent" means any child who is at least	53380
twelve years of age but less than eighteen years of age and who is	53381
adjudicated a delinquent child for having committed an act that if	53382
committed by an adult would be a felony. "Felony delinquent"	53383
includes any adult who is between the ages of eighteen and	53384
twenty-one and who is in the legal custody of the department of	53385
youth services for having committed an act that if committed by an	53386
adult would be a felony.	53387

(12) "Juvenile traffic offender" has the same meaning as in	53388
section 2152.02 of the Revised Code.	53389

(13) "Public safety beds" means all of the following:

53390

(a) Felony delinquents who have been committed to the	53391
department of youth services for the commission of an act, other	53392
than a violation of section 2911.01 or 2911.11 of the Revised	53393
Code, that is a category one offense or a category two offense and	53394
who are in the care and custody of an institution or have been	53395
diverted from care and custody in an institution and placed in a	53396
community corrections facility;	53397

(b) Felony delinquents who, while committed to the	53398
department of youth services and in the care and custody of an	53399
institution or a community corrections facility, are adjudicated	53400
delinquent children for having committed in that institution or	53401
community corrections facility an act that if committed by an	53402
adult would be a felony;	53403

(c) Children who satisfy all of the following:

53404

(i) They are at least twelve years of age but less than	53405
eighteen years of age.	53406

(ii) They are adjudicated delinquent children for having	53407
committed acts that if committed by an adult would be a felony.	53408

(iii) They are committed to the department of youth services	53409
by the juvenile court of a county that has had one-tenth of one	53410
per cent or less of the statewide adjudications for felony	53411
delinquents as averaged for the past four fiscal years.	53412

(iv) They are in the care and custody of an institution or a	53413
community corrections facility.	53414

(d) Felony delinquents who, while committed to the	53415
department of youth services and in the care and custody of an	53416
institution, commit in that institution an act that if committed	53417
by an adult would be a felony, who are serving disciplinary time	53418
for having committed that act, and who have been institutionalized	53419
or institutionalized in a secure facility for the minimum period	53420
of time specified in divisions (A)(1)(b) to (e) of section	53421
2152.16 of the Revised Code.	53422

(e) Felony delinquents who are subject to and serving a	53423
three-year period of commitment order imposed by a juvenile court	53424
pursuant to divisions (A) and (B) of section 2152.17 of the	53425
Revised Code for an act, other than a violation of section 2911.11	53426
of the Revised Code, that would be a category one offense or	53427
category two offense if committed by an adult.	53428

(f) Felony delinquents who are described in divisions	53429
(A)(13)(a) to (e) of this section, who have been granted a	53430
judicial release to court supervision under division (B) of	53431
section 2152.22 of the Revised Code or a judicial release to the	53432
department of youth services supervision under division (C) of	53433
that section from the commitment to the department of youth	53434
services for the act described in divisions (A)(13)(a) to (e) of	53435
this section, who have violated the terms and conditions of that	53436
release, and who, pursuant to an order of the court of the county	53437
in which the particular felony delinquent was placed on release	53438
that is issued pursuant to division (D) of section 2152.22 of the	53439
Revised Code, have been returned to the department for	53440
institutionalization or institutionalization in a secure facility.	53441

(g) Felony delinquents who have been committed to the	53442
custody of the department of youth services, who have been granted	53443
supervised release from the commitment pursuant to section 5139.51	53444
of the Revised Code, who have violated the terms and conditions of	53445
that supervised release, and who, pursuant to an order of the	53446
court of the county in which the particular child was placed on	53447
supervised release issued pursuant to division (F) of section	53448
5139.52 of the Revised Code, have had the supervised release	53449
revoked and have been returned to the department for	53450
institutionalization. A felony delinquent described in this	53451
division shall be a public safety bed only for the time during	53452
which the felony delinquent is institutionalized as a result of	53453
the revocation subsequent to the initial thirty-day period of	53454
institutionalization required by division (F) of section 5139.52	53455
of the Revised Code.	53456

(14) "State target youth" means twenty-five per cent of the	53457
projected total number of felony delinquents for each year of a	53458
biennium, factoring in revocations and recommitments.	53459

(15) Unless the context requires a different meaning,	53460
"community corrections facility" means a county or multicounty	53461
rehabilitation center for felony delinquents who have been	53462
committed to the department of youth services and diverted from	53463
care and custody in an institution and placed in the	53464
rehabilitation center pursuant to division (E) of section 5139.36	53465
of the Revised Code.	53466

(16) "Secure facility" means any facility that is designed	53467
and operated to ensure that all of its entrances and exits are	53468
under the exclusive control of its staff and to ensure that,	53469
because of that exclusive control, no child who has been	53470
institutionalized in the facility may leave the facility without	53471
permission or supervision.	53472

(17) "Community residential program" means a program that	53473
satisfies both of the following:	53474

(a) It is housed in a building or other structure that has	53475
no associated major restraining construction, including, but not	53476
limited to, a security fence.	53477

(b) It provides twenty-four-hour care, supervision, and	53478
programs for felony delinquents who are in residence.	53479

(18) "Category one offense" and "category two offense" have	53480
the same meanings as in section 2151.26 of the Revised Code.	53481

(19) "Disciplinary time" means additional time that the	53482
department of youth services requires a felony delinquent to serve	53483
in an institution, that delays the person's or felony delinquent's	53484
planned release, and that the department imposes upon the person	53485
or felony delinquent following the conduct of an internal due	53486
process hearing for having committed any of the following acts	53487
while committed to the department and in the care and custody of	53488
an institution:	53489

(a) An act that if committed by an adult would be a felony;

53490

(b) An act that if committed by an adult would be a	53491
misdemeanor;	53492

(c) An act that is not described in division (A)(19)(a) or	53493
(b) of this section and that violates an institutional rule of	53494
conduct of the department.	53495

(20) "Unruly child" has the same meaning as in section	53496
2151.022 of the Revised Code.	53497

(21) "Revocation" means the act of revoking a child's	53498
supervised release for a violation of a term or condition of the	53499
child's supervised release in accordance with section 5139.52 of	53500
the Revised Code.	53501

(22) "Release authority" means the release authority of the	53502
department of youth services that is established by section	53503
5139.50 of the Revised Code.	53504

(23) "Supervised release" means the event of the release of a	53505
child under this chapter from an institution and the period after	53506
that release during which the child is supervised and assisted by	53507
an employee of the department of youth services under specific	53508
terms and conditions for reintegration of the child into the	53509
community.	53510

(24) "Victim" means the person identified in a police report,	53511
complaint, or information as the victim of an act that would have	53512
been a criminal offense if committed by an adult and that provided	53513
the basis for adjudication proceedings resulting in a child's	53514
commitment to the legal custody of the department of youth	53515
services.	53516

(25) "Victim's representative" means a member of the victim's	53517
family or another person whom the victim or another authorized	53518
person designates in writing, pursuant to section 5139.56 of the	53519
Revised Code, to represent the victim with respect to proceedings	53520
of the release authority of the department of youth services and	53521
with respect to other matters specified in that section.	53522

(26) "Member of the victim's family" means a spouse, child,	53523
stepchild, sibling, parent, stepparent, grandparent, other	53524
relative, or legal guardian of a child but does not include a	53525
person charged with, convicted of, or adjudicated a delinquent	53526
child for committing a criminal or delinquent act against the	53527
victim or another criminal or delinquent act arising out of the	53528
same conduct, criminal or delinquent episode, or plan as the	53529
criminal or delinquent act committed against the victim.	53530

(27) "Judicial release to court supervision" means a release	53531
of a child from institutional care or institutional care in a	53532
secure facility that is granted by a court pursuant to division	53533
(B) of section 2152.22 of the Revised Code during the period	53534
specified in that division.	53535

(28) "Judicial release to department of youth services	53536
supervision" means a release of a child from institutional care or	53537
institutional care in a secure facility that is granted by a court	53538
pursuant to division (C) of section 2152.22 of the Revised Code	53539
during the period specified in that division.	53540

(29) "Juvenile justice system" includes all of the functions	53541
of the juvenile courts, the department of youth services, any	53542
public or private agency whose purposes include the prevention of	53543
delinquency or the diversion, adjudication, detention, or	53544
rehabilitation of delinquent children, and any of the functions of	53545
the criminal justice system that are applicable to children.	53546

(30) "Metropolitan county criminal justice services agency"	53547
means an agency that is established pursuant to division (A) of	53548
section 181.54 of the Revised Code.	53549

(31) "Administrative planning district" means a district that	53550
is established pursuant to division (A) or (B) of section 181.56	53551
of the Revised Code.	53552

(32) "Criminal justice coordinating council" means a criminal	53553
justice services agency that is established pursuant to division	53554
(D) of section 181.56 of the Revised Code.	53555

(33) "Comprehensive plan" means a document that coordinates,	53556
evaluates, and otherwise assists, on an annual or multi-year	53557
basis, all of the functions of the juvenile justice systems of the	53558
state or a specified area of the state, that conforms to the	53559
priorities of the state with respect to juvenile justice systems,	53560
and that conforms with the requirements of all federal criminal	53561
justice acts. These functions include, but are not limited to,	53562
all of the following:	53563

(a) Delinquency;

53564

(b) Identification, detection, apprehension, and detention	53565
of persons charged with delinquent acts;	53566

(c) Assistance to crime victims or witnesses, except that	53567
the comprehensive plan does not include the functions of the	53568
attorney general pursuant to sections 109.91 and 109.92 of the	53569
Revised Code;	53570

(d) Adjudication or diversion of persons charged with	53571
delinquent acts;	53572

(e) Custodial treatment of delinquent children;

53573

(f) Institutional and noninstitutional rehabilitation of	53574
delinquent children.	53575

(B) There is hereby created the department of youth	53576
services. The governor shall appoint the director of the	53577
department with the advice and consent of the senate. The	53578
director shall hold office during the term of the appointing	53579
governor but subject to removal at the pleasure of the governor.	53580
Except as otherwise authorized in section 108.05 of the Revised	53581
Code, the director shall devote the director's entire time to the	53582
duties of the director's office and shall hold no other office or	53583
position of trust or profit during the director's term of office.	53584

The director is the chief executive and administrative	53585
officer of the department and has all the powers of a department	53586
head set forth in Chapter 121. of the Revised Code. The director	53587
may adopt rules for the government of the department, the conduct	53588
of its officers and employees, the performance of its business,	53589
and the custody, use, and preservation of the department's	53590
records, papers, books, documents, and property. The director	53591
shall be an appointing authority within the meaning of Chapter	53592
124. of the Revised Code. Whenever this or any other chapter or	53593
section of the Revised Code imposes a duty on or requires an	53594
action of the department, the duty or action shall be performed by	53595
the director or, upon the director's order, in the name of the	53596
department.	53597

Sec. 5139.11.  The department of youth services shall do all	53598
of the following:	53599

(A) Through a program of education, promotion, and	53600
organization, form groups of local citizens and assist these	53601
groups in conducting activities aimed at the prevention and	53602
control of juvenile delinquency, making use of local people and	53603
resources for the following purposes:	53604

(1) Combatting local conditions known to contribute to	53605
juvenile delinquency;	53606

(2) Developing recreational and other programs for youth	53607
work;	53608

(3) Providing adult sponsors for delinquent children cases;

53609

(4) Dealing with other related problems of the locality.

53610

(B) Advise local, state, and federal officials, public and	53611
private agencies, and lay groups on the needs for and possible	53612
methods of the reduction and prevention of juvenile delinquency	53613
and the treatment of delinquent children;	53614

(C) Consult with the schools and courts of this state on the	53615
development of programs for the reduction and prevention of	53616
delinquency and the treatment of delinquents;	53617

(D) Cooperate with other agencies whose services deal with	53618
the care and treatment of delinquent children to the end that	53619
delinquent children who are state wards may be assisted whenever	53620
possible to a successful adjustment outside of institutional care;	53621

(E) Cooperate with other agencies in surveying, developing,	53622
and utilizing the recreational resources of a community as a means	53623
of combatting the problem of juvenile delinquency and effectuating	53624
rehabilitation;	53625

(F) Hold district and state conferences from time to time in	53626
order to acquaint the public with current problems of juvenile	53627
delinquency and develop a sense of civic responsibility toward the	53628
prevention of juvenile delinquency;	53629

(G) Assemble and distribute information relating to juvenile	53630
delinquency and report on studies relating to community conditions	53631
that affect the problem of juvenile delinquency;	53632

(H) Assist any community within the state by conducting a	53633
comprehensive survey of the community's available public and	53634
private resources, and recommend methods of establishing a	53635
community program for combatting juvenile delinquency and crime,	53636
but no survey of that type shall be conducted unless local	53637
individuals and groups request it through their local authorities,	53638
and no request of that type shall be interpreted as binding the	53639
community to following the recommendations made as a result of the	53640
request;	53641

(I) Evaluate the rehabilitation of children committed to the	53642
department and prepare and submit periodic reports to the	53643
committing court for the following purposes:	53644

(1) Evaluating the effectiveness of institutional treatment;

53645

(2) Making recommendations for judicial release under	53646
section 2152.22 of the Revised Code if appropriate and	53647
recommending conditions for judicial release;	53648

(3) Reviewing the placement of children and recommending	53649
alternative placements where appropriate.	53650

(J) Coordinate dates for hearings to be conducted under	53651
section 2152.22 of the Revised Code and assist in the transfer	53652
and release of children from institutionalization to the custody	53653
of the committing court;	53654

(K)(1) Coordinate and assist juvenile justice systems by	53655
doing the following:	53656

(a) Performing juvenile justice system planning in the state,	53657
including any planning that is required by any federal law;	53658

(b) Collecting, analyzing, and correlating information and	53659
data concerning the juvenile justice system in the state;	53660

(c) Cooperating with and providing technical assistance to	53661
state departments, administrative planning districts, metropolitan	53662
county criminal justice services agencies, criminal justice	53663
coordinating councils, and agencies, offices, and departments of	53664
the juvenile justice system in the state, and other appropriate	53665
organizations and persons;	53666

(d) Encouraging and assisting agencies, offices, and	53667
departments of the juvenile justice system in the state and other	53668
appropriate organizations and persons to solve problems that	53669
relate to the duties of the department;	53670

(e) Administering within the state any juvenile justice acts	53671
and programs that the governor requires the department to	53672
administer;	53673

(f) Implementing the state comprehensive plans;

53674

(g) Auditing grant activities of agencies, offices,	53675
organizations, and persons that are financed in whole or in part	53676
by funds granted through the department;	53677

(h) Monitoring or evaluating the performance of juvenile	53678
justice system projects and programs in the state that are	53679
financed in whole or in part by funds granted through the	53680
department;	53681

(i) Applying for, allocating, disbursing, and accounting for	53682
grants that are made available pursuant to federal juvenile	53683
justice acts, or made available from other federal, state, or	53684
private sources, to improve the criminal and juvenile justice	53685
systems in the state. All money from federal juvenile justice act	53686
grants shall, if the terms under which the money is received	53687
require that the money be deposited into an interest bearing fund	53688
or account, be deposited in the state treasury to the credit of	53689
the federal juvenile justice program purposes fund, which is	53690
hereby created. All investment earnings shall be credited to the	53691
fund.	53692

(j) Contracting with federal, state, and local agencies,	53693
foundations, corporations, businesses, and persons when necessary	53694
to carry out the duties of the department;	53695

(k) Overseeing the activities of metropolitan county	53696
criminal justice services agencies, administrative planning	53697
districts, and juvenile justice coordinating councils in the	53698
state;	53699

(l) Advising the general assembly and governor on	53700
legislation and other significant matters that pertain to the	53701
improvement and reform of the juvenile justice system in the	53702
state;	53703

(m) Preparing and recommending legislation to the general	53704
assembly and governor for the improvement of the juvenile justice	53705
system in the state;	53706

(n) Assisting, advising, and making any reports that are	53707
required by the governor, attorney general, or general assembly;	53708

(o) Adopting rules pursuant to Chapter 119. of the Revised	53709
Code.	53710

(2) Division (K)(1) of this section does not limit the	53711
discretion or authority of the attorney general with respect to	53712
crime victim assistance and criminal and juvenile justice	53713
programs.	53714

(3) Nothing in division (K)(1) of this section is intended	53715
to diminish or alter the status of the office of the attorney	53716
general as a criminal justice services agency.	53717

(4) The governor may appoint any advisory committees to	53718
assist the department that the governor considers appropriate or	53719
that are required under any state or federal law.	53720

Section 7. That the existing versions of sections 5139.01 and	53721
5139.11 of the Revised Code that are scheduled to take effect	53722
January 1, 2002, are hereby repealed.	53723

Section 8. Sections 6 and 7 of this act shall take effect on	53724
January 1, 2002.	53725

Section 9.  Except as otherwise provided, all appropriation	53726
items (AI) in this act are appropriated out of any moneys in the	53727
state treasury to the credit of the designated fund that are not	53728
otherwise appropriated. For all appropriations made in this act,	53729
the amounts in the first column are for fiscal year 2002 and the	53730
amounts in the second column are for fiscal year 2003.	53731

Section 10.  ACC ACCOUNTANCY BOARD OF OHIO

53734

General Services Fund Group

53735

Section 11.  PAY ACCRUED LEAVE LIABILITY

53742

Accrued Leave Liability Fund Group

53743

Agency Fund Group

53748

ACCRUED LEAVE LIABILITY FUND

53755

The foregoing appropriation item 995-666, Accrued Leave Fund,	53756
shall be used to make payments from the Accrued Leave Liability	53757
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	53758
If it is determined by the Director of Budget and Management that	53759
additional amounts are necessary, the amounts are appropriated.	53760

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

53761

The foregoing appropriation item 995-667, Disability Fund,	53762
shall be used to make payments from the State Employee Disability	53763
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	53764
Revised Code. If it is determined by the Director of Budget and	53765
Management that additional amounts are necessary, the amounts are	53766
appropriated.	53767

STATE EMPLOYEE HEALTH BENEFIT FUND

53768

The foregoing appropriation item 995-668, State Employee	53769
Health Benefit Fund, shall be used to make payments from the State	53770
Employee Health Benefit Fund (Fund 808), pursuant to section	53771
124.87 of the Revised Code. If it is determined by the Director	53772
of Budget and Management that additional amounts are necessary,	53773
the amounts are appropriated.	53774

DEPENDENT CARE SPENDING ACCOUNT

53775

The foregoing appropriation item 995-669, Dependent Care	53776
Spending Account, shall be used to make payments from the	53777
Dependent Care Spending Account (Fund 809) to employees eligible	53778
for dependent care expenses. If it is determined by the Director	53779
of Budget and Management that additional amounts are necessary,	53780
the amounts are appropriated.	53781

LIFE INSURANCE INVESTMENT FUND

53782

The foregoing appropriation item 995-670, Life Insurance	53783
Investment Fund, shall be used to make payments from the Life	53784
Insurance Investment Fund (Fund 810) for the costs and expenses of	53785
the state's life insurance benefit program pursuant to section	53786
125.212 of the Revised Code. If it is determined by the Director	53787
of Budget and Management that additional amounts are necessary,	53788
the amounts are appropriated.	53789

PARENTAL LEAVE BENEFIT FUND

53790

The foregoing appropriation item 995-671, Parental Leave	53791
Benefit Fund, shall be used to make payments from the Parental	53792
Leave Benefit Fund (Fund 811) to employees eligible for parental	53793
leave benefits pursuant to section 124.137 of the Revised Code. If	53794
it is determined by the Director of Budget and Management that	53795
additional amounts are necessary, the amounts are appropriated.	53796

Section 12.  ADJ ADJUTANT GENERAL

53797

General Revenue Fund

53798

General Services Fund Group

53805

Federal Special Revenue Fund Group

53810

State Special Revenue Fund Group

53817

ARMY NATIONAL GUARD SERVICE AGREEMENT AND ARMY NATIONAL GUARD	53821
TRAINING SITE AGREEMENT	53822

On July 1, 2001, or as soon thereafter as possible, the	53823
Adjutant General shall certify to the Director of Budget and	53824
Management the cash balance in Fund 343, Army National Guard	53825
Training Site Agreement. The Director of Budget and Management	53826
shall transfer the certified amount from Fund 343 to Fund 342,	53827
Army National Guard Service Agreement. Any existing encumbrances	53828
in appropriation item 745-619, Army National Guard Training Site	53829
Agreement (Fund 343), shall be canceled and reestablished against	53830
appropriation item 745-616, Army National Guard Service Agreement	53831
(Fund 342). The amounts of the reestablished encumbrances are	53832
appropriated, and Fund 343 is abolished.	53833

Section 13. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

53834

General Revenue Fund

53835

General Services Fund Group

53857

Intragovernmental Service Fund Group

53880

Agency Fund Group

53885

Holding Account Redistribution Fund Group

53889

Section 13.01.  AGENCY AUDIT EXPENSES

53895

Of the foregoing appropriation item 100-405, Agency Audit	53896
Expenses, up to $145,261 in fiscal year 2002 and up to $74,447 in	53897
fiscal year 2003 shall be used to subsidize the operations of the	53898
Central Service Agency. The Department of Administrative Services	53899
shall transfer cash from appropriation item 100-405, Agency Audit	53900
Expenses, to the Central Service Agency Fund (Fund 115) using an	53901
intrastate transfer voucher.	53902

Of the foregoing appropriation item 100-405, Agency Audit	53903
Expenses, up to $30,000 in fiscal year 2002 and $30,000 in fiscal	53904
year 2003 shall be used for the Department of Administrative	53905
Services' GRF appropriation item-related auditing expenses. The	53906
remainder of the appropriation shall be used for auditing expenses	53907
designated in division (A)(1) of section 117.13 of the Revised	53908
Code for those state agencies audited on a biennial basis.	53909

Section 13.02. OHIO BUILDING AUTHORITY

53910

The foregoing appropriation item 100-447, OBA - Building Rent	53911
Payments, shall be used to meet all payments at the times they are	53912
required to be made during the period from July 1, 2001, to June	53913
30, 2003, by the Department of Administrative Services to the Ohio	53914
Building Authority pursuant to leases and agreements under Chapter	53915
152. of the Revised Code, but limited to the aggregate amount of	53916
$212,374,800. The foregoing appropriation item 100-448, OBA -	53917
Building Operating Payments, shall be used to meet all payments at	53918
the times that they are required to be made during the period from	53919
July 1, 2001, to June 30, 2003, by the Department of	53920
Administrative Services to the Ohio Building Authority pursuant to	53921
leases and agreements under Chapter 152. of the Revised Code, but	53922
limited to the aggregate amount of $52,196,000. These	53923
appropriations are the source of funds pledged for bond service	53924
charges on obligations issued pursuant to Chapter 152. of the	53925
Revised Code.	53926

The payments to the Ohio Building Authority are for the	53927
purpose of paying the expenses of agencies that occupy space in	53928
the various state facilities. The Department of Administrative	53929
Services may enter into leases and agreements with the Ohio	53930
Building Authority providing for the payment of these expenses.	53931
The Ohio Building Authority shall report to the Department of	53932
Administrative Services and the Office of Budget and Management	53933
not later than five months after the start of a fiscal year the	53934
actual expenses incurred by the Ohio Building Authority in	53935
operating the facilities and any balances remaining from payments	53936
and rentals received in the prior fiscal year. The Department of	53937
Administrative Services shall reduce subsequent payments by the	53938
amount of the balance reported to it by the Ohio Building	53939
Authority.	53940

Section 13.03.  DAS - BUILDING OPERATING PAYMENTS

53941

The foregoing appropriation item 100-449, DAS - Building	53942
Operating Payments, shall be used to pay the rent expenses of	53943
veterans organizations pursuant to section 123.024 of the Revised	53944
Code in fiscal years 2002 and 2003.	53945

The foregoing appropriation item, 100-449, DAS - Building	53946
Operating Payments, may be used to provide funding for the cost of	53947
property appraisals that the Department of Administrative Services	53948
may be required to obtain for property that is being sold by the	53949
state or property under consideration to be purchased by the	53950
state.	53951

Of the foregoing appropriation item 100-449, DAS - Building	53952
Operating Payment, $100,000 shall be used in fiscal year 2002 to	53953
fund the renovation of new office space for the State Library and	53954
the Ohioana Library Association.	53955

Notwithstanding section 125.28 of the Revised Code, the	53956
remaining portion of the appropriation may be used to pay the	53957
operating expenses of state facilities maintained by the	53958
Department of Administrative Services that are not billed to	53959
building tenants. These expenses may include, but are not limited	53960
to, the costs for vacant space and space undergoing renovation,	53961
and the rent expenses of tenants that are relocated due to	53962
building renovations. These payments shall be processed by the	53963
Department of Administrative Services through intrastate transfer	53964
vouchers and placed in the Facilities Management Fund (Fund 132).	53965

Section 13.04. MINORITY AFFAIRS

53966

The foregoing appropriation item 100-451, Minority Affairs,	53967
shall be used to establish minority affairs programs within the	53968
Equal Opportunity Division. The office shall provide an access	53969
point and official representation to multi-cultural communities;	53970
research and reports on multi-cultural issues; and educational,	53971
governmental, and other services that foster multi-cultural	53972
opportunities and understanding in the state of Ohio.	53973

Section 13.05.  CENTRAL SERVICE AGENCY FUND

53974

In order to complete the migration of the licensing	53975
applications of the professional licensing boards to a local area	53976
network, the Director of Budget and Management may, at the request	53977
of the Director of Administrative Services, cancel related	53978
encumbrances in the Central Service Agency Fund (Fund 115) and	53979
reestablish these encumbrances in fiscal year 2002 for the same	53980
purpose and to the same vendor. The Director of Budget and	53981
Management shall reduce the appropriation balance in fiscal year	53982
2001 by the amount of encumbrances canceled in Fund 115. As	53983
determined by the Director of Budget and Management, the amount	53984
necessary to reestablish such encumbrances or parts of	53985
encumbrances in fiscal year 2002 in the Central Service Agency	53986
Fund (Fund 115) is appropriated.	53987

The Director of Budget and Management may transfer up to	53988
$399,000 in fiscal year 2002 and up to $354,000 in fiscal year	53989
2003 from the Occupational Licensing and Regulatory Fund (Fund	53990
4K9) to the Central Service Agency Fund (Fund 115). The Director	53991
of Budget and Management may transfer up to $34,000 in fiscal year	53992
2002 and up to $30,000 in fiscal year 2003 from the State Medical	53993
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	53994
(Fund 115). The Director of Budget and Management may transfer up	53995
to $18,000 in fiscal year 2002 and up to $16,000 in fiscal year	53996
2003 from the Pharmacy Board Operating Fund (Fund 5N2) to the	53997
Central Service Agency Fund (Fund 115). The appropriation item	53998
100-632, Central Service Agency, shall be used to purchase the	53999
necessary equipment, products, and services to install and	54000
maintain a local area network for the professional licensing	54001
boards, and to support their licensing applications. The amount	54002
of the cash transfer is appropriated to appropriation item	54003
100-632, Central Service Agency.	54004

Section 13.06.  TUITION REIMBURSEMENT

54005

Of the foregoing appropriation item 100-622, Human Resources	54006
Division - Operating, $350,000 in fiscal year 2002 and $400,000 in	54007
fiscal year 2003 shall be set aside for the District 1199 Health	54008
Care Employees Tuition Reimbursement Program, per existing	54009
collective bargaining agreements. Of the foregoing appropriation	54010
item 100-622, Human Resources Division - Operating, $75,000 in	54011
fiscal year 2002 and $75,000 in fiscal year 2003 shall be set	54012
aside for the Ohio Education Association Tuition Reimbursement	54013
Program, per existing collective bargaining agreements. The	54014
Department of Administrative Services, with the approval of the	54015
Director of Budget and Management, shall establish charges for	54016
recovering the costs of administering the District 1199 Health	54017
Care Employees Tuition Reimbursement Program and the Ohio	54018
Education Association Tuition Reimbursement Program. Receipts for	54019
these charges shall be deposited into the Human Resources Services	54020
Fund (Fund 125).	54021

Section 13.07.  COLLECTIVE BARGAINING ARBITRATION EXPENSES

54022

With approval of the Director of Budget and Management, the	54023
Department of Administrative Services may seek reimbursement from	54024
state agencies for the actual costs and expenses the department	54025
incurs in the collective bargaining arbitration process. The	54026
reimbursements shall be processed through intrastate transfer	54027
vouchers and placed in the Collective Bargaining Fund (Fund 128).	54028

Section 13.08. EQUAL OPPORTUNITY PROGRAM

54029

The Department of Administrative Services, with the approval	54030
of the Director of Budget and Management, shall establish charges	54031
for recovering the costs of administering the activities supported	54032
by the Equal Opportunity Programs Fund (Fund 188). These charges	54033
shall be deposited to the credit of the Equal Opportunity Programs	54034
Fund (Fund 188) upon payment made by state agencies,	54035
state-supported or state-assisted institutions of higher	54036
education, and tax-supported agencies, municipal corporations, and	54037
other political subdivisions of the state, for services rendered.	54038

Section 13.09. MERCHANDISE FOR RESALE

54039

The foregoing appropriation item 100-653, General Services	54040
Resale Merchandise, shall be used to account for merchandise for	54041
resale, which is administered by the General Services Division.	54042
Deposits to the fund may comprise the cost of merchandise for	54043
resale and shipping fees.	54044

Section 13.10. GOVERNOR'S RESIDENCE GIFT

54045

The foregoing appropriation item 100-604, Governor's	54046
Residence Gift, shall be used to provide part or all of the	54047
funding related to construction, goods, or services for the	54048
Governor's residence. All receipts for this purpose shall be	54049
deposited into Fund 4H2.	54050

Section 13.11.  DEPARTMENTAL MIS

54051

The foregoing appropriation item 100-603, Departmental MIS	54052
Services, may be used to pay operating expenses of management	54053
information systems activities in the Department of Administrative	54054
Services. The Department of Administrative Services shall	54055
establish charges for recovering the costs of management	54056
information systems activities. These charges shall be deposited	54057
to the credit of the Departmental MIS Fund (Fund 4P3).	54058

Notwithstanding any other language to the contrary, the	54059
Director of Budget and Management may transfer up to $3,000,000 of	54060
fiscal year 2002 appropriations and up to $3,000,000 of fiscal	54061
year 2003 appropriations from appropriation item 100-603,	54062
Departmental MIS Services, to any Department of Administrative	54063
Services non-General Revenue Fund appropriation item. The	54064
appropriations transferred shall be used to make payments for	54065
management information systems services. Notwithstanding any	54066
other language to the contrary, the Director of Budget and	54067
Management may transfer up to $217,313 of fiscal year 2002	54068
appropriations and up to $193,031 of fiscal year 2003	54069
appropriations from appropriation item 100-409, Departmental	54070
Information Services, to any Department of Administrative Services	54071
appropriation item in the General Revenue Fund. The	54072
appropriations transferred shall be used to make payments for	54073
management information systems services.	54074

Section 13.12. INVESTMENT RECOVERY FUND

54075

Notwithstanding division (B) of section 125.14 of the Revised	54076
Code, cash balances in the Investment Recovery Fund may be used to	54077
support the operating expenses of the Federal Surplus Operating	54078
Program created in sections 125.84 to 125.90 of the Revised Code.	54079

Notwithstanding division (B) of section 125.14 of the Revised	54080
Code, cash balances in the Investment Recovery Fund may be used to	54081
support the operating expenses of the State Property Inventory and	54082
Fixed Assets Management System Program.	54083

Of the foregoing appropriation item 100-602, Investment	54084
Recovery, up to $2,045,302 in fiscal year 2002 and up to	54085
$1,959,192 in fiscal year 2003 shall be used to pay the operating	54086
expenses of the State Surplus Property Program, the Surplus	54087
Federal Property Program, and the State Property Inventory and	54088
Fixed Assets Management System Program pursuant to Chapter 125. of	54089
the Revised Code and this section. If additional appropriations	54090
are necessary for the operations of these programs, the Director	54091
of Administrative Services shall seek increased appropriations	54092
from the Controlling Board under section 131.35 of the Revised	54093
Code.	54094

Of the foregoing appropriation item 100-602, Investment	54095
Recovery, $2,045,302 in fiscal year 2002 and $1,959,192 in fiscal	54096
year 2003 shall be used to transfer proceeds from the sale of	54097
surplus property from the Investment Recovery Fund to non-General	54098
Revenue Funds pursuant to division (A)(2) of section 125.14 of the	54099
Revised Code. If it is determined by the Director of	54100
Administrative Services that additional appropriations are	54101
necessary for the transfer of such sale proceeds, the Director of	54102
Administrative Services may request the Director of Budget and	54103
Management to increase the amounts. Such amounts are	54104
appropriated.	54105

Notwithstanding division (B) of section 125.14 of the Revised	54106
Code, the Director of Budget and Management, at the request of the	54107
Director of Administrative Services, shall transfer up to	54108
$2,500,000 of the amounts held for transfer to the General Revenue	54109
Fund from the Investment Recovery Fund (Fund 427) to the General	54110
Services Fund (Fund 117) during the biennium beginning July 1,	54111
2001, and ending June 30, 2003. The cash transferred to the	54112
General Services Fund shall be used to pay the operating expenses	54113
of the Competitive Sealed Proposal Program.	54114

Section 13.13. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

54115

Notwithstanding division (B)(3) of section 4505.09 of the	54116
Revised Code, the Director of Budget and Management, at the	54117
request of the Director of Administrative Services, may transfer	54118
up to $3,429,947 in fiscal year 2002 and $4,475,190 in fiscal year	54119
2003 from the Automated Title Processing System (Fund 849) to the	54120
Multi-Agency Radio Communications Systems Fund (Fund 5C2). The	54121
cash transferred to the Multi-Agency Radio Communications Systems	54122
Fund shall be used for the development of the MARCS system.	54123

Effective with the implementation of the Multi-Agency Radio	54124
Communications System, the Director of Administrative Services	54125
shall collect user fees from participants in the system. The	54126
Director of Administrative Services, with the advice of the	54127
Multi-Agency Radio Communications System Steering Committee and	54128
the Director of Budget and Management, shall determine the amount	54129
of the fees and the manner by which the fees shall be collected.	54130
Such user charges shall comply with the applicable cost principles	54131
issued by the federal Office of Management and Budget. All moneys	54132
from user charges and fees shall be deposited in the state	54133
treasury to the credit of the Multi-Agency Radio Communications	54134
System Administration Fund (Fund 5C2).	54135

Section 13.14. WORKFORCE DEVELOPMENT FUND

54136

There is hereby established in the state treasury the	54137
Workforce Development Fund (Fund 5D7). The foregoing	54138
appropriation item 100-621, Workforce Development, shall be used	54139
to make payments from the fund. The fund shall be under the	54140
supervision of the Department of Administrative Services, which	54141
may adopt rules with regard to administration of the fund. The	54142
fund shall be used to pay the costs of the Workforce Development	54143
Program established by Article 37 of the contract between the	54144
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000.	54145
The program shall be administered in accordance with the contract.	54146
Revenues shall accrue to the fund as specified in the contract.	54147
The fund may be used to pay direct and indirect costs of the	54148
program that are attributable to staff, consultants, and service	54149
providers. All income derived from the investment of the fund	54150
shall accrue to the fund.	54151

If it is determined by the Director of Administrative	54152
Services that additional appropriation amounts are necessary, the	54153
Director of Administrative Services may request that the Director	54154
of Budget and Management increase such amounts. Such amounts are	54155
appropriated.	54156

Section 13.15. PROFESSIONAL DEVELOPMENT FUND

54157

The foregoing appropriation item 100-610, Professional	54158
Development, shall be used to make payments from the Professional	54159
Development Fund (Fund 5L7) pursuant to section 124.182 of the	54160
Revised Code.	54161

Section 13.16.  COMPUTER EQUIPMENT PURCHASES

54162

The Director of Administrative Services shall compute the	54163
amount of revenue attributable to the amortization of all	54164
equipment purchases from appropriation item 100-607, Information	54165
Technology Fund; appropriation item 100-617, Major Computer	54166
Purchases; and appropriation item CAP-837, Major Equipment	54167
Purchases, which is recovered by the Department of Administrative	54168
Services as part of the rates charged by the Information	54169
Technology Fund (Fund 133) created in section 125.15 of the	54170
Revised Code. The Director of Budget and Management may transfer	54171
cash in an amount not to exceed the amount of amortization	54172
computed from the Information Technology Fund (Fund 133) to Major	54173
Computer Purchases (Fund 4N6).	54174

Section 13.17. INFORMATION TECHNOLOGY ASSESSMENT

54175

The Director of Administrative Services, with the approval of	54176
the Director of Budget and Management, may establish an	54177
information technology assessment for the purpose of recovering	54178
the cost of selected infrastructure development and statewide	54179
programs. Such assessment shall comply with applicable cost	54180
principles issued by the federal Office of Management and Budget.	54181
During the fiscal year 2001-2003 biennium, the information	54182
technology assessment may be used to partially fund the cost of	54183
electronic-government infrastructure. The information technology	54184
assessment shall be charged to all organized bodies, offices, or	54185
agencies established by the laws of the state for the exercise of	54186
any function of state government except for the General Assembly,	54187
any legislative agency, the Supreme Court, the other courts of	54188
record in Ohio, or any judicial agency, the Adjutant General, the	54189
Bureau of Workers' Compensation, and institutions administered by	54190
a board of trustees. Any state-entity exempted by this section	54191
may utilize the infrastructure or statewide program by	54192
participating in the information technology assessment. All	54193
charges for the information technology assessment shall be	54194
deposited to the credit of the Information Technology Fund (Fund	54195
133) created in section 125.15 of the Revised Code.	54196

Section 13.18. E-GOVERNMENT DEVELOPMENT FUND

54197

The Director of Budget and Management shall transfer any cash	54198
balances remaining in the E-Government Development Fund (Fund 5M6)	54199
after November 30, 2001, from the E-Government Development Fund to	54200
the Information Technology Fund (Fund 133) created in section	54201
125.15 of the Revised Code.	54202

Section 13.19. UNEMPLOYMENT COMPENSATION FUND

54203

The foregoing appropriation item 100-628, Unemployment	54204
Compensation, shall be used to make payments from the Unemployment	54205
Compensation Fund (Fund 113), pursuant to section 4141.241 of the	54206
Revised Code. If it is determined that additional amounts are	54207
necessary, such amounts are appropriated.	54208

Section 13.20. PAYROLL WITHHOLDING FUND

54209

The foregoing appropriation item 100-629, Payroll Deductions,	54210
shall be used to make payments from the Payroll Withholding Fund	54211
(Fund 124). If it is determined by the Director of Budget and	54212
Management that additional appropriation amounts are necessary,	54213
such amounts are appropriated.	54214

Section 13.21. GENERAL SERVICES REFUNDS

54215

The foregoing appropriation item 100-646, General Services	54216
Refunds, shall be used to hold bid guarantee and building plans	54217
and specifications deposits until they are refunded. The Director	54218
of Administrative Services may request that the Director of Budget	54219
and Management transfer cash received for the costs of providing	54220
the building plans and specifications to contractors from the	54221
General Services Refund Fund to Fund 131, State Architect's	54222
Office. Prior to the transfer of cash, the Director of	54223
Administrative Services shall certify that such amounts are in	54224
excess of amounts required for refunding deposits and are directly	54225
related to costs of producing building plans and specifications.	54226
If it is determined that additional appropriations are necessary,	54227
such amounts are appropriated.	54228

Section 13.22.  MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	54229
SERVICE PAYMENTS	54230

The Director of Administrative Services, in consultation with	54231
the Multi-Agency Radio Communication System (MARCS) Steering	54232
Committee and the Director of Budget and Management, shall	54233
determine the share of debt service payments attributable to	54234
spending for MARCS components that are not specific to any one	54235
agency and that shall be charged to agencies supported by the	54236
motor fuel tax. Such share of debt service payments shall be	54237
calculated for MARCS capital disbursements made beginning July 1,	54238
1997. Within thirty days of any payment made from appropriation	54239
item 100-447, OBA - Building Rent Payments, the Director of	54240
Administrative Services shall certify to the Director of Budget	54241
and Management the amount of this share. The Director of Budget	54242
and Management shall transfer such amounts to the General Revenue	54243
Fund from the Highway Operating Fund (Fund 002) established in	54244
section 5735.281 of the Revised Code.	54245

The Director of Administrative Services shall consider	54246
renting or leasing existing tower sites at reasonable or current	54247
market rates, so long as these existing sites are equipped with	54248
the technical capabilities to support the MARCS project.	54249

Section 13.23. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

54250

Whenever the Director of Administrative Services declares a	54251
"Public Exigency," as provided in division (C) of section 123.15	54252
of the Revised Code, the Director shall also notify the members of	54253
the Controlling Board.	54254

Section 13.24. GENERAL SERVICE CHARGES

54255

The Department of Administrative Services, with the approval	54256
of the Director of Budget and Management, shall establish charges	54257
for recovering the costs of administering the programs in the	54258
General Services Fund (Fund 117) and the State Printing Fund (Fund	54259
210).	54260

Section 14.  AAM COMMISSION ON AFRICAN AMERICAN MALES

54261

General Revenue Fund

54262

State Special Revenue Fund Group

54269

COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW

54273

No later than December 31, 2001, the Commission on African	54274
American Males shall submit to the chairperson and ranking	54275
minority member of the Human Services Subcommittee of the Finance	54276
and Appropriations Committee of the House of Representatives a	54277
report that demonstrates the progress that has been made toward	54278
meeting the Commission's mission statement.	54279

Section 15.  JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

54280

General Revenue Fund

54281

OPERATING

54285

The Chief Administrative Officer of the House of	54286
Representatives and the Clerk of the Senate shall determine, by	54287
mutual agreement, which of them shall act as fiscal agent for the	54288
Joint Committee on Agency Rule Review.	54289

Section 16.  AGE DEPARTMENT OF AGING

54290

General Revenue Fund

54291

General Services Fund Group

54307

Federal Special Revenue Fund Group

54311

State Special Revenue Fund Group

54319

Section 16.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY	54329
ADMISSION	54330

Pursuant to sections 5101.751 and 5101.754 of the Revised	54331
Code and an interagency agreement, the Department of Job and	54332
Family Services shall designate the Department of Aging to perform	54333
assessments under sections 5101.75 and 5111.204 of the Revised	54334
Code. Of the foregoing appropriation item 490-403, PASSPORT, the	54335
Department of Aging may use not more than $2,390,300 in fiscal	54336
year 2002 and $2,450,058 in fiscal year 2003 to perform the	54337
assessments for persons not eligible for Medicaid in accordance	54338
with the department's interagency agreement with the Department of	54339
Job and Family Services and to assist individuals in planning for	54340
their long-term health care needs.	54341

Section 16.02.  PASSPORT

54342

Appropriation item 490-403, PASSPORT, and the amounts set	54343
aside for the PASSPORT Waiver Program in appropriation item	54344
490-610, PASSPORT/Residential State Supplement, may be used to	54345
assess clients regardless of Medicaid eligibility.	54346

The Director of Aging shall adopt rules under section 111.15	54347
of the Revised Code governing the nonwaiver funded PASSPORT	54348
program, including client eligibility.	54349

The Department of Aging shall administer the Medicaid Waiver	54350
funded PASSPORT Home Care program as delegated by the Department	54351
of Job and Family Services in an interagency agreement. The	54352
foregoing appropriation item 490-403, PASSPORT, and the amounts	54353
set aside for the PASSPORT Waiver Program in appropriation item	54354
490-610, PASSPORT/Residential State Supplement, shall be used to	54355
provide the required state match for federal Medicaid funds	54356
supporting the Medicaid Waiver funded PASSPORT Home Care program.	54357
Appropriation item 490-403, PASSPORT, and the amounts set aside	54358
for the PASSPORT Waiver Program in appropriation item 490-610,	54359
PASSPORT/Residential State Supplement, may also be used to support	54360
the Department of Aging's administrative costs associated with	54361
operating the PASSPORT program.	54362

The foregoing appropriation item 490-607, PASSPORT, shall be	54363
used to provide the federal matching share for all PASSPORT	54364
program costs determined by the Department of Job and Family	54365
Services to be eligible for Medicaid reimbursement.	54366

SENIOR COMMUNITY SERVICES

54367

The foregoing appropriation item 490-411, Senior Community	54368
Services, shall be used for services designated by the Department	54369
of Aging, including, but not limited to, home-delivered meals,	54370
transportation services, personal care services, respite services,	54371
home repair, and care coordination. Service priority shall be	54372
given to low income, frail, and cognitively impaired persons 60	54373
years of age and over. The department shall promote cost sharing	54374
by service recipients for those services funded with block grant	54375
funds, including, where possible, sliding-fee scale payment	54376
systems based on the income of service recipients.	54377

ALZHEIMERS RESPITE

54378

The foregoing appropriation item 490-414, Alzheimers Respite,	54379
shall be used only to fund Alzheimer's disease services under	54380
section 173.04 of the Revised Code.	54381

TRANSPORTATION FOR ELDERLY

54382

The foregoing appropriation item 490-416, Transportation for	54383
Elderly, shall be used for non-capital expenses related to	54384
transportation services for the elderly that provide access to	54385
such things as healthcare services, congregate meals,	54386
socialization programs, and grocery shopping. The appropriation	54387
shall be allocated to the following agencies:	54388

(A) $45,000 per fiscal year to the Cincinnati Jewish	54389
Vocational Services;	54390

(B) $45,000 per fiscal year to the Cleveland Jewish	54391
Community Center;	54392

(C) $45,000 per fiscal year to the Columbus Jewish	54393
Federation;	54394

(D) $20,000 per fiscal year to the Dayton Jewish Family	54395
Services;	54396

(E) $10,000 per fiscal year to the Akron Jewish Community	54397
Center;	54398

(F) $5,000 per fiscal year to the Youngstown Jewish	54399
Federation;	54400

(G) $3,000 per fiscal year to the Canton Jewish Federation;

54401

(H) $10,000 per fiscal year to the Toledo Jewish Federation.

54402

Agencies receiving funding from appropriation item 490-416,	54403
Transportation for Elderly, shall coordinate services with other	54404
local service agencies.	54405

RESIDENTIAL STATE SUPPLEMENT

54406

Under the Residential State Supplement Program, the amount	54407
used to determine whether a resident is eligible for payment and	54408
for determining the amount per month the eligible resident will	54409
receive shall be as follows:	54410

(A) $900 for a residential care facility, as defined in	54411
section 3721.01 of the Revised Code;	54412

(B) $900 for an adult group home, as defined in Chapter	54413
3722. of the Revised Code;	54414

(C) $800 for an adult foster home, as defined in Chapter	54415
173. of the Revised Code;	54416

(D) $800 for an adult family home, as defined in Chapter	54417
3722. of the Revised Code;	54418

(E) $800 for an adult community alternative home, as defined	54419
in Chapter 3724. of the Revised Code;	54420

(F) $800 for an adult residential facility, as defined in	54421
Chapter 5119. of the Revised Code;	54422

(G) $600 for adult community mental health housing services,	54423
as defined in division (B)(5) of section 173.35 of the Revised	54424
Code.	54425

The Departments of Aging and Job and Family Services shall	54426
reflect this amount in any applicable rules the departments adopt	54427
under section 173.35 of the Revised Code.	54428

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

54429

The Department of Aging may transfer cash by intrastate	54430
transfer vouchers from the foregoing appropriation items 490-412,	54431
Residential State Supplement, and 490-610, PASSPORT/Residential	54432
State Supplement, to the Department of Job and Family Services'	54433
Fund 4J5, Home and Community-Based Services for the Aged Fund.	54434
The funds shall be used to make benefit payments to Residential	54435
State Supplement recipients.	54436

LONG-TERM CARE OMBUDSMAN

54437

The foregoing appropriation item 490-410, Long-Term Care	54438
Ombudsman, shall be used for a program to fund ombudsman program	54439
activities in nursing homes, adult care facilities, boarding	54440
homes, and home and community care services.	54441

SENIOR FACILITIES

54442

Of the foregoing appropriation item 490-504, Senior	54443
Facilities, in fiscal year 2002, $10,000 shall be for the Tri-city	54444
Senior Center, $10,000 shall be for the Westlake Senior Center,	54445
and $10,000 shall be for the Rocky River Senior Center.	54446

Of the foregoing appropriation item 490-504, Senior	54447
Facilities, in each fiscal year, $10,000 shall be for the Jilliard	54448
Senior Center, $10,000 shall be for the Northwest Stark County	54449
Senior Center, and $10,000 shall be for the North Ridgeville	54450
Senior Center.	54451

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS

54452

The foregoing appropriation item 490-609, Regional Long-Term	54453
Care Ombudsman Programs, shall be used solely to pay the costs of	54454
operating the regional long-term care ombudsman programs.	54455

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

54456

Of the foregoing appropriation item 490-610,	54457
PASSPORT/Residential State Supplement, up to $2,835,000 each	54458
fiscal year shall be used to fund the Residential State Supplement	54459
Program. The remaining available funds shall be used to fund the	54460
PASSPORT program.	54461

Section 16.03. RESIDENTIAL STATE SUPPLEMENT

54462

If the Department of Aging, in consultation with the Director	54463
of Budget and Management, determines that available funding is	54464
insufficient to make payments to all eligible individuals, the	54465
department may establish priority policies to further limit	54466
eligibility criteria.	54467

TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL	54468
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES	54469

Upon written request of the Director of Aging, the Director	54470
of Budget and Management may transfer appropriation authority	54471
among appropriation items 490-611, Federal Aging Nutrition,	54472
490-612, Federal Supportive Services, and 490-618, Older Americans	54473
Support Services, in amounts not to exceed 30 per cent of the	54474
appropriation from which the transfer is made. The Department of	54475
Aging shall report such transfers to the Controlling Board at the	54476
next regularly scheduled meeting of the board.	54477

OHIO COMMUNITY SERVICE COUNCIL

54478

The foregoing appropriation items 490-409, Ohio Community	54479
Service Council, and 490-617, Ohio Community Service Council	54480
Programs, shall be used in accordance with section 121.40 of the	54481
Revised Code.	54482

Section 17.  AGR DEPARTMENT OF AGRICULTURE

54483

General Revenue Fund

54484

Federal Special Revenue Fund Group

54505

State Special Revenue Fund Group

54513

ANIMAL DISEASE CONTROL

54537

The funds in appropriation item 700-401, Animal Disease	54538
Control, may be used for the detection, prevention, and emergency	54539
management of, and the education of the public regarding, Foot and	54540
Mouth disease, Mad Cow disease, and West Nile virus.	54541

COUNTY AGRICULTURAL SOCIETIES

54542

Of the foregoing appropriation item 700-501, County	54543
Agricultural Societies, $250,000 per fiscal year shall be	54544
earmarked for the Perry County Agricultural Society.	54545

THE AUCTION FUND

54546

On October 1, 2001, the Auction Education Fund (Fund 4D2) and	54547
the Auction Licensing Fund (Fund 5B8) shall be transferred from	54548
the Department of Commerce to the Department of Agriculture. At	54549
the request of the Director of Commerce, the Director of Budget	54550
and Management may cancel encumbrances in these funds from the	54551
Department of Commerce's appropriation item 800-605, Auctioneer	54552
Education, and appropriation item 800-628, Auctioneers, and	54553
reestablish such encumbrances or parts of encumbrances in fiscal	54554
year 2002 for the same purpose and to the same vendor in the	54555
Department of Agriculture's appropriation item 700-609, Auction	54556
Education, and appropriation item 700-628, Auctioneers. The	54557
Director of Budget and Management shall reduce the appropriation	54558
balances in fiscal year 2001 by the amount of the encumbrances	54559
canceled in the funds. As determined by the Director of Budget	54560
and Management, the appropriation authority necessary to	54561
reestablish such encumbrances or parts of encumbrances in fiscal	54562
year 2002 for the Department of Agriculture is hereby	54563
appropriated.	54564

THE DAIRY INDUSTRY FUND

54565

On July 1, 2001, or as soon thereafter as possible, the	54566
Director of Budget and Management shall transfer the cash balance	54567
in the License Fees (Fund 4V0) to the Dairy Inspection Fund (Fund	54568
4R2). The director shall cancel any existing encumbrances against	54569
appropriation item 700-602, License Fees (Fund 4V0), and	54570
reestablish them against appropriation item 700-637, Dairy	54571
Inspection (Fund 4R2). The amounts of the reestablished	54572
encumbrances are appropriated.	54573

Section 18.  AIR AIR QUALITY DEVELOPMENT AUTHORITY

54574

Agency Fund Group

54575

Section 19.  ADA DEPARTMENT OF ALCOHOL AND

54582

DRUG ADDICTION SERVICES

54583

General Revenue Fund

54584

General Services Fund

54589

Federal Special Revenue Fund Group

54593

State Special Revenue Fund Group

54601

AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY

54608

Of the foregoing appropriation item 038-401, Alcohol and Drug	54609
Addiction Services, $4 million in each fiscal year shall be	54610
allocated for services to families, adults, and adolescents	54611
pursuant to the requirements of Am. Sub. H.B. 484 of the 122nd	54612
General Assembly.	54613

ALCOHOL AND DRUG ADDICTION SERVICES TRANSFER

54614

The foregoing appropriation item 038-629, TANF	54615
Transfer-Treatment, shall be used to provide substance abuse	54616
prevention and treatment services to children, or their families,	54617
whose income is at or below 200 per cent of the official income	54618
poverty guideline.	54619

The foregoing appropriation item 038-630, TANF	54620
Transfer-Mentoring, shall be used to fund adolescent youth	54621
mentoring programs for children, or their families, whose income	54622
is at or below 200 per cent of the official income poverty	54623
guideline. The Director of Alcohol and Drug Addiction Services	54624
and the Director of Job and Family Services shall develop	54625
operating and reporting guidelines for these programs.	54626

PARENT AWARENESS TASK FORCE

54627

The Parent Awareness Task Force shall study ways to engage	54628
more parents in activities, coalitions, and educational programs	54629
in Ohio relating to alcohol and other drug abuse prevention. Of	54630
the foregoing appropriation item 038-404, Prevention Services,	54631
$30,000 in each fiscal year may be used to support the functions	54632
of the Parent Awareness Task Force.	54633

PLAN TO EVALUATE PER CAPITA FORMULA

54634

Not later than June 30, 2002, the Department of Alcohol and	54635
Drug Addiction Services shall establish a plan to evaluate the	54636
current per capita formula used in determining how state and	54637
federal funds for alcohol and drug addiction services are	54638
allocated under section 3793.04 of the Revised Code. The plan	54639
shall evaluate all of the following:	54640

(A) Whether population statistics alone should be used to	54641
quantify the need for funding in a county;	54642

(B) Whether other social and economic demographic indicators	54643
should be utilized;	54644

(C) The appropriateness of the current per capita formula.

54645

Section 20.  AMB AMBULANCE LICENSING BOARD

54646

General Services Fund Group

54647

Section 21.  ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

54653

General Services Fund Group

54654

Section 22.  ART OHIO ARTS COUNCIL

54660

General Revenue Fund

54661

General Services Fund Group

54667

Federal Special Revenue Fund Group

54671

PROGRAM SUBSIDIES

54675

A museum is not eligible to receive funds from appropriation	54676
item 370-502, Program Subsidies, if $8,000,000 or more in capital	54677
appropriations were appropriated by the state for the museum	54678
between January 1, 1986, and December 31, 2002.	54679

PER CENT FOR ART ACQUISITIONS

54680

The unobligated balance remaining from prior projects of	54681
appropriation item 370-603, Per Cent for Art Acquisitions, shall	54682
be used by the Ohio Arts Council to pay for start-up costs in	54683
connection with the selection of artists of new Per Cent for Art	54684
projects.	54685

Section 23.  AFC OHIO ARTS AND SPORTS FACILITIES

54686

COMMISSION

54687

General Revenue Fund

54688

State Special Revenue Fund Group

54692

OHIO BUILDING AUTHORITY LEASE PAYMENTS

54697

Appropriations to the Arts and Sports Facilities Commission	54698
from the General Revenue Fund include $69,939,300 for the biennium	54699
for appropriation item 371-401, Lease Rental Payments. This	54700
appropriation shall be used for payments to the Ohio Building	54701
Authority for the period July 1, 2001, to June 30, 2003, pursuant	54702
to the primary leases and agreements for those buildings made	54703
under Chapter 152. of the Revised Code which are the source of	54704
funds pledged for bond service charges on related obligations	54705
issued pursuant to Chapter 152. of the Revised Code.	54706

OPERATING EXPENSES

54707

The foregoing appropriation item 371-603, Project	54708
Administration, shall be used by the Ohio Arts and Sports	54709
Facilities Commission to carry out its responsibilities pursuant	54710
to this section and Chapter 3383. of the Revised Code.	54711

Within ten days after the effective date of this section, or	54712
as soon as possible thereafter, the Director of Budget and	54713
Management shall determine the amount of cash to be transferred	54714
from interest earnings available to be transferred from the Arts	54715
Facilities Building Fund (Fund 030) and the Sports Facilities	54716
Building Fund (Fund 024) to the Arts and Sports Facilities	54717
Commission Administration Fund (Fund 4T8). The amount transferred	54718
may not exceed the appropriation in appropriation item 371-603,	54719
Project Administration.	54720

By July 10, 2002, or as soon as possible thereafter, the	54721
Director of Budget and Management shall determine the amount of	54722
cash from interest earnings to be transferred from the Arts	54723
Facilities Building Fund (Fund 030) and the Sports Facilities Fund	54724
(Fund 024) to the Arts and Sports Administration Fund (Fund 4T8).	54725
The amount transferred may not exceed the appropriation in	54726
appropriation item 371-603, Project Administration.	54727

The amount transferred may not exceed investment earnings	54728
credited to the Arts Facilities Building Fund (Fund 030) and the	54729
Sports Facilities Fund (Fund 024) less any amount required to be	54730
paid for federal arbitrage rebate purposes.	54731

Section 24.  ATH ATHLETIC COMMISSION

54732

General Services Fund Group

54733

Section 25. AGO ATTORNEY GENERAL

54739

General Revenue Fund

54740

General Services Fund Group

54747

Federal Special Revenue Fund Group

54762

State Special Revenue Fund Group

54770

Holding Account Redistribution Fund Group

54778

LAW-RELATED EDUCATION

54787

The foregoing appropriation item 055-405, Law-Related	54788
Education, shall be distributed directly to the Ohio Center for	54789
Law-Related Education for the purposes of providing continuing	54790
citizenship education activities to primary and secondary students	54791
and accessing additional public and private money for new	54792
programs.	54793

WORKERS' COMPENSATION SECTION

54794

The Workers' Compensation Section Fund (Fund 195) shall	54795
receive payments from the Bureau of Workers' Compensation and the	54796
Ohio Industrial Commission at the beginning of each quarter of	54797
each fiscal year to fund legal services to be provided to the	54798
Bureau of Workers' Compensation and the Ohio Industrial Commission	54799
during the ensuing quarter. Such advance payment shall be subject	54800
to adjustment.	54801

In addition, the Bureau of Workers' Compensation shall	54802
transfer payments at the beginning of each quarter for the support	54803
of the Workers' Compensation Fraud Unit.	54804

All amounts shall be mutually agreed upon by the Attorney	54805
General, the Bureau of Workers' Compensation, and the Ohio	54806
Industrial Commission.	54807

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

54808

The foregoing appropriation item 055-636, Corrupt Activity	54809
Investigation and Prosecution, shall be used as provided by	54810
division (D)(2) of section 2923.35 of the Revised Code to dispose	54811
of the proceeds, fines, and penalties credited to the Corrupt	54812
Activity Investigation and Prosecution Fund, which is created in	54813
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	54814
is determined that additional amounts are necessary, the amounts	54815
are appropriated.	54816

COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE

54817

In fiscal years 2002 and 2003, the Attorney General's Office	54818
may request that the Director of Budget and Management transfer	54819
appropriation authority from appropriation Item 055-321, Operating	54820
Expenses, to appropriation item 055-406, Community Police Match	54821
and Law Enforcement Assistance. The Director of Budget and	54822
Management shall then transfer appropriation authority from	54823
appropriation item 055-321, Operating Expenses, to appropriation	54824
item 055-406, Community Police Match and Law Enforcement	54825
Assistance. Moneys transferred to appropriation item 055-406	54826
shall be used to pay operating expenses and to provide grants to	54827
local law enforcement agencies and communities for the purpose of	54828
supporting law enforcement-related activities.	54829

Section 26.  AUD AUDITOR OF STATE

54830

General Revenue Fund

54831

General Services Fund Group

54837

Holding Account Redistribution Fund Group

54844

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

54849

The foregoing appropriation item 070-403, Fiscal	54850
Watch/Emergency Technical Assistance, shall be used for all	54851
expenses incurred by the Office of the Auditor of State in its	54852
role relating to fiscal watch or fiscal emergency activities under	54853
Chapters 118. and 3316. of the Revised Code. Expenses shall	54854
include, but shall not be limited to, the following: duties	54855
related to the determination or termination of fiscal watch or	54856
fiscal emergency of municipal corporations, counties, or townships	54857
as outlined in Chapter 118. of the Revised Code and of school	54858
districts as outlined in Chapter 3316. of the Revised Code;	54859
development of preliminary accounting reports; performance of	54860
annual forecasts; provision of performance audits; and	54861
supervisory, accounting, or auditing services for the mentioned	54862
public entities and school districts. The unencumbered balance of	54863
appropriation item 070-403, Fiscal Watch/Fiscal Emergency	54864
Technical Assistance, at the end of fiscal year 2002 is	54865
transferred to fiscal year 2003 for use under the same	54866
appropriation item.	54867

ELECTRONIC DATA PROCESSING

54868

The unencumbered balance of appropriation item 070-405,	54869
Electronic Data Processing-Auditing and Administration, at the end	54870
of fiscal year 2002 is transferred to fiscal year 2003 for use	54871
under the same appropriation item.	54872

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND

54873

The foregoing appropriation item 070-406, Uniform Accounting	54874
Network/Technology Improvements Fund, shall be used to pay the	54875
costs of developing and implementing the Uniform Accounting	54876
Network and technology improvements for the Office of the Auditor	54877
of State. The unencumbered balance of the appropriation at the	54878
end of fiscal year 2002 is transferred to fiscal year 2003 to pay	54879
the costs of the developing and implementing the Uniform	54880
Accounting Network and technology improvements for the Office of	54881
the Auditor of State.	54882

Section 27.  BRB BOARD OF BARBER EXAMINERS

54883

General Services Fund Group

54884

Section 28.  OBM OFFICE OF BUDGET AND MANAGEMENT

54890

General Revenue Fund

54891

General Services Fund Group

54898

State Special Revenue Fund Group

54902

Section 28.01. OFFICE OF QUALITY SERVICES

54907

A portion of the foregoing appropriation item 042-401, Office	54908
of Quality Services, may be used to provide financial sponsorship	54909
support for conferences and showcases that promote quality	54910
improvement efforts. These expenditures are not subject to	54911
Chapter 125. of the Revised Code.	54912

OHIO'S QUALITY SHOWCASE

54913

The Office of Quality Services may cosponsor Ohio's Quality	54914
Showcase. The office may grant funds to other sponsoring entities	54915
for the purpose of conducting this event, provided that the grants	54916
are used exclusively for the direct expenses of the event.	54917

Any state agency, at the discretion and with the approval of	54918
the director or other executive authority of the agency, may	54919
provide financial or in-kind support for Ohio's Quality Showcase	54920
cosponsored by the Office of Quality Services. Any financial	54921
contribution made by an agency shall not exceed $5,000 annually.	54922

AUDIT COSTS

54923

Of the foregoing appropriation item 042-603, State	54924
Accounting, not more than $450,000 in fiscal year 2002 and	54925
$350,000 in fiscal year 2003 shall be used to pay for centralized	54926
audit costs associated with either Single Audit Schedules or	54927
financial statements prepared in conformance with generally	54928
accepted accounting principles for the state.	54929

Section 28.02. TRANSFER OF GRF FUNDS TO DEPARTMENT OF	54930
DEVELOPMENT	54931

The Director of Budget and Management, at the request of the	54932
Director of Development, may transfer up to $25 million in	54933
unobligated, unspent GRF appropriations over the biennium to the	54934
Department of Development to support GRF-funded economic	54935
development projects for which appropriations would not otherwise	54936
be available. The amounts transferred are hereby appropriated.	54937

COAL RESEARCH AND DEVELOPMENT FUND

54938

Notwithstanding sections 1555.08 and 1555.15 of the Revised	54939
Code, on July 1, 2001, or as soon as possible thereafter, the	54940
Director of Budget and Management shall transfer all cash in the	54941
Coal Research and Development Fund (Fund 046), which represents	54942
investment earnings of that fund previously credited to that fund,	54943
to the General Revenue Fund.	54944

Section 28.03. Prior to January 2002, the Director of Budget	54945
and Management shall select one administrative department listed	54946
in section 121.02 of the Revised Code, and one state agency with	54947
fewer full-time equivalent personnel than any of the departments	54948
listed in that section, to prepare a full zero-base budget for the	54949
biennium ending June 30, 2005, shall inform the agencies of their	54950
selection, and shall offer the two agencies substantial technical	54951
assistance throughout the process of preparing their zero-base	54952
budgets. Each of the agencies shall prepare a full zero-base	54953
budget in such manner and according to such schedule as the	54954
Director of Budget and Management requires. The zero-base budgets	54955
shall, as the Director of Budget and Management determines, be in	54956
addition to or in place of the estimates of revenue and proposed	54957
expenditures that other state agencies are required to prepare	54958
under section 126.02 of the Revised Code.	54959

Section 29.  CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

54960

General Revenue Fund

54961

General Services Fund Group

54964

Underground Parking Garage

54970

OHIO GOVERNMENT TELEVISION/TELECOMMUNICATIONS

54976

The Capitol Square Review and Advisory Board shall seek	54977
Controlling Board approval before spending any of the funds	54978
appropriated in appropriation item 874-604, Government	54979
Television/Telecommunications Operating.	54980

Section 30.  CHR STATE BOARD OF CHIROPRACTIC EXAMINERS

54981

General Services Fund Group

54982

Section 30.01. CHIROPRACTIC LICENSE EXAMINATION REQUIREMENTS

54988

If the State Chiropractic Board refused to issue a license to	54989
practice chiropractic to an individual solely because the	54990
individual did not meet the examination requirements of division	54991
(B)(4)(b) or (c) of section 4734.20 of the Revised Code, as	54992
specified on and after the effective date of Am. Sub. H.B. 506 of	54993
the 123rd General Assembly but before the effective date of this	54994
section, the Board shall reconsider the application and issue or	54995
refuse to issue a license according to the examination	54996
requirements specified in division (B)(4)(b) or (c) of section	54997
4734.20 of the Revised Code, as amended by this act.	54998

Section 31.  CIV OHIO CIVIL RIGHTS COMMISSION

54999

General Revenue Fund

55000

Federal Special Revenue Fund Group

55005

State Special Revenue Fund Group

55009

Section 32.  COM DEPARTMENT OF COMMERCE

55014

General Revenue Fund

55015

General Services Fund Group

55019

Federal Special Revenue Fund Group

55024

State Special Revenue Fund Group

55030

Liquor Control Fund Group

55054

GRANTS-VOLUNTEER FIRE DEPARTMENTS

55062

The foregoing appropriation item 800-402, Grants-Volunteer	55063
Fire Departments, shall be used to make annual grants to volunteer	55064
fire departments of up to $10,000, or up to $25,000 if the	55065
volunteer fire department provides service for an area affected by	55066
a natural disaster. The grant program shall be administered by	55067
the Fire Marshal under the Department of Commerce. The Fire	55068
Marshal shall adopt rules necessary for the administration and	55069
operation of the grant program.	55070

Notwithstanding section 3737.17 of the Revised Code, upon the	55071
request of the Director of Commerce, the Director of Budget and	55072
Management shall transfer $200,000 cash in fiscal year 2002 and	55073
$100,000 cash in fiscal year 2003 from the State Fire Marshal Fund	55074
(Fund 546) to the General Revenue Fund.	55075

Of the foregoing appropriation item 800-402, Grants-Volunteer	55076
Fire Departments, $200,000 in fiscal year 2002 shall be granted to	55077
the Monday Creek Fire Department.	55078

LABOR AND WORKER SAFETY

55079

The Department of Commerce may designate a portion of	55080
appropriation item 800-410, Labor and Worker Safety, to be used to	55081
match federal funding for the OSHA on-site consultation program.	55082

SMALL GOVERNMENT FIRE DEPARTMENTS

55083

Upon the request of the Director of Commerce, the Director of	55084
Budget and Management shall transfer $250,000 cash in each fiscal	55085
year from the State Fire Marshal Fund (Fund 546) within the State	55086
Special Revenue Fund Group to the Small Government Fire	55087
Departments Fund (Fund 5F1) within the General Services Fund	55088
Group.	55089

Notwithstanding section 3737.17 of the Revised Code, the	55090
foregoing appropriation item 800-635, Small Government Fire	55091
Departments, may be used to provide loans to private fire	55092
departments.	55093

PENALTY ENFORCEMENT

55094

The foregoing appropriation item 800-621, Penalty	55095
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	55096
of the Revised Code.	55097

On July 1, 2001, or as soon thereafter as possible, the	55098
Director of Budget and Management shall transfer the cash balance	55099
in the Penalty Enforcement Fund that was in the custody of the	55100
state treasury to the Penalty Enforcement Fund (Fund 5K7) that is	55101
created in the state treasury by section 4115.10 of the Revised	55102
Code. The fund shall be used for deposit of moneys received from	55103
penalties paid under section 4115.10 of the Revised Code.	55104

UNCLAIMED FUNDS PAYMENTS

55105

The foregoing appropriation item 800-625, Unclaimed	55106
Funds-Claims, shall be used to pay claims pursuant to section	55107
169.08 of the Revised Code. If it is determined that additional	55108
amounts are necessary, the amounts are appropriated.	55109

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

55110

The Director of Commerce may, upon concurrence by the	55111
Director of Budget and Management, submit to the Controlling Board	55112
for approval a request for increased appropriation authority for	55113
appropriation item 800-601, Merchandising.	55114

CASH BALANCE TRANSFER

55115

On July 1, 2001, or as soon thereafter as possible, the	55116
Director of Budget and Management shall transfer the cash balance	55117
in the Salvage and Exchange Fund (Fund 861) to the Liquor Control	55118
Fund (Fund 043) created in section 4301.12 of the Revised Code.	55119
Upon the completion of the transfer, the Salvage and Exchange	55120
Fund, which was created by the Controlling Board during the	55121
1973-1975 biennium, is abolished. The director shall cancel any	55122
existing encumbrances against appropriation item 800-634, Salvage	55123
and Exchange, and reestablish them against appropriation item	55124
800-627, Liquor Control Operating.	55125

DEVELOPMENT ASSISTANCE DEBT SERVICE

55126

The foregoing appropriation item 800-633, Development	55127
Assistance Debt Service, shall be used to meet all payments at the	55128
times they are required to be made during the period from July 1,	55129
2001, to June 30, 2003, for bond service charges on obligations	55130
issued under section 166.08 of the Revised Code, but limited to	55131
the aggregate amount of $32,275,900. If it is determined that	55132
additional appropriations are necessary for this purpose, such	55133
amounts are hereby appropriated, provided that the appropriation	55134
does not exceed $25,000,000 in any fiscal year, except as may be	55135
needed for payments on obligations issued to meet guarantees. The	55136
General Assembly acknowledges that an appropriation for this	55137
purpose is not required, but is made in this form and in this act	55138
for record purposes only.	55139

REVITALIZATION DEBT SERVICE

55140

The foregoing appropriation item 800-636, Revitalization Debt	55141
Service, shall be used to pay debt service and related financing	55142
costs during the period from July 1, 2001, to June 30, 2003, on	55143
obligations to be issued for revitalization purposes under Section	55144
2o of Article VIII, Ohio Constitution, and implementing	55145
legislation. If it is determined that additional appropriations	55146
are necessary for this purpose, such amounts are hereby	55147
appropriated. The General Assembly acknowledges: (A) the priority	55148
of the pledge of a portion of receipts from that source to	55149
obligations issued and to be issued and guarantees made and to be	55150
made under Chapter 166. of the Revised Code; and (B) that this	55151
appropriation is subject to further consideration pursuant to	55152
implementing legislation.	55153

ADMINISTRATIVE ASSESSMENTS

55154

Notwithstanding any other provision of law to the contrary,	55155
Fund 163, Administration, shall receive assessments from all	55156
operating funds of the department in accordance with procedures	55157
prescribed by the Director of Commerce and approved by the	55158
Director of Budget and Management.	55159

Section 33. OCC OFFICE OF CONSUMERS' COUNSEL

55160

General Services Fund Group

55161

CONSUMERS' COUNSEL TRANSFER

55165

On July 1, 2001, or as soon as possible thereafter, the	55166
Director of Budget and Management shall transfer $349,758.12 in	55167
cash from Fund 5F5, Consumers' Counsel Operating Fund, to the	55168
General Revenue Fund.	55169

Section 34.  CEB CONTROLLING BOARD

55170

General Revenue Fund

55171

State Special Revenue Fund Group

55176

FEDERAL SHARE

55181

In transferring appropriations to or from appropriation items	55182
that have federal shares identified in this act, the Controlling	55183
Board shall add or subtract corresponding amounts of federal	55184
matching funds at the percentages indicated by the state and	55185
federal division of the appropriations in this act. Such changes	55186
are appropriated.	55187

DISASTER ASSISTANCE

55188

Pursuant to requests submitted by the Department of Public	55189
Safety, the Controlling Board may approve transfers from the	55190
Emergency Purposes Fund to a Department of Public Safety General	55191
Revenue Fund appropriation item to provide funding for assistance	55192
to political subdivisions made necessary by natural disasters or	55193
emergencies. Such transfers may be requested and approved prior to	55194
the occurrence of any specific natural disasters or emergencies in	55195
order to facilitate the provision of timely assistance.	55196

SOUTHERN OHIO CORRECTIONAL FACILITY COST

55197

The Office of Criminal Justice Services and the Public	55198
Defender Commission may each request, upon approval of the	55199
Director of Budget and Management, additional funds from the	55200
Emergency Purposes Fund for costs related to the disturbance that	55201
occurred on April 11, 1993, at the Southern Ohio Correctional	55202
Facility in Lucasville, Ohio.	55203

DISASTER SERVICES

55204

Pursuant to requests submitted by the Department of Public	55205
Safety, the Controlling Board may approve transfers from the	55206
foregoing appropriation item 911-601, Disaster Services, to a	55207
Department of Public Safety General Revenue Fund appropriation	55208
item to provide for assistance to political subdivisions made	55209
necessary by natural disasters or emergencies. These transfers	55210
may be requested and approved prior to the occurrence of any	55211
specific natural disasters or emergencies in order to facilitate	55212
the provision of timely assistance. The Emergency Management	55213
Agency of the Department of Public Safety shall use the funding	55214
for disaster aid requests that meet the Emergency Management	55215
Agency's criteria for assistance.	55216

The foregoing appropriation item 911-601, Disaster Services,	55217
shall be used by the Controlling Board, pursuant to requests	55218
submitted by state agencies, to transfer cash and appropriation	55219
authority to any fund and appropriation item for the payment of	55220
state agency program expenses as follows:	55221

(A) The southern Ohio flooding, referred to as	55222
FEMA-DR-1164-OH;	55223

(B) The flood/storm disaster referred to as FEMA-DR-1227-OH;

55224

(C) The Southern Ohio flooding, referred to as	55225
FEMA-DR-1321-OH;	55226

(D) The flooding referred to as FEMA-DR-1339-OH;

55227

(E) The tornado/storms referred to as FEMA-DR-1343-OH;

55228

(F) Other disasters declared by the Governor, if the	55229
Director of Budget and Management determines that sufficient funds	55230
exist beyond the expected program costs of these disasters.	55231

MANDATE ASSISTANCE

55232

(A) The foregoing appropriation item 911-404, Mandate	55233
Assistance, shall be used to provide financial assistance to local	55234
units of government, school districts, and fire departments for	55235
the cost of the following three unfunded state mandates:	55236

(1) The cost to county prosecutors for prosecuting certain	55237
felonies that occur on the grounds of state institutions operated	55238
by the Department of Rehabilitation and Correction and the	55239
Department of Youth Services;	55240

(2) The cost, primarily to small villages and townships, of	55241
providing firefighter training and equipment or gear;	55242

(3) The cost to school districts of in-service training for	55243
child abuse detection.	55244

(B) The Department of Commerce, the Office of Criminal	55245
Justice Services, and the Department of Education may prepare and	55246
submit to the Controlling Board one or more requests to transfer	55247
appropriations from appropriation item 911-404, Mandate	55248
Assistance. The state agencies charged with this administrative	55249
responsibility are listed below, as well as the estimated annual	55250
amounts that the commission may propose be used for each program	55251
of state financial assistance.	55252

(C) Subject to the total amount appropriated in each fiscal	55259
year for appropriation item 911-404, Mandate Assistance, the	55260
Department of Commerce, the Office of Criminal Justice Services,	55261
and the Department of Education may request from the Controlling	55262
Board that amounts smaller or larger than these estimated annual	55263
amounts be transferred to each program.	55264

(D) In addition to making the initial transfers requested by	55265
the Department of Commerce, the Office of Criminal Justice	55266
Services, and the Department of Education, the Controlling Board	55267
may transfer appropriations received by a state agency under this	55268
section back to appropriation item 911-404, Mandate Assistance, or	55269
to one or more of the other programs of state financial assistance	55270
identified under this section.	55271

(E) It is expected that not all costs incurred by local	55272
units of government, school districts, and fire departments under	55273
each of the three programs of state financial assistance	55274
identified under this section will be fully reimbursed by the	55275
state. Reimbursement levels may vary by program and shall be	55276
based on: the relationship between the appropriation transfers	55277
requested by the Department of Commerce, the Office of Criminal	55278
Justice Services, and the Department of Education and provided by	55279
the Controlling Board for each of the programs; the rules and	55280
procedures established for each program by the administering state	55281
agency; and the actual costs incurred by local units of	55282
government, school districts, and fire departments.	55283

(F) Each of these programs of state financial assistance	55284
shall be carried out as follows:	55285

(1) PROSECUTION COSTS

55286

(a) Appropriations may be transferred to the Office of	55287
Criminal Justice Services to cover local prosecution costs for	55288
aggravated murder, murder, felonies of the first degree, and	55289
felonies of the second degree that occur on the grounds of	55290
institutions operated by the Department of Rehabilitation and	55291
Correction and the Department of Youth Services.	55292

(b) Upon a delinquency filing in juvenile court or the	55293
return of an indictment for aggravated murder, murder, or any	55294
felony of the first or second degree that was committed at a	55295
Department of Youth Services or a Department of Rehabilitation and	55296
Correction institution, the affected county may, in accordance	55297
with rules that the Office of Criminal Justice Services shall	55298
adopt, apply to the Office of Criminal Justice Services for a	55299
grant to cover all documented costs that are incurred by the	55300
county prosecutor's office.	55301

(c) Twice each year, the Office of Criminal Justice Services	55302
shall designate counties to receive grants from those counties	55303
that have submitted one or more applications in compliance with	55304
the rules that have been adopted by the Office of Criminal Justice	55305
Services for the receipt of such grants. In each year's first	55306
round of grant awards, if sufficient appropriations have been	55307
made, up to a total of $100,000 may be awarded. In each year's	55308
second round of grant awards, the remaining appropriations	55309
available for this purpose may be awarded.	55310

(d) If for a given round of grants there are insufficient	55311
appropriations to make grant awards to all the eligible counties,	55312
the first priority shall be given to counties with cases involving	55313
aggravated murder and murder, second priority shall be given to	55314
cases involving a felony of the first degree, and third priority	55315
shall be given to cases involving a felony of the second degree.	55316
Within these priorities, the grant awards shall be based on the	55317
order in which the applications were received, except that	55318
applications for cases involving a felony of the first or second	55319
degree shall not be considered in more than two consecutive rounds	55320
of grant awards.	55321

(2) FIREFIGHTER TRAINING COSTS

55322

Appropriations may be transferred to the Department of	55323
Commerce for use as full or partial reimbursement to local units	55324
of government and fire departments for the cost of firefighter	55325
training and equipment or gear. In accordance with rules that the	55326
department shall adopt, a local unit of government or fire	55327
department may apply to the department for a grant to cover all	55328
documented costs that are incurred to provide firefighter training	55329
and equipment or gear. The department shall make grants within	55330
the limits of the funding provided, with priority given to fire	55331
departments that serve small villages and townships.	55332

(3) CHILD ABUSE DETECTION TRAINING COSTS

55333

Appropriations may be transferred to the Department of	55334
Education for disbursement to local school districts as full or	55335
partial reimbursement for the cost of providing in-service	55336
training for child abuse detection. In accordance with rules that	55337
the department shall adopt, a local school district may apply to	55338
the department for a grant to cover all documented costs that are	55339
incurred to provide in-service training for child abuse detection.	55340
The department shall make grants within the limits of the funding	55341
provided.	55342

(G) Any moneys allocated within appropriation item 911-404,	55343
Mandate Assistance, not fully utilized may, upon application of	55344
the Department of Education, and with the approval of the	55345
Controlling Board, be disbursed to boards of county commissioners	55346
to provide reimbursement for office space, equipment, and related	55347
mandated expenses for educational service centers.	55348

The amount to be disbursed to each county shall be allocated	55349
proportionately to the ADM of the educational service center for	55350
which a board of county commissioners is required to provide an	55351
office under section 3319.19 of the Revised Code.	55352

OHIO'S BICENTENNIAL CELEBRATION

55353

The foregoing appropriation item 911-408, Ohio's Bicentennial	55354
Celebration, shall be distributed according to a plan approved by	55355
the Ohio Bicentennial Commission. Pursuant to requests submitted	55356
by the Ohio Bicentennial Commission, the Controlling Board may	55357
approve transfers from the foregoing appropriation item 911-408,	55358
Ohio's Bicentennial Celebration, to appropriation item 360-503,	55359
Ohio Bicentennial Commission, or to other new or existing	55360
appropriation items of a state agency or other entity as specified	55361
by the commission.	55362

Of the foregoing appropriation item 911-408, Ohio's	55363
Bicentennial Celebration, $100,000 in each fiscal year shall be	55364
distributed to Inventing Flight 2003, $75,000 in each fiscal year	55365
shall be distributed to the North Ridgeville Historical Society,	55366
and $62,500 in each fiscal year shall be distributed to the Gallia	55367
County Historical Society.	55368

BALLOT ADVERTISING COSTS

55369

Pursuant to requests submitted by the Ohio Ballot Board, the	55370
Controlling Board shall approve transfers from the foregoing	55371
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	55372
Ballot Board appropriation item in order to reimburse county	55373
boards of elections for the cost of public notices associated with	55374
statewide ballot initiatives.	55375

Of the foregoing appropriation item 911-441, Ballot	55376
Advertising Costs, the Director of Budget and Management shall	55377
transfer any amounts that are not needed for the purpose of	55378
reimbursing county boards of elections for the cost of public	55379
notices associated with statewide ballot initiatives to	55380
appropriation item 911-404, Mandate Assistance.	55381

Section 35.  COS STATE BOARD OF COSMETOLOGY

55382

General Services Fund Group

55383

Section 36.  CSW COUNSELOR AND SOCIAL WORKERS BOARD

55389

General Services Fund Group

55390

Section 37. CLA COURT OF CLAIMS

55396

General Revenue Fund

55397

State Special Revenue Fund Group

55400

Section 38.  CJS OFFICE OF CRIMINAL JUSTICE SERVICES

55406

General Revenue Fund

55407

General Services Fund Group

55413

Federal Special Revenue Fund Group

55416

INDIGENT DEFENSE

55421

The Office of Criminal Justice Services shall make all	55422
efforts to maximize the amount of funding available for the	55423
defense of indigent persons.	55424

CRIMINAL JUSTICE INFORMATION SYSTEM

55425

The foregoing appropriation item 196-401, Criminal Justice	55426
Information System, shall be used by the Office of Criminal	55427
Justice Services to work on a plan to improve Ohio's criminal	55428
justice information systems. The Director of Criminal Justice	55429
Services shall evaluate the progress of this plan and issue a	55430
report to the Governor, the Speaker and the Minority Leader of the	55431
House of Representatives, the President and the Minority Leader of	55432
the Senate, the Criminal Justice Policy Board, and the Legislative	55433
Service Commission by the first day of January of each year of the	55434
two-year biennium beginning July 1, 2001, and ending June 30,	55435
2003.	55436

OPERATING EXPENSES

55437

Of the foregoing appropriation item 196-424, Operating	55438
Expenses, up to $577,642 in fiscal year 2002 and up to $606,109 in	55439
fiscal year 2003 shall be used for the purpose of matching federal	55440
funds.	55441

JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT

55442

The foregoing appropriation item 196-602, Juvenile Justice	55443
Program, shall be used to fund and close out the Juvenile	55444
Accountability Incentive Block Grant Program for federal fiscal	55445
year 1999.	55446

Section 39.  DEN STATE DENTAL BOARD

55447

General Services Fund Group

55448

Section 40.  BDP BOARD OF DEPOSIT

55454

General Services Fund Group

55455

BOARD OF DEPOSIT EXPENSE FUND

55460

Upon receiving certification of expenses from the Treasurer	55461
of State, the Director of Budget and Management shall transfer	55462
cash from the Investment Earnings Redistribution Fund (Fund 608)	55463
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	55464
shall be used to pay for banking charges and fees required for the	55465
operation of the State of Ohio Regular Account.	55466

Section 41. DEV DEPARTMENT OF DEVELOPMENT

55467

General Revenue Fund

55468

General Services Fund Group

55505

Federal Special Revenue Fund Group

55511

State Special Revenue Fund Group

55526

Facilities Establishment Fund

55543

Coal Research/Development Fund

55551

Section 41.01.  WASHINGTON OFFICE

55557

Of the foregoing appropriation items 195-100, Personal	55558
Services, 195-200, Maintenance, and 195-300, Equipment, no more	55559
than $335,700 in fiscal year 2002 and $335,700 in fiscal year 2003	55560
may be transferred to the General Reimbursement Fund (Fund 685) to	55561
support the Washington Office. The transfer shall be made using	55562
an intrastate transfer voucher.	55563

THOMAS EDISON PROGRAM

55564

The foregoing appropriation item 195-401, Thomas Edison	55565
Program, shall be used for the purposes of sections 122.28 to	55566
122.38 of the Revised Code in order to provide funds for	55567
cooperative public and private efforts in technological innovation	55568
to promote the development and transfer of technology by and to	55569
Ohio businesses that will lead to the creation of jobs, and to	55570
provide for the administration of this program by the Technology	55571
Division.	55572

Of the foregoing appropriation item 195-401, Thomas Edison	55573
Program, not more than $2,153,282 in fiscal year 2002 and	55574
$2,228,537 in fiscal year 2003 shall be used for the Technology	55575
Division's operating expenses in administering this program.	55576

Of the foregoing appropriation item 195-401, Thomas Edison	55577
Program, $187,500 in each fiscal year shall be used for the	55578
establishment of an e-logistics port at Rickenbacker Port	55579
Authority, and $100,000 in fiscal year 2002 shall be used for the	55580
University of Akron Metals Technology Facility Feasibility Study.	55581

Section 41.02.  SMALL BUSINESS DEVELOPMENT

55582

The foregoing appropriation item 195-404, Small Business	55583
Development, shall be used to ensure that the unique needs and	55584
concerns of small businesses are addressed.	55585

The foregoing appropriation shall be used to provide grants	55586
to local organizations to support the operation of Small Business	55587
Development Centers, and other local economic development activity	55588
promoting small business and for the cost of administering the	55589
program. The centers shall provide technical, financial, and	55590
management consultation for small business, and facilitate access	55591
to state and federal programs. These funds shall be used as	55592
matching funds for grants from the United States Small Business	55593
Administration and other federal agencies, pursuant to Public Law	55594
No. 96-302 (1980) as amended by Public Law No. 98-395 (1984), and	55595
regulations and policy guidelines for these programs.	55596

In addition, the Office of Small Business shall operate the	55597
One-Stop Business Permit Center, the Women's Business Resource	55598
Program, support government procurement assistance, and implement	55599
and coordinate the duties imposed on the Department of Development	55600
by Am. Sub. S.B. 239 of the 115th General Assembly.	55601

MINORITY BUSINESS DEVELOPMENT DIVISION

55602

Of the foregoing appropriation item 195-405, Minority	55603
Business Development Division, no less than $1,060,000 in each	55604
fiscal year shall be used to fund minority contractors and	55605
business assistance organizations. The Minority Business	55606
Development Division shall determine which cities need minority	55607
contractors and business assistance organizations by utilizing	55608
United States Census Bureau data and zip codes to locate the	55609
highest concentrations of minority businesses. The Minority	55610
Business Development Division also shall determine the numbers of	55611
minority contractors and business assistance organizations	55612
necessary and the amount of funding to be provided each. In	55613
addition, the Minority Business Development Division shall	55614
continue to plan and implement business conferences.	55615

Section 41.03.  TRANSITIONAL AND PERMANENT HOUSING PROGRAM

55616

Of the foregoing appropriation item 195-406, Transitional and	55617
Permanent Housing, the Office of Housing and Community	55618
Partnerships shall make grants to local governments and nonprofit	55619
organizations for the acquisition, rehabilitation, renovation,	55620
construction, conversion, operating, and supportive services costs	55621
for both new and existing transitional and permanent housing for	55622
the homeless.	55623

COAL RESEARCH DEVELOPMENT

55624

The foregoing appropriation item 195-408, Coal Research	55625
Development, shall be used for the administrative costs of the	55626
Coal Development Office within the Technology Division and for	55627
grants that encourage, promote, and assist the use of Ohio coal	55628
pursuant to section 1551.32 of the Revised Code.	55629

Section 41.04. BUSINESS DEVELOPMENT

55630

The foregoing appropriation item 195-412, Business	55631
Development Grants, shall be used as an incentive for attracting	55632
and retaining business opportunities for the state. Any such	55633
business opportunity, whether new, expanding, or relocating in	55634
Ohio, is eligible for funding. The project must create or retain	55635
a significant number of jobs for Ohioans. Grant awards may be	55636
considered only when (1) the project's viability hinges on an	55637
award of appropriation item 195-412, Business Development Grants,	55638
funds; (2) all other public or private sources of financing have	55639
been considered; or (3) the funds act as a catalyst for the	55640
infusion into the project of other financing sources.	55641

The department's primary goal shall be to award funds to	55642
political subdivisions of the state for off-site infrastructure	55643
improvements. In order to meet the particular needs of economic	55644
development in a region, the department may elect to award funds	55645
directly to a business for on-site infrastructure improvements.	55646
Infrastructure improvements mean improvements to water system	55647
facilities, sewer and sewage treatment facilities, electric or gas	55648
service facilities, fiber optic facilities, rail facilities, site	55649
preparation, and parking facilities. The Director of Development	55650
may recommend the funds be used in an alternative manner when	55651
deemed appropriate to meet an extraordinary economic development	55652
opportunity or need.	55653

The foregoing appropriation item 195-412, Business	55654
Development Grants, may be expended only after the submission of a	55655
request to the Controlling Board by the Department of Development	55656
outlining the planned use of the funds, and the subsequent	55657
approval of the request by the Controlling Board.	55658

The foregoing appropriation item 195-412, Business	55659
Development Grants, may be used for, but is not limited to,	55660
construction, rehabilitation, and acquisition projects for rail	55661
freight assistance as requested by the Department of	55662
Transportation. The Director of Transportation shall submit the	55663
proposed projects to the Director of Development for an evaluation	55664
of potential economic benefit.	55665

Section 41.05.  FIRST FRONTIER MATCH

55666

The foregoing appropriation item 195-414, First Frontier	55667
Match, shall be used as matching funds to targeted counties for	55668
the purpose of marketing state, regional, and local	55669
characteristics that may attract economic development. Targeted	55670
counties mean counties that have a population of less than 175,000	55671
residents. The appropriation may be used either for marketing	55672
programs by individual targeted counties or regional marketing	55673
campaigns, which are marketing programs in which at least one	55674
targeted county is participating with one or more other targeted	55675
counties or larger counties.	55676

REGIONAL OFFICES AND ECONOMIC DEVELOPMENT

55677

The foregoing appropriation item 195-415, Regional Offices	55678
and Economic Development, shall be used for the operating expenses	55679
of the Economic Development Division and the regional economic	55680
development offices and for grants for cooperative economic	55681
development ventures.	55682

Section 41.06.  GOVERNOR'S OFFICE OF APPALACHIAN OHIO

55683

The foregoing appropriation item 195-416, Governor's Office	55684
of Appalachia, shall be used for the administrative costs of	55685
planning and liaison activities for the Governor's Office of	55686
Appalachian Ohio. Funds not expended for liaison and training	55687
activities may be expended for special project grants within the	55688
Appalachian Region.	55689

Of the foregoing appropriation item 195-416, Governor's	55690
Office of Appalachia, up to $250,000 each fiscal year shall be	55691
used to match federal funds from the Appalachian Development	55692
Commission to provide job training to impact the Appalachian	55693
Region.	55694

Of the foregoing appropriation item 195-416, Governor's	55695
Office of Appalachia, $4,400,000 in each fiscal year shall be	55696
used in conjunction with other federal and state funds to provide	55697
financial assistance to projects in Ohio's Appalachian counties in	55698
order to further the goals of the Appalachian Regional Commission.	55699
Such projects and project sponsors shall meet Appalachian Regional	55700
Commission eligibility requirements. Grants shall be administered	55701
by the Department of Development.	55702

Of the foregoing appropriation item 195-416, Governor's	55703
Office of Appalachia, $500,000 in each fiscal year shall be used	55704
by the Appalachian Energy Grant Authority to make grants to	55705
eligible applicants to enhance and maintain the economic welfare	55706
of the Appalachian Region through the support of manufacturing in	55707
the region.	55708

URBAN/RURAL INITIATIVE

55709

The foregoing appropriation item 195-417, Urban/Rural	55710
Initiative, shall be used to make grants in accordance with	55711
sections 122.19 to 122.22 of the Ohio Revised Code.	55712

Of the foregoing appropriation item 195-417, Urban/Rural	55713
Initiative, $50,000 in each fiscal year shall be used for the	55714
Corning Civic Center; $50,000 in each fiscal year shall be used	55715
for the Somerset Historic Building; $365,000 in fiscal year 2002	55716
shall be used for State Route 13 Access Improvements; $50,000 in	55717
each fiscal year shall be used for the Murray City Flood	55718
Prevention; $62,800 in fiscal year 2002 and $427,800 in fiscal	55719
year 2003 shall be used for the Northern Perry Sewer; $75,000 in	55720
each fiscal year shall be used for the Village of Oak Hill Sewer	55721
System Improvements; $25,000 in each fiscal year shall be used for	55722
the Laurelville Community Projects; $62,500 in each fiscal year	55723
shall be used for the Gallia County Community Projects; $75,000 in	55724
each fiscal year shall be used for the Meigs County Community	55725
Projects; $125,000 in each fiscal year shall be used for the	55726
Crooksville Community Center; and $25,000 in each fiscal year	55727
shall be used for the Huber Opera House and Civic Center.	55728

TECHNOLOGY ACTION

55729

Prior to the release of funds from appropriation item	55730
195-422, Technology Action, each grant award shall first obtain	55731
approval from eight members of the Technology Action Board and	55732
from the Controlling Board.	55733

The Technology Action Board shall consist of fourteen	55734
members. The following ten members shall be appointed by the	55735
Governor with the advice and consent of the Senate. Six members	55736
shall be recognized technology and business leaders from the	55737
following sectors covering the state: Northeast, Southeast,	55738
Northwest, Central, Southwest, and the Miami Valley Area. One	55739
member shall come from the Wright Patterson Air Force Laboratory,	55740
one member shall come from the NASA Glenn Research Center, one	55741
member shall come from the Inter-University Council, and one	55742
member shall be the current Director of the Edison Centers	55743
Technology Council.	55744

The chair of the Technology Action Board shall be the	55745
Governor's Science and Technology Advisor, with staff and other	55746
support as needed from the Department of Development's Technology	55747
Division and from the Board of Regents' Academic and Access	55748
Division. In addition, the Directors of Development and	55749
Transportation (or their designees), and the Chancellor of the	55750
Board of Regents (or the Chancellor's designee), shall serve as	55751
ex-officio members of the Technology Action Board.	55752

The Technology Action Board, in accordance with Chapter 119.	55753
of the Revised Code, shall adopt rules governing the Board's grant	55754
award program, including rules specifying application procedures	55755
for and standards for grant awards under the program and rules	55756
prescribing the form of the application for a grant award under	55757
the program. The rules shall require grant awards under the	55758
program to be used by the applicant to whom a grant is awarded for	55759
the specific purposes stated by the applicant in the approved	55760
application for the grant and grant awards also may be made to a	55761
technology capital fund that is headquartered in any of the	55762
Governor's economic development regions that has not yet received	55763
venture capital funding. Not less than thirty per cent of the	55764
total grants awarded in each fiscal year by the Technology Action	55765
Board shall be given to job creation or retention efforts by	55766
for-profit organizations and businesses.	55767

Of the foregoing appropriation item 195-422, Technology	55768
Action, not more than six per cent in each fiscal year shall be	55769
used for operating expenditures in administering this program.	55770

In addition to the six per cent for operating expenditures,	55771
an additional administrative amount, not to exceed $1,500,000	55772
within the biennium, shall be used for research, analyses, and	55773
marketing efforts deemed necessary to receive and disseminate	55774
information about science and technology related opportunities.	55775

Of the foregoing appropriation item 195-422, Technology	55776
Action, $500,000 in each fiscal year shall be used for the	55777
EMTEK/Delphi Project for Wire Break Technology, and $50,000 in	55778
fiscal year 2002 shall be used for the Ohio Aerospace Institute.	55779

SCIENCE AND TECHNOLOGY COLLABORATION

55780

The Board of Regents shall work in close collaboration with	55781
the Department of Development, the Biomedical Research and	55782
Technology Transfer Commission, created within the Board of	55783
Regents by section 183.20 of the Revised Code, and the Technology	55784
Action Board in relation to appropriation items and programs	55785
listed in the following paragraph, and other technology-related	55786
appropriations and programs in the Department of Development and	55787
the Board of Regents as these agencies may designate, to ensure	55788
implementation of a coherent state strategy with respect to	55789
science and technology.	55790

Each of the following appropriations and programs: 194-401,	55791
Thomas Edison Program; 195-408, Coal Research Development;	55792
195-422, Technology Action; 195-632, Coal Research and Development	55793
Fund; 235-428, Appalachian New Economy Partnership; 235-454,	55794
Research Challenge; 235-510, Ohio Supercomputer Center; 235-527,	55795
Ohio Aerospace Institute; 235-535, Agricultural Research and	55796
Development Center; 235-554, Computer Science Graduate Education;	55797
235-556, Ohio Academic Resources Network; and 235-405, Biomedical	55798
Research and Technology Transfer Commission, shall be reviewed	55799
annually by the Technology Action Board with respect to its	55800
development of complementary relationships within a combined state	55801
science and technology investment portfolio and its overall	55802
contribution to the state's science and technology strategy,	55803
including the adoption of appropriately consistent criteria for:	55804
(1) the scientific merit of activities supported by the program;	55805
(2) the relevance of the program's activities to commercial	55806
opportunities in the private sector; and (3) the private sector's	55807
involvement in a process that continually evaluates commercial	55808
opportunities to use the work supported by the program. The	55809
annual review by the Technology Action Board shall be a	55810
comprehensive review of the entire state science and technology	55811
program portfolio rather than a review of individual programs.	55812

Section 41.07. COMMUNITY DEVELOPMENT CORPORATIONS

55813

Of the foregoing appropriation item 195-431, Community	55814
Development Corporation Grants, a portion of funds in each fiscal	55815
year of the biennium shall be used to make grants to the Ohio	55816
Community Development Finance Fund, a nonprofit corporation, in	55817
order to leverage private-sector funds to assist nonprofit	55818
development organizations to create affordable housing and	55819
permanent jobs in distressed areas of the state. The remaining	55820
moneys shall be used to provide funds to assist local community	55821
development corporations to develop affordable housing programs	55822
and economic development programs in their neighborhoods, and for	55823
operating costs.	55824

Of the foregoing appropriation item 195-431, Community	55825
Development Corporation Grants, not less than $100,000 in each	55826
fiscal year shall be used to provide training, technical	55827
assistance, and capacity building assistance to nonprofit	55828
development organizations in underserved areas of the state. For	55829
grants awarded in each fiscal year of the biennium, priority shall	55830
be given to proposals submitted by nonprofit development	55831
organizations from underserved areas of the state.	55832

Section 41.08.  INTERNATIONAL TRADE

55833

The foregoing appropriation item 195-432, International	55834
Trade, shall be used to operate and to maintain Ohio's	55835
out-of-state trade offices.	55836

The Director of Development may enter into contracts with	55837
foreign nationals to staff foreign offices. Such contracts may be	55838
paid in local currency or United States currency and shall be	55839
exempt from the provisions of section 127.16 of the Revised Code.	55840
The director also may establish foreign currency accounts in	55841
accordance with section 122.05 of the Revised Code for the payment	55842
of expenses related to the operation and maintenance of the	55843
foreign trade offices.	55844

The foregoing appropriation item 195-432, International	55845
Trade, shall be used to fund the International Trade Division and	55846
to assist Ohio manufacturers and agricultural producers in	55847
exporting to foreign countries in conjunction with the Department	55848
of Agriculture.	55849

Of the foregoing appropriation item 195-432, International	55850
Trade, up to $35,000 may be used to purchase gifts for	55851
representatives of foreign governments or dignitaries of foreign	55852
countries.	55853

Section 41.09.  OHIO INVESTMENT IN TRAINING PROGRAM

55854

The foregoing appropriation item 195-434, Investment in	55855
Training Grants, shall be used to promote industrial training	55856
through training grants for the reimbursement of eligible training	55857
expenses.	55858

Section 41.10.  EMERGENCY SHELTER HOUSING GRANTS

55859

(A) As used in this section, "emergency shelter housing"	55860
means a structure suitable for the temporary housing of the	55861
homeless and the provision of, or referral to, supportive	55862
services. Shelters that restrict admission to victims of domestic	55863
violence, runaways, or alcohol or substance abusers shall not be	55864
considered emergency shelter housing.	55865

(B) The foregoing appropriation item 195-440, Emergency	55866
Shelter Housing Grants, shall be used by the Office of Housing and	55867
Community Partnerships in the Department of Development to make	55868
grants to private, nonprofit organizations to provide emergency	55869
shelter housing for the homeless. The department shall distribute	55870
the grants pursuant to rules adopted by the Director of	55871
Development. The director may amend or rescind the rules and may	55872
adopt other rules necessary to implement this section. In awarding	55873
grants, the department shall give preference to organizations	55874
applying to fund existing emergency shelter housing.	55875

The department shall notify each organization that applied	55876
for a grant under this section of the amount of its grant award,	55877
if any. To receive a grant, the organization shall provide	55878
matching funds equal to 50 per cent of the total grant it was	55879
awarded. The organization shall expend its grant for shelter	55880
operations and supportive services, which include employment	55881
assistance, case management, information and referral services,	55882
transportation, and clothing. In providing employment assistance,	55883
the organization shall, at a minimum, refer persons to the	55884
Department of Job and Family Services.	55885

LOW AND MODERATE INCOME HOUSING

55886

The Director of Budget and Management, after consulting with	55887
the Director of Development, shall transfer up to $19,000,000 from	55888
appropriation item 195-441, Low and Moderate Income Housing, to	55889
appropriation item 195-638, Low and Moderate Income Housing Trust	55890
Fund. This transfer shall be made via an intrastate transfer	55891
voucher.	55892

TANF TRANSFER TO CDBG OPERATING MATCH

55893

The Office of Housing and Community Partnerships of the	55894
Department of Development shall use $5,200,000 of appropriation	55895
authority transferred from appropriation item 600-689, TANF Block	55896
Grant, in the Department of Job and Family Services in fiscal year	55897
2002 to appropriation item 195-497, CDBG Operating Match, in the	55898
Department of Development, and $6,500,000 of appropriation	55899
authority transferred from appropriation item 600-689, TANF Block	55900
Grant, in fiscal year 2003 to appropriation item 195-497, CDBG	55901
Operating Match, to provide grants supportive services for	55902
low-income families related to housing or homelessness, including	55903
housing counseling; to provide grants to nonprofit organizations	55904
to assist families with incomes at or below 200 per cent of the	55905
federal poverty guidelines with down payment assistance for	55906
homeownership, including the purchase of mobile homes; to provide	55907
emergency home repair funding for families with incomes at or	55908
below 200 per cent of the federal poverty guideline; to provide	55909
operating support for family emergency shelter programs; and to	55910
provide emergency rent and mortgage assistance for families with	55911
incomes at or below 200 per cent of the federal poverty guideline.	55912
TANF funds shall not be used to match federal funds.	55913

The Department of Development shall comply with all TANF	55914
requirements, including reporting requirements and timelines, as	55915
specified in state and federal laws, federal regulations, state	55916
rules, and the Title IV-A state plan, and is responsible for	55917
payment of any adverse audit finding, final disallowance of	55918
federal financial participation, or other sanction or penalty	55919
issued by the federal government or other entity concerning these	55920
funds.	55921

No more than five per cent of transferred funds may be used	55922
by the department for administrative expenses of these programs.	55923
Transfer of funds between these programs shall first obtain	55924
approval of the Controlling Board.	55925

As used in this section, "federal poverty guideline" means	55926
the poverty guideline as defined by the United States Office of	55927
Management and Budget and revised by the United States Secretary	55928
of Health and Human Services in accordance with section 673 of the	55929
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42	55930
U.S.C.A. 9902, as amended.	55931

UTILITY BILL CREDIT

55932

The foregoing appropriation item 195-505, Utility Bill	55933
Credits, shall be used to provide utility and fuel assistance to	55934
eligible low-income Ohio households with elderly and disabled	55935
members.	55936

Section 41.11.  TRAVEL AND TOURISM GRANTS

55937

The foregoing appropriation item 195-507, Travel and Tourism	55938
Grants, shall be used to provide grants to local organizations to	55939
support various local travel and tourism events in Ohio.	55940

Of the foregoing appropriation item 195-507, Travel and	55941
Tourism Grants, up to $200,000 in each fiscal year of the biennium	55942
may be used to support the outdoor dramas Trumpet in the Land,	55943
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama;	55944
$50,000 in each fiscal year shall be used for the Greater	55945
Cleveland Film Commission; $50,000 in each fiscal year shall be	55946
used for the Cincinnati Film Commission; $50,000 in each fiscal	55947
year shall be used for the American Classical Music Hall of Fame;	55948
$100,000 in each fiscal year shall be used for the Ottawa County	55949
Visitors Bureau, the Sandusky/Erie County Visitors and Convention	55950
Bureau, and the Lorain County Visitors Bureau for collaborative	55951
efforts to promote tourism; $50,000 in each fiscal year shall be	55952
used for the Ohio River Trails; and $750,000 in each fiscal year	55953
shall be used for grants to the International Center for the	55954
Preservation of Wild Animals and the Ohio Zoo Consortium.	55955

ISSUE 1 IMPLEMENTATION

55956

The foregoing appropriation item 195-510, Issue 1	55957
Implementation, shall be used to begin the implementation of	55958
Article VIII, Section 2o of the Ohio Constitution.	55959

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

55960

The foregoing appropriation item 195-906, Coal Research and	55961
Development General Obligation Debt Service shall be used to pay	55962
all debt service and financing costs at the times they are	55963
required to be made under sections 151.01 and 151.07 of the	55964
Revised Code during the period from July 1, 2001, to June 30,	55965
2003. The Office of the Sinking Fund or the Director of Budget	55966
and Management shall effectuate the required payments by an	55967
intrastate transfer voucher.	55968

Section 41.12. SUPPORTIVE SERVICES

55969

The Director of Development may assess divisions of the	55970
department for the cost of central service operations. Such an	55971
assessment shall be based on a plan submitted to and approved by	55972
the Office of Budget and Management by the first day of August of	55973
each fiscal year, and contain the characteristics of	55974
administrative ease and uniform application.	55975

A division's payments shall be credited to the Supportive	55976
Services Fund (Fund 135) using an intrastate transfer voucher.	55977

GENERAL REIMBURSEMENT

55978

The foregoing appropriation item 195-636, General	55979
Reimbursements, shall be used for conference and subscription fees	55980
and other reimbursable costs. Revenues to the General	55981
Reimbursement Fund (Fund 685) shall consist of fees and other	55982
moneys charged for conferences, subscriptions, and other	55983
administrative costs that are not central service costs.	55984

HEAP WEATHERIZATION

55985

Fifteen per cent of the federal funds received by the state	55986
for the Home Energy Assistance Block Grant shall be deposited in	55987
the Department of Development's Federal Special Revenue Fund (Fund	55988
3K9) and shall be used to provide home weatherization services in	55989
the state.	55990

HOME PROGRAM

55991

On July 1, 2001, or as soon as possible thereafter, the	55992
Director of Development shall certify to the Director of Budget	55993
and Management the cash balance and open encumbrances relating to	55994
the HOME Program located within Fund 308, appropriation item	55995
195-603, Housing and Urban Development. The Director of Budget	55996
and Management shall transfer the certified amount to newly	55997
created Fund 3V1, HOME Program. Any existing encumbrances in	55998
appropriation item 195-603 for the HOME Program shall be canceled	55999
and re-established against appropriation item 195-601, HOME	56000
Program. These re-established amounts are appropriated.	56001

STATE SPECIAL PROJECTS

56002

The foregoing appropriation item 195-639, State Special	56003
Projects, shall be used as a general account for the deposit of	56004
private-sector funds from utility companies and other	56005
miscellaneous state funds. Private-sector moneys shall be used	56006
to (1) pay the expenses of verifying the income-eligibility of	56007
HEAP applicants, (2) market economic development opportunities in	56008
the state, and (3) leverage additional federal funds. State funds	56009
shall be used to match federal housing grants for the homeless.	56010

Section 41.13.  MINORITY BUSINESS ENTERPRISE LOAN

56011

All repayments from the Minority Development Financing	56012
Advisory Board loan program and the Ohio Mini-Loan Guarantee	56013
Program shall be deposited in the State Treasury, to the credit of	56014
the Minority Business Enterprise Loan Fund (Fund 4W1).	56015

All operating costs of administering the Minority Business	56016
Enterprise Loan Fund shall be paid from the Minority Business	56017
Enterprise Loan Fund (Fund 4WI).	56018

MINORITY BUSINESS BONDING FUND

56019

Notwithstanding Chapters 122., 169., and 175. of the Revised	56020
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	56021
General Assembly, the Director of Development may, upon the	56022
recommendation of the Minority Development Financing Advisory	56023
Board, pledge up to $10,000,000 in the 2001-2003 biennium of	56024
unclaimed funds administered by the Director of Commerce and	56025
allocated to the Minority Business Bonding Program pursuant to	56026
section 169.05 of the Revised Code. The transfer of any cash by	56027
the Director of Budget and Management from the Department of	56028
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	56029
Development's Minority Business Bonding Fund (Fund 449) shall	56030
occur, if requested by the Director of Development, only if such	56031
funds are needed for payment of losses arising from the Minority	56032
Business Bonding Program, and only after proceeds of the initial	56033
transfer of $2,700,000 by the Controlling Board to the Minority	56034
Business Bonding Program has been used for that purpose. Moneys	56035
transferred by the Director of Budget and Management from the	56036
Department of Commerce for this purpose may be moneys in custodial	56037
funds held by the Treasurer of State. If expenditures are	56038
required for payment of losses arising from the Minority Business	56039
Bonding Program, such expenditures shall be made from	56040
appropriation item 195-623, Minority Business Bonding Contingency	56041
in the Minority Business Bonding Fund, and such amounts are	56042
appropriated.	56043

MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION

56044

Investment earnings of the Minority Business Bonding Fund	56045
(Fund 449) shall be credited to the Minority Business Bonding	56046
Program Administration Fund (Fund 450).	56047

Section 41.14. ECONOMIC DEVELOPMENT FINANCING OPERATING

56048

The foregoing appropriation item 195-625, Economic	56049
Development Financing Operating, shall be used for the operating	56050
expenses of financial assistance programs authorized under Chapter	56051
166. of the Revised Code and under sections 122.43 and 122.45 of	56052
the Revised Code.	56053

UNIVERSAL SERVICE FUND

56054

The foregoing appropriation item 195-659, Universal Service,	56055
shall be used to provide electric utility assistance benefits to	56056
Percentage of Income Payment Plan (PIPP) electric accounts, to	56057
fund targeted energy efficiency and customer education services to	56058
PIPP customers, and to cover the department's administrative costs	56059
related to the Universal Service Fund Programs.	56060

ENERGY EFFICIENCY REVOLVING LOAN FUND

56061

The foregoing appropriation item 195-660, Energy Efficiency	56062
Revolving Loan, shall be used to provide financial assistance to	56063
customers for eligible energy efficiency projects for residential,	56064
commercial and industrial business, local government, educational	56065
institution, nonprofit, and agriculture customers, and to pay for	56066
the program's administrative costs as provided in the Revised Code	56067
and rules adopted by the Director of Development.	56068

VOLUME CAP ADMINISTRATION

56069

The foregoing appropriation item 195-654, Volume Cap	56070
Administration, shall be used for expenses related to the	56071
administration of the Volume Cap Program. Revenues received by	56072
the Volume Cap Administration Fund (Fund 617) shall consist of	56073
application fees, forfeited deposits, and interest earned from the	56074
custodial account held by the Treasurer of State.	56075

Section 41.15.  FACILITIES ESTABLISHMENT FUND

56076

The foregoing appropriation item 195-615, Facilities	56077
Establishment (Fund 037), shall be used for the purposes of the	56078
Facilities Establishment Fund under Chapter 166. of the Revised	56079
Code.	56080

Of the foregoing appropriation item 195-615, Facilities	56081
Establishment (Fund 037), up to $5,000,000 in each fiscal year	56082
shall be used for the implementation of H.B. 6 of the 124th	56083
General Assembly, if the bill becomes law.	56084

Notwithstanding Chapter 166. of the Revised Code, up to	56085
$1,600,000 may be transferred each fiscal year from the Facilities	56086
Establishment Fund (Fund 037) to the Economic Development	56087
Financing Operating Fund (Fund 451). The transfer is subject to	56088
Controlling Board approval pursuant to division (B) of section	56089
166.03 of the Revised Code.	56090

Notwithstanding Chapter 166. of the Revised Code, up to	56091
$3,800,000 may be transferred in each fiscal year of the biennium	56092
from the Facilities Establishment Fund (Fund 037) to the Minority	56093
Business Enterprise Loan Fund (Fund 4W1). The transfer is subject	56094
to Controlling Board approval pursuant to division (B) of section	56095
166.03 of the Revised Code.	56096

Notwithstanding Chapter 166. of the Revised Code, up to	56097
$5,000,000 cash may be transferred during the biennium from the	56098
Facilities Establishment Fund (Fund 037) to the Port Authority	56099
Bond Reserves Fund (Fund 5D1) for use by any port authority in	56100
establishing or supplementing bond reserve funds for any bond	56101
issuance permitted under Chapter 4582. of the Revised Code. The	56102
Director of Development shall develop program guidelines for the	56103
transfer and release of funds, including, but not limited to, a	56104
provision that a port authority shall receive not more than	56105
$2,000,000 total from the fund. The transfer and release of funds	56106
are subject to Controlling Board approval. Of the foregoing	56107
appropriation item 195-649, Port Authority Bond Reserves,	56108
$2,000,000 over the biennium, subject to Controlling Board	56109
approval, shall go to the Dayton Montgomery County Port Authority	56110
to establish or supplement bond reserves for job retention	56111
purposes per the guidelines set forth by the Director of	56112
Development.	56113

Notwithstanding Chapter 166. of the Revised Code, up to	56114
$20,475,000 cash may be transferred during the biennium from the	56115
Facilities Establishment Fund (Fund 037) to the Urban	56116
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing	56117
barriers to urban core redevelopment. The Director of Development	56118
shall develop program guidelines for the transfer and release of	56119
funds, including, but not limited to, the completion of all	56120
appropriate environmental assessments before state assistance is	56121
committed to a project.	56122

Notwithstanding Chapter 166. of the Revised Code, up to	56123
$5,000,000 per fiscal year in cash may be transferred from the	56124
Facilities Establishment Fund (Fund 037) to the Rural Industrial	56125
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling	56126
Board approval pursuant to section 166.03 of the Revised Code.	56127

FAMILY FARM LOAN PROGRAM

56128

Notwithstanding Chapter 166. of the Revised Code, up to	56129
$2,246,375 in each fiscal year shall be transferred from moneys in	56130
the Facilities Establishment Fund (Fund 037) to the Family Farm	56131
Loan Fund (Fund 5H1) in the Department of Development. These	56132
moneys shall be used for loan guarantees. The transfer is subject	56133
to Controlling Board approval.	56134

Financial assistance from the Family Farm Loan Fund (Fund	56135
5H1) shall be repaid to Fund 5H1. This fund is established in	56136
accordance with sections 166.031, 901.80, 901.81, 901.82, and	56137
901.83 of the Revised Code.	56138

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	56139
all outstanding balances, all loan repayments, and any other	56140
outstanding obligations shall revert to the Facilities	56141
Establishment Fund (Fund 037).	56142

Section 41.16. FUND 5F7 TRANSFER

56143

On July 1, 2001, or as soon as possible thereafter, the	56144
Director of Budget and Management shall transfer all cash in Fund	56145
5F7, Local Government Y2K Loan Program, to the General Revenue	56146
Fund. Upon completion of the transfer, Fund 5F7 is abolished.	56147

Section 42.  OBD OHIO BOARD OF DIETETICS

56148

General Services Fund Group

56149

Section 43.  CDR COMMISSION ON DISPUTE RESOLUTION AND	56155
CONFLICT MANAGEMENT	56156

General Revenue Fund

56157

General Services Fund Group

56160

Federal Special Revenue Fund Group

56164

COMMISSION ON DISPUTE RESOLUTION/MANAGEMENT

56168

The foregoing appropriation item 145-401, Commission on	56169
Dispute Resolution/Management, shall be used in each fiscal year	56170
by the Commission on Dispute Resolution and Conflict Management	56171
for the purpose of providing dispute resolution and conflict	56172
management training, consultation, and materials for state and	56173
local government, communities, school districts, and courts and,	56174
in consultation with the Department of Education, for the purpose	56175
of offering competitive school conflict programs to school	56176
districts.	56177

The Commission shall assist the Department of Education in	56178
the development and dissemination of the school conflict	56179
management programs to school districts.	56180

Section 44.  EDU DEPARTMENT OF EDUCATION

56181

General Revenue Fund

56182

General Services Fund Group

56236

Federal Special Revenue Fund Group

56245

State Special Revenue Fund Group

56274

Lottery Profits Education Fund Group

56284

Section 44.01. MAINTENANCE AND EQUIPMENT

56291

Of the foregoing appropriation item 200-320, Maintenance and	56292
Equipment, up to $25,000 may be expended in each year of the	56293
biennium for State Board of Education out-of-state travel.	56294

Section 44.02.  HEAD START

56295

No later than July 15, 2001, the Director of Budget and	56296
Management shall transfer $76,156,175 from Fund 3W6, TANF	56297
Education, to the General Revenue Fund. No later than July 15,	56298
2002, the Director of Budget and Management shall transfer	56299
$98,843,825 from Fund 3W6, TANF Education, to the General Revenue	56300
Fund. The transferred funds are appropriated for the appropriation	56301
item 200-406, Head Start. The foregoing appropriation item	56302
200-406, Head Start, includes transferred funds of $76,156,175 in	56303
fiscal year 2002 and $98,843,825 in fiscal year 2003.	56304

Of the foregoing appropriation item 200-406, Head Start,	56305
$100,000 per fiscal year shall be used for the Read Baby Read Book	56306
Club Program.	56307

The remainder of foregoing appropriation item 200-406, Head	56308
Start, shall be distributed by the Department of Education to Head	56309
Start agencies. A "Head Start agency" means an entity that has	56310
been approved to be an agency in accordance with Section 641 (42	56311
U.S.C. 9836) of the Head Start Act and amendments thereto, or an	56312
entity designated for state Head Start funding under this section.	56313
Participation in state-funded Head Start programs is voluntary.	56314

Moneys distributed under this heading shall not be used to	56315
reduce expenditures from funds received by a Head Start agency	56316
from any other sources. Section 3301.31 of the Revised Code does	56317
not apply to funds distributed under this heading. In lieu of	56318
section 3301.31 of the Revised Code, distribution of moneys under	56319
this heading shall be as follows:	56320

(A) In fiscal years 2002 and 2003, up to two per cent of the	56321
appropriation may be used by the department for administrative	56322
costs of complying with this section; developing program capacity;	56323
and assisting programs with facilities planning, construction,	56324
renovation, or lease agreements in combination with the Community	56325
Development Finance Fund (CDFF). Up to $1,530,000 in fiscal year	56326
2002 and up to $1,560,600 in fiscal year 2003 may be used for the	56327
services of literacy specialist and training in early literacy for	56328
Head Start classroom teachers and administrators to support the	56329
OhioReads Initiative.	56330

(B) The department shall provide an annual report to the	56331
Governor, the Speaker of the House of Representatives, the	56332
President of the Senate, the State Board of Education, Head Start	56333
grantees, and other interested parties. The report shall include	56334
the following:	56335

(1) The number and per cent of eligible children by county	56336
and by grantee;	56337

(2) The amount of state funds received for continuation per	56338
grantee;	56339

(3) A summary of program performance on the state critical	56340
performance indicators;	56341

(4) A summary of developmental progress of children	56342
participating in the state-funded Head Start program;	56343

(5) Any other data reflecting the performance of Head Start	56344
that the department considers pertinent.	56345

(C) For purposes of this section, "eligible child" means a	56346
child who is at least three years of age and not of compulsory	56347
school age whose family earns no more than 100 per cent of the	56348
federal poverty level, except as otherwise provided in this	56349
division.	56350

The Department of Education, in consultation with Head Start	56351
grantees or their designated representatives, shall establish	56352
criteria under which individual Head Start grantees may apply to	56353
the department for a waiver to include as "eligible children"	56354
those children from families earning up to 185 per cent of the	56355
federal poverty level when the children otherwise qualify as	56356
"eligible children" under this division.	56357

In order to serve children whose families receive child care	56358
subsidy and whose incomes do not exceed 185 per cent of the	56359
federal poverty guidelines, Head Start grantees may enroll	56360
children whose families receive child care subsidy from the Ohio	56361
Department of Job and Family Services. Head Start grantees	56362
providing full-day, full-year comprehensive services, or otherwise	56363
meeting the child care needs of working families, may partner with	56364
child care centers or family day care homes or may access child	56365
care subsidy directly. This provision is to meet the child care	56366
needs of low-income families who are working, in training or	56367
education programs, or participating in Ohio Works First appproved	56368
activities.	56369

(D) After setting aside amounts to make any payments due	56370
from the prior fiscal year, in fiscal years 2002 and 2003, funds	56371
shall only be distributed to recipients of Head Start funds during	56372
the preceding fiscal year. Awards under this division shall be	56373
based on a per-pupil formula prescribed by the Department of	56374
Education and may be adjusted for one-time start-up costs, actual	56375
months of program operation, or the number of children enrolled	56376
and receiving services, as defined by the Department of Education,	56377
reported during the first full week of December, and may be	56378
increased by a reasonable percentage for inflation to be	56379
determined by the Department of Education and in accordance with	56380
this section. The department may redistribute dollars to programs	56381
demonstrating an unmet need based on updated assessments of family	56382
needs and community resources. In fiscal years 2002 and 2003, the	56383
department may authorize recipients to carry over funds to the	56384
subsequent fiscal year.	56385

The department may reallocate unobligated or unspent money to	56386
participating Head Start agencies for: (1) facilities planning	56387
grants and to leverage construction, renovation, or lease	56388
agreements and for repair of critical deferred maintenance and	56389
safety items in combination with the CDFF; (2) teacher	56390
professional development and enhanced compensation in order to	56391
meet the requirements of section 3301.311 of the Revised Code; (3)	56392
meeting the documentation and reporting requirements and for	56393
technical support in accordance with division (F) of this section;	56394
and (4) expansion, improvement, or special projects to promote	56395
excellence and innovation.	56396

(E) Costs for developing and administering a Head Start	56397
program may not exceed fifteen per cent of the total approved	56398
costs of the program.	56399

All recipients of funds shall maintain such fiscal control	56400
and accounting procedures as may be necessary to ensure the	56401
disbursement of, and accounting for, these funds. The control of	56402
funds provided in this program, and title to property obtained	56403
therefrom, shall be under the authority of the approved recipient	56404
for purposes provided in the program. The approved recipient	56405
shall administer and use such property and funds for the purposes	56406
specified.	56407

Each recipient shall furnish the department an annual audit	56408
that includes the review of state funds received under this	56409
section.	56410

In conjunction with the required audit of federal Head Start	56411
funds, the independent auditor shall examine state Head Start	56412
funds in accordance with the federal regulations and agreed-upon	56413
state procedures formulated by the department.	56414

(F) The department shall prescribe target levels for	56415
critical performance indicators for the purpose of assessing Head	56416
Start programs. On-site reviews and follow-up visits shall be	56417
based on grantee progress in meeting the prescribed target levels.	56418

The Department of Education, in consultation with the	56419
interested parties, including the state Department of Job and	56420
Family Services, shall develop the criteria to be used by Head	56421
Start grantees and delegate agencies with developing partnership	56422
agreements.	56423

The department may audit a Head Start agency's financial and	56424
program records. Head Start agencies that have financial	56425
practices not in accordance with standard accounting principles,	56426
that fail to substantially meet the Head Start performance	56427
standards, or that exhibit below-average performance shall be	56428
subject to an on-site review.	56429

The department shall require corrective plans of action for	56430
programs not achieving target levels or financial and program	56431
standards. Action plans shall include activities to be conducted	56432
by the grantee and timelines for activities to be completed and	56433
timelines for additional data submission to the department	56434
demonstrating targets have been met. The Policy Council	56435
chairperson and the appropriate grantee board official shall sign	56436
the corrective plans of action.	56437

Head Start programs not meeting performance targets in	56438
accordance with the plan of action and prescribed timelines may	56439
have their funding reduced until targets are met, or have all	56440
state funds withdrawn.	56441

The department shall require school districts to collect	56442
"preschool" information by program type. All data shall be	56443
reported via the Education Management Information System (EMIS).	56444

(G) The department shall develop prekindergarten reading and	56445
mathematics content standards and model curricula. These	56446
standards and curricula shall be made available to grantees. Head	56447
Start grantees delegate agencies, and child care partners shall	56448
document child progress, using a common instrument prescribed by	56449
the department, and report results annually. The department shall	56450
determine the dates for documenting and reporting.	56451

(H) New agencies may be designated for state Head Start	56452
funding if a Head Start agency voluntarily waives its right for	56453
funding or is de-funded based on performance. In either event,	56454
the grantee and delegate shall transfer control of title to	56455
property, equipment, and remaining supplies obtained through this	56456
program to the newly designated grantee and return any unexpended	56457
funds to the department along with any reports prescribed by the	56458
department.	56459

Section 3313.646 of the Revised Code does not apply to funds	56460
distributed under this section.	56461

(I) It is the intent of the General Assembly that	56462
appropriations for appropriation items 200-406, Head Start, and	56463
200-408, Public Preschool, be available for transfer between Head	56464
Start and public preschool programs so that unallocated funds may	56465
be used between the two programs.	56466

(J) The Department of Education shall comply with all TANF	56467
requirements, including reporting requirements and timelines, as	56468
specified in state and federal laws, federal regulations, state	56469
rules, and the Title IV-A state plan, and is responsible for	56470
payment of any adverse audit finding, final disallowance of	56471
federal financial participation, or other sanction or penalty	56472
issued by the federal government or other entity concerning these	56473
funds. Having met all of the above requirements, the Department	56474
shall have the authority to administer these funds in accordance	56475
with its own rules and guidelines, including grant administration	56476
procedures.	56477

Section 44.03. PUBLIC PRESCHOOL

56478

The Department of Education shall distribute the foregoing	56479
appropriation item 200-408, Public Preschool, to pay the costs of	56480
comprehensive preschool programs. As used in this section,	56481
"school district" means a city, local, exempted village, or joint	56482
vocational school district, or an educational service center.	56483

(A) In fiscal years 2002 and 2003, up to two per cent of the	56484
total appropriation may be used by the department for	56485
administrative costs of complying with this section; developing	56486
program capacity; and assisting programs with facilities planning,	56487
construction, renovation, or lease agreements in conjunction with	56488
the Community Development Finance Fund (CDFF).	56489

(B) The department shall provide an annual report to the	56490
Governor, the Speaker of the House of Representatives, the	56491
President of the Senate, the State Board of Education, Head Start	56492
grantees, and other interested parties. The report shall include:	56493

(1) The number and per cent of eligible children by county	56494
and by school district;	56495

(2) The amount of state funds requested for continuation per	56496
school district;	56497

(3) The amount of state funds received for continuation per	56498
school district;	56499

(4) A summary of program performance on the state critical	56500
performance indicators in the public preschool program;	56501

(5) A summary of developmental progress of children	56502
participating in the state-funded public preschool program;	56503

(6) Any other data reflecting the performance of public	56504
preschool programs that the department considers pertinent.	56505

(C) For purposes of this section, "eligible child" means a	56506
child who is at least three years of age whose family earns no	56507
more than 185 per cent of the federal poverty level.	56508

The Department of Education, in consultation with the	56509
Department of Job and Family Services, interested parties, and	56510
Head Start agencies shall formulate a method for determining an	56511
estimate of the number of eligible children and the percentage	56512
served by grantees in each county.	56513

(D) After setting aside amounts to make any payments due	56514
from the prior fiscal year, in fiscal years 2002 and 2003, funds	56515
shall first be distributed to recipients of funds during the	56516
preceding fiscal year. Awards under this division may be reduced	56517
by the amount received in that fiscal year for one-time start-up	56518
costs and may be adjusted for actual months of program operation	56519
or enrollment as reported during the first full week of December,	56520
and may be increased by a reasonable percentage to be determined	56521
by the Department of Education. The department may redistribute	56522
dollars to programs demonstrating an unmet need based on updated	56523
assessments of family needs and community resources, with special	56524
attention to the projected impact of welfare reform. In fiscal	56525
years 2002 and 2003, the department may authorize recipients to	56526
carry over funds to the subsequent fiscal year.	56527

The department may reallocate unobligated or unspent money to	56528
participating school districts for purposes of program expansion,	56529
improvement, or special projects to promote excellence and	56530
innovation.	56531

(E) Costs for developing and administering a preschool	56532
program may not exceed fifteen per cent of the total approved	56533
costs of the program.	56534

All recipients of funds shall maintain such fiscal control	56535
and accounting procedures as may be necessary to ensure the	56536
disbursement of, and accounting for, these funds. The control of	56537
funds provided in this program, and title to property obtained	56538
therefrom, shall be under the authority of the approved recipient	56539
for purposes provided in the program. The approved recipient	56540
shall administer and use such property and funds for the purposes	56541
specified.	56542

(F) The department shall prescribe target levels for	56543
critical performance indicators for the purpose of assessing	56544
public preschool programs. On-site reviews and follow-up visits	56545
shall be based on progress in meeting the prescribed target	56546
levels.	56547

The department may audit a school district's preschool	56548
financial and program records. School districts that have	56549
financial practices not in accordance with standard accounting	56550
principles, that operate preschool programs that fail to	56551
substantially meet the Head Start performance standards, or that	56552
exhibit below-average performance shall be subject to an on-site	56553
review.	56554

The department shall require corrective plans of action for	56555
programs not achieving target levels or financial and program	56556
standards. Action plans shall include activities to be conducted	56557
by the grantee and timelines for activities to be completed and	56558
timelines for additional data submission to the department	56559
demonstrating that targets have been met. The appropriate school	56560
board official shall sign the corrective plans of action.	56561

Public preschool programs not meeting performance targets in	56562
accordance with the plan of action and prescribed timelines may	56563
have their continuation funding reduced, be disqualified for	56564
expansion consideration until targets are met, or have all state	56565
funds withdrawn and a new program established.	56566

(G) The department shall require public preschool programs	56567
to document child progress, using a common instrument prescribed	56568
by the department, and report results annually. The department	56569
shall determine the dates for documenting and reporting.	56570

The State Board of Education shall adopt rules addressing the	56571
use of screening and assessment data, including, but not limited	56572
to, all of the following:	56573

(1) Protection of the identity of individual children	56574
through assignment of a unique but not personally identifiable	56575
code;	56576

(2) Parents' rights;

56577

(3) Use of the data by school personnel as it relates to	56578
kindergarten entrance.	56579

(H) Each school district shall develop a sliding fee scale	56580
based on family incomes in the district and shall charge families	56581
who earn more than the federal poverty level for preschool.	56582

(I) It is the intent of the General Assembly that	56583
appropriations for appropriation items 200-406, Head Start, and	56584
200-408, Public Preschool, be available for transfer between Head	56585
Start and Public Preschool programs so that unallocated funds may	56586
be used between the two programs.	56587

Section 44.04. PROFESSIONAL DEVELOPMENT

56588

Of the foregoing appropriation item 200-410, Professional	56589
Development, $5,997,829 in each fiscal year shall be used by the	56590
Department of Education to develop a statewide comprehensive	56591
system of twelve professional development centers that support	56592
local educators' ability to foster academic achievement in the	56593
students they serve. The centers shall include training teachers	56594
on site-based management concepts to encourage teachers to become	56595
involved in the management of their schools.	56596

Of the foregoing appropriation item 200-410, Professional	56597
Development, $5,845,000 in fiscal year 2002 and $6,000,000 in	56598
fiscal year 2003 shall be used by the Department of Education to	56599
pay the application fee for teachers from public and chartered	56600
nonpublic schools applying to the National Board for Professional	56601
Teaching Standards for professional teaching certificates or	56602
licenses that the board offers, and to provide grants in each	56603
fiscal year to recognize and reward teachers who become certified	56604
by the board pursuant to section 3319.55 of the Revised Code, and	56605
up to $300,000 in each fiscal year of this set-aside may be used	56606
to pay for costs associated with activities to support candidates	56607
through the application and certification process.	56608

These moneys shall be used to pay for the first 900	56609
applications in fiscal year 2002 and up to the first 550	56610
applications in fiscal year 2003 received by the department. Each	56611
prospective applicant for certification or licensure shall submit	56612
an application to the Department of Education. When the	56613
department has collected a group of applications, but not later	56614
than 30 days after receipt of the first application in a group, it	56615
shall send the applications to the National Board for Professional	56616
Teaching Standards along with a check to cover the cost of the	56617
application fee for all applicants in that group.	56618

Of the foregoing appropriation item 200-410, Professional	56619
Development, up to $8,296,000 in fiscal year 2002 and up to	56620
$19,387,750 in fiscal year 2003 shall be allocated for entry year	56621
programs. These funds shall be used to support mentoring services	56622
of beginning teachers, including chartered nonpublic beginning	56623
teachers. In fiscal year 2002, the Department of Education shall	56624
select eligible beginning teachers to participate in a year-long	56625
entry year program that provides mentoring by experienced school	56626
and university faculty and Praxis III teacher performance	56627
assessment. In fiscal year 2003, the program shall also include	56628
the assessment of all beginning teachers with the Education	56629
Testing Service's Praxis III examination.	56630

Of the foregoing appropriation item 200-410, Professional	56631
Development, up to $650,000 in each fiscal year shall be used to	56632
continue Ohio leadership academies to develop and train	56633
superintendents in new leadership and management practices to	56634
support high performance schools. This training shall be	56635
coordinated with other locally administered leadership programs.	56636

Of the foregoing appropriation item 200-410, Professional	56637
Development, up to $850,000 in each fiscal year shall be used to	56638
support the Ohio Principal's Leadership Academy that will serve	56639
principals and their staff teams. An advisory panel comprised of	56640
national business and education experts shall advise the	56641
Department of Education on content and delivery of curriculum and	56642
instruction.	56643

Of the foregoing appropriation item 200-410, Professional	56644
Development, up to $975,000 in each fiscal year shall be used to	56645
establish an entry year program for principals, including for	56646
chartered nonpublic principals. Grants in fiscal year 2002 shall	56647
be issued to pilot sites that shall develop prototypes of the	56648
program in a variety of contexts. These sites also shall pilot	56649
the School Leaders Licensure Assessment, which was developed by	56650
the Educational Testing Service at a cost of $450 per assessment.	56651
Funds in fiscal year 2003 shall be used to implement an entry year	56652
program for principals.	56653

Of the foregoing appropriation item 200-410, Professional	56654
Development, up to $500,000 in each fiscal year shall be used by	56655
the Rural Appalachian Initiative to create professional	56656
development academies for teachers, principals, and	56657
superintendents in the Appalachian region. No funding shall be	56658
released prior to the Department of Education receiving a	56659
satisfactory report of the activities conducted by these	56660
professional development academies during the previous year.	56661

Of the foregoing appropriation item 200-410, Professional	56662
Development, up to $250,000 in fiscal year 2002 and up to $350,000	56663
in fiscal year 2003 shall be used to support a Teacher Recognition	56664
Program. Funds awarded shall be used to recognize exemplary	56665
performance and support the professional development of educators	56666
across the educator life-cycle continuum, and may also be used to	56667
support the implementation of an educator-in-residence program.	56668

Of the foregoing appropriation item 200-410, Professional	56669
Development, up to $25,000 in each fiscal year shall be used by	56670
the Ohio Teacher Education and Certification Commission to carry	56671
out the responsibilities of the 21-member Ohio Teacher Education	56672
and Certification Advisory Commission. The advisory commission is	56673
charged by the State Board of Education with considering all	56674
matters related to educator preparation and licensure, including	56675
standards for educator preparation and licensure, approval of	56676
institutions and programs, and recommending consideration of	56677
decisions to the State Board.	56678

Of the foregoing appropriation item 200-410, Professional	56679
Development, up to $75,000 in each fiscal year shall be used to	56680
support the Ohio University Leadership Program.	56681

Section 44.05. VOCATIONAL EDUCATION MATCH

56682

The foregoing appropriation item 200-416, Vocational	56683
Education Match, shall be used by the Department of Education to	56684
provide vocational administration matching funds pursuant to 20	56685
U.S.C. 2311.	56686

TECHNICAL SYSTEMS DEVELOPMENT

56687

The foregoing appropriation item 200-420, Technical Systems	56688
Development, shall be used to support the development and	56689
implementation of information technology solutions designed to	56690
improve the performance and customer service of the Department of	56691
Education. Funds may be used for personnel, maintenance, and	56692
equipment costs related to the development and implementation of	56693
these technical system projects. Implementation of these systems	56694
shall allow the department to provide greater levels of assistance	56695
to school districts and to provide more timely information to the	56696
public, including school districts, administrators, and	56697
legislators.	56698

ALTERNATIVE EDUCATION PROGRAMS

56699

There is hereby created the Alternative Education Advisory	56700
Council, which shall consist of one representative from each of	56701
the following agencies: the Ohio Department of Education; the	56702
Department of Youth Services; the Ohio Department of Alcohol and	56703
Drug Addiction Services; the Department of Mental Health; the	56704
Office of the Governor or, at the Governor's discretion, the	56705
Office of the Lieutenant Governor; and the Office of the Attorney	56706
General.	56707

Of the foregoing appropriation item 200-421, Alternative	56708
Education Programs, not less than $8,253,031 in each fiscal year	56709
shall be used for the renewal of successful implementation grants	56710
and for competitive matching grants to the 21 urban school	56711
districts as defined in division (O) of section 3317.02 of the	56712
Revised Code as it existed prior to July 1, 1998, and not less	56713
than $8,163,031 in each fiscal year shall be used for the renewal	56714
of successful implementation of grants and for competitive	56715
matching grants to rural and suburban school districts for	56716
alternative educational programs for existing and new at-risk and	56717
delinquent youth. Programs shall be focused on youth in one or	56718
more of the following categories: those who have been expelled or	56719
suspended, those who have dropped out of school or who are at risk	56720
of dropping out of school, those who are habitually truant or	56721
disruptive, or those on probation or on parole from a Department	56722
of Youth Services facility. Grants shall be awarded according to	56723
the criteria established by the Alternative Education Advisory	56724
Council in 1999. Grants shall be awarded only to programs where	56725
the grant would not serve as the program's primary source of	56726
funding. These grants shall be administered by the Department of	56727
Education.	56728

The Department of Education may waive compliance with any	56729
minimum education standard established under section 3301.07 of	56730
the Revised Code for any alternative school that receives a grant	56731
under this section on the grounds that the waiver will enable the	56732
program to more effectively educate students enrolled in the	56733
alternative school.	56734

Of the foregoing appropriation item 200-421, Alternative	56735
Education Programs, up to $480,552 in each fiscal year may be used	56736
for program administration, monitoring, technical assistance,	56737
support, research, and evaluation. Any unexpended balance may be	56738
used to provide additional matching grants to urban, suburban, or	56739
rural school districts as outlined above.	56740

Of the foregoing appropriation item 200-421, Alternative	56741
Education Programs, $313,386 in each fiscal year shall be used to	56742
contract with the Center for Learning Excellence at The Ohio State	56743
University to provide technical support for the project and the	56744
completion of formative and summative evaluation of the grants.	56745

Of the foregoing appropriation item 200-421, Alternative	56746
Education Programs, up to $700,000 in each fiscal year shall be	56747
used to support Amer-I-Can. Of this set aside, no funds shall be	56748
disbursed without approval of the Controlling Board. Amer-I-Can	56749
programs shall submit to the Controlling Board a biennial spending	56750
plan that delineates how these funds will be spent. Amer-I-can	56751
programs also shall demonstrate to the Controlling Board that they	56752
have hired an independent evaluator and have selected valid and	56753
reliable instruments to assess pre and post changes in student	56754
behavior.	56755

Of the foregoing appropriation item 200-421, Alternative	56756
Education Programs, $75,000 in each fiscal year shall be used to	56757
support the Turning Point Applied Learning Center.	56758

Of the foregoing appropriation item 200-421, Alternative	56759
Education Programs, $15,000 in each fiscal year shall be used to	56760
support the Bucyrus After School Enrichment Program.	56761

SCHOOL MANAGEMENT ASSISTANCE

56762

Of the foregoing appropriation item 200-422, School	56763
Management Assistance, $700,000 in fiscal year 2002 and $400,000	56764
in fiscal year 2003 shall be used by the Auditor of State for	56765
expenses incurred in the Auditor of State's role relating to	56766
fiscal caution activities as defined in Chapter 3316. of the	56767
Revised Code. Expenses include duties related to the completion of	56768
performance audits for school districts that the Superintendent of	56769
Public Instruction determines are employing fiscal practices or	56770
experiencing budgetary conditions that could produce a state of	56771
fiscal watch or fiscal emergency.	56772

The remainder of foregoing appropriation item 200-422, School	56773
Management Assistance, shall be used by the Department of	56774
Education to provide fiscal technical assistance and inservice	56775
education for school district management personnel and to	56776
administer, monitor, and implement the fiscal watch and fiscal	56777
emergency provisions under Chapter 3316. of the Revised Code.	56778

POLICY ANALYSIS

56779

The foregoing appropriation item 200-424, Policy Analysis,	56780
shall be used by the Department of Education to support a system	56781
of administrative, statistical, and legislative education	56782
information to be used for policy analysis. Staff supported by	56783
this appropriation shall administer the development of reports,	56784
analyses, and briefings to inform education policymakers of	56785
current trends in education practice, efficient and effective use	56786
of resources, and evaluation of programs to improve education	56787
results. The database shall be kept current at all times. These	56788
research efforts shall be used to supply information and analysis	56789
of data to the General Assembly and other state policymakers,	56790
including the Office of Budget and Management and the Legislative	56791
Service Commission.	56792

The Department of Education may use funding from this	56793
appropriation item to purchase or contract for the development of	56794
software systems or contract for policy studies that will assist	56795
in the provision and analysis of policy-related information.	56796
Funding from this appropriation item also may be used to monitor	56797
and enhance quality assurance for research-based policy analysis	56798
and program evaluation to enhance the effective use of education	56799
information to inform education policymakers.	56800

TECH PREP ADMINISTRATION

56801

The foregoing appropriation item 200-425, Tech Prep	56802
Administration, shall be used by the Department of Education to	56803
support state-level activities designed to support, promote, and	56804
expand tech prep programs. Use of these funds shall include, but	56805
not be limited to, administration of grants, program evaluation,	56806
professional development, curriculum development, assessment	56807
development, program promotion, communications, and statewide	56808
coordination of tech prep consortia.	56809

OHIO EDUCATIONAL COMPUTER NETWORK

56810

The foregoing appropriation item 200-426, Ohio Educational	56811
Computer Network, shall be used by the Department of Education to	56812
maintain a system of information technology throughout Ohio and to	56813
provide technical assistance for such a system in support of the	56814
State Education Technology Plan pursuant to section 3301.07 of the	56815
Revised Code.	56816

Of the foregoing appropriation item 200-426, Ohio Educational	56817
Computer Network, up to $20,571,198 in fiscal year 2002 and up to	56818
$21,188,334 in fiscal year 2003 shall be used by the Department of	56819
Education to support connection of all public school buildings to	56820
the state's education network, to each other, and to the Internet.	56821
In each fiscal year the Department of Education shall use these	56822
funds to help reimburse data acquisition sites or school districts	56823
for the operational costs associated with this connectivity. The	56824
Department of Education shall develop a formula and guidelines for	56825
the distribution of these funds to the data acquisition sites or	56826
individual school districts. As used in this section, "public	56827
school building" means a school building of any city, local,	56828
exempted village, or joint vocational school district, or any	56829
community school established under Chapter 3314. of the Revised	56830
Code, or any educational service center building used for	56831
instructional purposes.	56832

Of the foregoing appropriation item 200-426, Ohio Educational	56833
Computer Network, up to $2,043,938 in fiscal year 2002 and up to	56834
$2,095,037 in fiscal year 2003 shall be used for the Union Catalog	56835
and InfOhio Network.	56836

The Department of Education shall use up to $4,590,000 in	56837
fiscal year 2002 and up to $4,727,700 in fiscal year 2003 to	56838
assist designated data acquisition sites with operational costs	56839
associated with the increased use of the state's education network	56840
by chartered nonpublic schools. The Department of Education shall	56841
develop a formula and guidelines for distribution of these funds	56842
to designated data acquisition sites.	56843

The remainder in each fiscal year of appropriation item	56844
200-426, Ohio Educational Computer Network, shall be used to	56845
support development, maintenance, and operation of a network of	56846
uniform and compatible computer-based information and	56847
instructional systems. The technical assistance shall include, but	56848
not be restricted to, development and maintenance of adequate	56849
computer software systems to support network activities. Program	56850
funds may be used, through a formula and guidelines devised by the	56851
department, to subsidize the activities of not more than 24	56852
designated data acquisition sites, as defined by State Board of	56853
Education rules, to provide school districts and chartered	56854
nonpublic schools with computer-based student and teacher	56855
instructional and administrative information services, including	56856
approved computerized financial accounting, and to ensure the	56857
effective operation of local automated administrative and	56858
instructional systems. To broaden the scope of the use of	56859
technology for education, the department may use up to $250,000 in	56860
each fiscal year to coordinate the activities of the computer	56861
network with other agencies funded by the department or the state.	56862
In order to improve the efficiency of network activities, the	56863
department and data acquisition sites may jointly purchase	56864
equipment, materials, and services from funds provided under this	56865
appropriation for use by the network and, when considered	56866
practical by the department, may utilize the services of	56867
appropriate state purchasing agencies.	56868

ACADEMIC STANDARDS

56869

The foregoing appropriation item 200-427, Academic Standards,	56870
shall be used by the Department of Education to develop and	56871
disseminate academic content standards. These funds shall be used	56872
to develop academic content standards and curriculum models and to	56873
fund communication of expectations to teachers, school districts,	56874
parents, and communities.	56875

Section 44.06.  SCHOOL IMPROVEMENT INITIATIVES

56876

Of the foregoing appropriation item 200-431, School	56877
Improvement Initiatives, up to $3,700,000 in fiscal year 2002	56878
shall be used to continue previously awarded venture capital	56879
grants of $25,000 to 148 schools and up to $975,000 in fiscal year	56880
2003 shall be used to continue previously awarded venture capital	56881
grants of $25,000 to 39 schools.	56882

Of the foregoing appropriation item 200-431, School	56883
Improvement Initiatives, $4,500,000 in fiscal year 2002 and	56884
$5,000,000 in fiscal year 2003 shall be used for the development	56885
and distribution of school report cards pursuant to section	56886
3302.03 of the Revised Code, for the development of core	56887
competencies for the proficiency tests, and to support the	56888
recommendations of the Governor's Commission for Student Success.	56889

Of the foregoing appropriation item 200-431, School	56890
Improvement Initiatives, $7,500,000 in fiscal year 2002 and	56891
$8,500,000 in fiscal year 2003 shall be used to provide technical	56892
assistance to school districts that are declared to be in a state	56893
of academic watch or academic emergency under section 3302.03 of	56894
the Revised Code to develop their continuous improvement plans as	56895
required in section 3302.04 of the Revised Code.	56896

Of the foregoing appropriation item 200-431, School	56897
Improvement Initiatives, up to $150,000 in each fiscal year shall	56898
be used to support a teacher-in-residence at the Governor's office	56899
and related support staff, travel expenses, and administrative	56900
overhead.	56901

SCHOOL CONFLICT MANAGEMENT

56902

Of the foregoing appropriation item 200-432, School Conflict	56903
Management, amounts shall be used by the Department of Education	56904
for the purpose of providing dispute resolution and conflict	56905
management training, consultation, and materials for school	56906
districts, and for the purpose of providing competitive school	56907
conflict management grants to school districts.	56908

The Department of Education shall assist the Commission on	56909
Dispute Resolution and Conflict Management in the development and	56910
dissemination of the school conflict management program. The	56911
assistance provided by the Department of Education shall include	56912
the assignment of a full-time employee of the department to the	56913
Commission on Dispute Resolution and Conflict Management to	56914
provide technical and administrative support to maximize the	56915
quality of dispute resolution and conflict management programs and	56916
services provided to school districts.	56917

Of the foregoing appropriation item 200-432, School Conflict	56918
Management, up to $5,000 in fiscal year 2002 shall be used to	56919
support the Character Council Initiative. The Initiative works to	56920
instill character and values at all levels in the community.	56921

READING/WRITING IMPROVEMENT

56922

Of the foregoing appropriation item 200-433, Reading/Writing	56923
Improvement, up to $12,396,970 in each fiscal year shall be used	56924
for professional development in literacy for classroom teachers,	56925
administrators, and literacy specialists.	56926

Of the foregoing appropriation item 200-433, Reading/Writing	56927
Improvement, up to $1,780,268 in fiscal year 2002 and up to	56928
$1,815,874 in fiscal year 2003 shall be used by the Department of	56929
Education to fund the Reading Recovery Training Network, to cover	56930
the cost of release time for the teacher trainers, and to provide	56931
grants to districts to implement other reading improvement	56932
programs on a pilot basis. Funds for this appropriation item may	56933
also be used to conduct evaluations of the impact and	56934
effectiveness of Reading Recovery and other reading improvement	56935
programs.	56936

Of the foregoing appropriation item 200-433, Reading/Writing	56937
Improvement, $250,000 in each fiscal year shall be used to	56938
continue the Waterford Early Reading program.	56939

The remainder of appropriation item 200-433, Reading/Writing	56940
Improvement, shall be used by the Department of Education to	56941
develop and support reading and writing improvement programs by	56942
providing a common assessment/profile instrument for elementary	56943
school buildings, literacy specialist support and training	56944
programs, and incentives for teachers to complete professional	56945
development programs.	56946

STUDENT ASSESSMENT

56947

The foregoing appropriation item 200-437, Student Assessment,	56948
shall be used to develop, field test, print, distribute, score,	56949
and report results from the tests required under sections	56950
3301.0710 and 3301.0711 of the Revised Code and for similar	56951
purposes as required by section 3301.27 of the Revised Code.	56952

SAFE SCHOOLS

56953

Of the foregoing appropriation item 200-438, Safe Schools,	56954
$230,000 in each fiscal year shall be used for the development and	56955
operation of a Safe Schools Center. The Department of Education	56956
shall oversee the creation of a center to serve as a coordinating	56957
entity to assist school district personnel, parents, juvenile	56958
justice representatives, and law enforcement in identifying	56959
effective strategies and services for improving school safety and	56960
reducing threats to the security of students and school personnel.	56961

Of the foregoing appropriation item 200-438, Safe Schools, up	56962
to $1,800,000 in each fiscal year shall be used for a safe-school	56963
help line program for students, parents, and the community to	56964
report threats to the safety of students or school personnel. The	56965
Department of Education shall establish criteria to distribute	56966
these funds to school districts whose superintendents indicate the	56967
program would be a meaningful aid to school security.	56968

Of the foregoing appropriation item 200-438, Safe Schools, up	56969
to $20,000 in each fiscal year may be used by schools for the	56970
Eddie Eagle Gun Safety Pilot Program. School districts wishing to	56971
participate in the pilot program shall apply to the Department of	56972
Education under guidelines established by the Superintendent of	56973
Public Instruction.	56974

AMERICAN SIGN LANGUAGE

56975

Of the foregoing appropriation item 200-441, American Sign	56976
Language, up to $153,000 in fiscal year 2002 and up to $156,060	56977
in fiscal year 2003 shall be used to implement pilot projects for	56978
the integration of American Sign Language deaf language into the	56979
kindergarten through twelfth-grade curriculum.	56980

The remainder of the appropriation shall be used by the	56981
Department of Education to provide supervision and consultation to	56982
school districts in dealing with parents of handicapped children	56983
who are deaf or hard of hearing, in integrating American Sign	56984
Language as a foreign language, and in obtaining interpreters and	56985
improving their skills.	56986

CHILD CARE LICENSING

56987

The foregoing appropriation item 200-442, Child Care	56988
Licensing, shall be used by the Department of Education to license	56989
and to inspect preschool and school-age child care programs in	56990
accordance with sections 3301.52 to 3301.59 of the Revised Code.	56991

PROFESSIONAL RECRUITMENT

56992

Of the foregoing appropriation item 200-444, Professional	56993
Recruitment, $1,300,000 in each fiscal year shall be used by the	56994
Department of Education to establish programs targeted at	56995
recruiting underrepresented populations into the teaching	56996
profession. In each year, the recruitment programs shall include,	56997
but not be limited to, alternative teacher licensure or	56998
certification programs emphasizing the recruitment of highly	56999
qualified minority candidates into teaching, including emphasizing	57000
the recruitment of highly qualified minority candidates into	57001
teaching positions in schools that have a high percentage of	57002
minority students. The recruitment programs also shall target	57003
recruiting qualified candidates available as a result of	57004
downsizing of the military and business sectors. Funding also	57005
shall be targeted to statewide, regional, and local programs that	57006
are competitively selected as promising programs demonstrating the	57007
potential of significantly increasing Ohio's minority teaching	57008
force.	57009

The remainder of appropriation item 200-444 shall be used by	57010
the Department of Education for recruitment programs targeting	57011
special needs areas: recruiting prospective mathematics and	57012
science teachers, recruiting special educators, recruiting	57013
principals, developing a web-based placement bureau, establishing	57014
a pre-collegiate program to target future teachers, and piloting	57015
paraeducators-to-teacher programs.	57016

OHIOREADS ADMIN/VOLUNTEER SUPPORT

57017

The foregoing appropriation item 200-445, OhioReads	57018
Admin/Volunteer Support, may be allocated by the OhioReads Council	57019
for volunteer coordinators in public school buildings, to	57020
educational service centers for costs associated with volunteer	57021
coordination, for background checks for volunteers, to evaluate	57022
the OhioReads Program, and for operating expenses associated with	57023
administering the program.	57024

Section 44.07.  EDUCATION MANAGEMENT INFORMATION SYSTEM

57025

The foregoing appropriation item 200-446, Education	57026
Management Information System, shall be used by the Department of	57027
Education to provide school districts with the means to implement	57028
local automated information systems and to implement, develop, and	57029
improve the Education Management Information System (EMIS) for the	57030
common student information management software developed by the	57031
Department of Education.	57032

Of the foregoing appropriation item 200-446, Education	57033
Management Information System, up to $1,000,000 in each fiscal	57034
year may be used by the Department of Education to assist	57035
designated data acquisition sites or school districts with	57036
deployment and implementation of the common student management	57037
record system software, and for hardware, personnel, equipment,	57038
staff development, software, and forms modification, as well as to	57039
support EMIS special report activities in the department.	57040

Of the foregoing appropriation item 200-446, Education	57041
Management Information System, up to $2,213,639 in fiscal year	57042
2002 and up to $1,476,760 in fiscal year 2003 shall be distributed	57043
to designated data acquisition sites for costs relating to	57044
processing, storing, and transferring data for the effective	57045
operation of the EMIS. These costs may include, but are not	57046
limited to, personnel, hardware, software development,	57047
communications connectivity, professional development, and support	57048
services, and to provide services to participate in the State	57049
Education Technology Plan pursuant to section 3301.07 of the	57050
Revised Code.	57051

Of the foregoing appropriation item 200-446, Education	57052
Management Information System, up to $7,763,297 in fiscal year	57053
2002 and up to $8,999,708 in fiscal year 2003 shall be distributed	57054
to school districts, community schools established under Chapter	57055
3314. of the Revised Code, education service centers, and joint	57056
vocational school districts on a per-pupil basis. From this	57057
funding, each school district or community school established	57058
under Chapter 3314. of the Revised Code with enrollment greater	57059
than 100 students and each vocational school district shall	57060
receive a minimum of $5,000 for each year of the biennium. Each	57061
school district or community school established under Chapter	57062
3314. of the Revised Code with enrollment between one and one	57063
hundred and each education service center and each county board of	57064
MR/DD that submits data through EMIS shall receive $3,000 for each	57065
year of the biennium. This money shall be used for costs	57066
associated with the development and operation of local automated	57067
record-based information systems that provide data as required by	57068
the education management information system, and facilitate local	57069
district, school, and classroom management activities.	57070

GED TESTING/ADULT HIGH SCHOOL

57071

The foregoing appropriation item 200-447, GED Testing/Adult	57072
High School, shall be used to provide General Educational	57073
Development (GED) testing at no cost to applicants, pursuant to	57074
rules adopted by the State Board of Education. The Department of	57075
Education shall reimburse school districts and community schools,	57076
created in accordance with Chapter 3314. of the Revised Code, for	57077
a portion of the costs incurred in providing summer instructional	57078
or intervention services to students who have not graduated due to	57079
their inability to pass one or more parts of the state's ninth	57080
grade proficiency test. School districts shall also provide such	57081
services to students who are residents of the district pursuant to	57082
section 3313.64 of the Revised Code, but who are enrolled in	57083
chartered, nonpublic schools. The services shall be provided in	57084
the public school, in nonpublic schools, in public centers, or in	57085
mobile units located on or off the nonpublic school premises. No	57086
school district shall provide summer instructional or intervention	57087
services to nonpublic school students as authorized by this	57088
section unless such services are available to students attending	57089
the public schools within the district. No school district shall	57090
provide services for use in religious courses, devotional	57091
exercises, religious training, or any other religious activity.	57092
Chartered, nonpublic schools shall pay for any unreimbursed costs	57093
incurred by school districts for providing summer costs incurred	57094
by school districts for providing summer instruction or	57095
intervention services to students enrolled in chartered, nonpublic	57096
schools. School districts may provide these services to students	57097
directly or contract with postsecondary or nonprofit	57098
community-based institutions in providing instruction. The	57099
appropriation also shall be used for state reimbursement to	57100
school districts for adult high school continuing education	57101
programs pursuant to section 3313.531 of the Revised Code or for	57102
costs associated with awarding adult high school diplomas under	57103
section 3313.611 of the Revised Code.	57104

COMMUNITY SCHOOLS

57105

Of the foregoing appropriation item 200-455, Community	57106
Schools, up to $100,000 in each fiscal year may be used by the	57107
Lucas County Educational Service Center to pay for additional	57108
services provided to community schools, subject to the reporting	57109
by the service center of actual expenses incurred to the	57110
Department of Education. Up to $1,628,935 in fiscal year 2002 and	57111
up to $1,724,517 in fiscal year 2003 may be used by the Office of	57112
School Options in the Department of Education for additional	57113
services and responsibilities under section 3314.11 of the Revised	57114
Code.	57115

The remaining appropriation may be used by the Department of	57116
Education and the Lucas County Educational Service Center to make	57117
grants of up to $50,000 to each proposing group with a preliminary	57118
agreement obtained under division (C)(2) of section 3314.02 of the	57119
Revised Code in order to defray planning and initial start-up	57120
costs. In the first year of operation of a community school, the	57121
Department of Education and the Lucas County Educational Service	57122
Center may make a grant of no more than $100,000 to the governing	57123
authority of the school to partially defray additional start-up	57124
costs. The amount of the grant shall be based on a thorough	57125
examination of the needs of the community school. The Department	57126
of Education and the Lucas County Educational Service Center shall	57127
not utilize moneys received under this section for any other	57128
purpose other than those specified under this section. The	57129
department shall allocate an amount to the Lucas County	57130
Educational Service Center for grants to schools in the Lucas	57131
County area under this paragraph.	57132

A community school awarded start-up grants from appropriation	57133
item 200-613, Public Charter Schools (Fund 3T4), shall not be	57134
eligible for grants under this section.	57135

Section 44.08.  SCHOOL FINANCE EQUITY

57136

The foregoing appropriation item 200-500, School Finance	57137
Equity, shall be distributed to school districts based on the	57138
formula specified in section 3317.0213 of the Revised Code.	57139

Section 44.09.  BASE COST FUNDING

57140

The foregoing appropriation item 200-501, Base Cost Funding,	57141
includes $91,488,407 in fiscal year 2003 for the state education	57142
aid offset due to the change in public utility valuation as a	57143
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	57144
General Assembly. This amount represents the total state	57145
education aid offset due to the valuation change for school	57146
districts and joint vocational school districts from all relevant	57147
line item sources. If it is determined that the state education	57148
aid offset is more than $91,488,407, the Controlling Board may	57149
increase the appropriation for item 200-501, Base Cost Funding, by	57150
the difference amount if presented with such a request from the	57151
Department of Education. The appropriation increase, if any, is	57152
hereby appropriated. If it is determined that the state education	57153
aid offset is less than $91,488,407, the Director of Budget and	57154
Management shall then reduce the appropriation for item 200-501,	57155
Base Cost Funding, by the difference amount and notify the	57156
Controlling Board of this action. The appropriation decrease	57157
determined by the Director of Budget and Management, if any, is	57158
hereby approved, and appropriations are hereby reduced by the	57159
amount determined.	57160

Of the foregoing appropriation item 200-501, Base Cost	57161
Funding, up to $425,000 shall be expended in each year of the	57162
biennium for court payments pursuant to section 2151.357 of the	57163
Revised Code; an amount shall be available each year of the	57164
biennium for the cost of the reappraisal guarantee pursuant to	57165
section 3317.04 of the Revised Code; an amount shall be available	57166
in each year of the biennium to fund up to 225 full-time	57167
equivalent approved GRADS teacher grants pursuant to division (R)	57168
of section 3317.024 of the Revised Code; an amount shall be	57169
available in each year of the biennium to make payments to school	57170
districts pursuant to division (A)(2) of section 3317.022 of the	57171
Revised Code; an amount shall be available in fiscal year 2003 to	57172
make payments to school districts pursuant to division (F) of	57173
section 3317.022 of the Revised Code; an amount shall be available	57174
in fiscal year 2002 to make payments to school districts pursuant	57175
to division (C) of section 3317.0212 of the Revised Code; and up	57176
to $15,000,000 in each year of the biennium shall be reserved for	57177
payments pursuant to sections 3317.026, 3317.027, and 3317.028 of	57178
the Revised Code except that the Controlling Board may increase	57179
the $15,000,000 amount if presented with such a request from the	57180
Department of Education. Of the foregoing appropriation item	57181
200-501, Base Cost Funding, up to $15,000,000 in each fiscal year	57182
shall be used to provide additional state aid to school districts	57183
for special education students pursuant to division (C)(3) of	57184
section 3317.022 of the Revised Code; up to $2,000,000 in each	57185
year of the biennium shall be reserved for Youth Services tuition	57186
payments pursuant to section 3317.024 of the Revised Code; and up	57187
to $52,000,000 in each fiscal year shall be reserved to fund the	57188
state reimbursement of educational service centers pursuant to	57189
section 3317.11 of the Revised Code.	57190

Of the foregoing appropriation item 200-501, Base Cost	57191
Funding, up to $1,000,000 in each fiscal year shall be used by the	57192
Department of Education for a pilot program to pay for educational	57193
services for youth who have been assigned by a juvenile court or	57194
other authorized agency to any of the facilities described in	57195
division (A) of the section titled "Private Treatment Facility	57196
Pilot Project."	57197

The remaining portion of appropriation item 200-501, Base	57198
Cost Funding, shall be expended for the public schools of city,	57199
local, exempted village, and joint vocational school districts,	57200
including base cost funding, special education weight funding,	57201
special education speech service enhancement funding,	57202
career-technical education weight funding, career-technical	57203
education associated service funding, guarantee funding, and	57204
teacher training and experience funding pursuant to sections	57205
3317.022, 3317.023, 3317.0212, and 3317.16 of the Revised Code.	57206

Appropriation items 200-500, School Finance Equity, 200-501,	57207
Base Cost Funding, 200-502, Pupil Transportation, 200-520,	57208
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program,	57209
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other	57210
than specific set-asides, are collectively used to pay state	57211
formula aid obligations for school districts and joint vocational	57212
school districts pursuant to Chapter 3317. of the Revised Code.	57213
The first priority of these appropriation items, with the	57214
exception of specific set-asides, is to fund state formula aid	57215
obligations under Chapter 3317. of the Revised Code. It may be	57216
necessary to reallocate funds among these appropriation items in	57217
order to meet state formula aid obligations. If it is determined	57218
that it is necessary to transfer funds among these appropriation	57219
items to meet state formula aid obligations, the Department of	57220
Education shall seek approval from the Controlling Board to	57221
transfer funds among these appropriation items.	57222

Section 44.10. SUPPLEMENTAL PAYMENT

57223

Upon the recommendation of the Superintendent of Public	57224
Instruction, and subject to the approval of the Controlling Board,	57225
the Department of Education shall pay a school district in fiscal	57226
year 2002 an amount not greater than the difference between the	57227
following:	57228

(A) The cost of increasing teachers' salaries above the	57229
district's salary schedule to comply with division (C) of section	57230
3317.13 of the Revised Code as amended by this act, multiplied by	57231
one hundred fourteen per cent;	57232

(B) The district's increases in state funds for fiscal year	57233
2002.	57234

The increases in state funds for fiscal year 2002 shall be	57235
calculated by determining additional state funds received for	57236
fiscal year 2002 under sections 3317.022, 3317.023, 3317.029,	57237
3317.0212, and 3317.053 and division (P) of section 3317.024 of	57238
the Revised Code and uncodified sections of this act, above the	57239
amount of state funds the district received for fiscal year 2001	57240
under sections 3317.022, 3317.023, 3317.029, 3317.0212, and	57241
3317.162 and division (P) of section 3317.024 of the Revised Code	57242
and uncodified sections of Am. Sub. H.B. 282 of the 123rd General	57243
Assembly.	57244

The Department shall determine application procedures and a	57245
schedule for applications and payments under this section, which	57246
shall be subject to the approval of the Controlling Board. The	57247
Department may pay one-half of an estimated amount of a district's	57248
payment under this section during the first half of fiscal year	57249
2002, and the remainder of the actual calculated amount during the	57250
second half of the fiscal year. Subject to the approval of the	57251
Controlling Board, the amount of any overpayments under this	57252
section shall be deducted from payments made to the school	57253
district under Chapter 3317. of the Revised Code for the remainder	57254
of the fiscal year.	57255

Section 44.11.  PUPIL TRANSPORTATION

57256

Of the foregoing appropriation item 200-502, Pupil	57257
Transportation, up to $800,000 in fiscal year 2002 and up to	57258
$822,400 in fiscal year 2003 may be used by the Department of	57259
Education for training prospective and experienced school bus	57260
drivers in accordance with training programs prescribed by the	57261
department; an amount shall be available in each year of the	57262
biennium to be used for special education transportation	57263
reimbursements. The reimbursement rate in each year shall be	57264
based on the rate defined in division (D) of section 3317.022 of	57265
the Revised Code. The remainder of appropriation item 200-502,	57266
Pupil Transportation, shall be used for the state reimbursement of	57267
public school districts' costs in transporting pupils to and from	57268
the school they attend in accordance with the district's policy,	57269
State Board of Education standards, and the Revised Code.	57270

BUS PURCHASE ALLOWANCE

57271

The foregoing appropriation item 200-503, Bus Purchase	57272
Allowance, shall be distributed to school districts and	57273
educational service centers pursuant to rules adopted under	57274
section 3317.07 of the Revised Code. Up to 25 per cent of the	57275
amount appropriated may be used to reimburse school districts and	57276
educational service centers for the purchase of buses to transport	57277
handicapped and nonpublic school students.	57278

SCHOOL LUNCH

57279

The foregoing appropriation item 200-505, School Lunch Match,	57280
shall be used to provide matching funds to obtain federal funds	57281
for the school lunch program.	57282

Section 44.12.  ADULT LITERACY EDUCATION

57283

The foregoing appropriation item 200-509, Adult Literacy	57284
Education, shall be used to support adult basic and literacy	57285
education instructional programs and the State Literacy Resource	57286
Center Program.	57287

Of the foregoing appropriation item 200-509, Adult Literacy	57288
Education, up to $543,150 in fiscal year 2002 and up to $554,013	57289
in fiscal year 2003 shall be used for the support and operation of	57290
the State Literacy Resource Center.	57291

The remainder shall be used to continue to satisfy the state	57292
match and maintenance of effort requirements for the support and	57293
operation of the Department of Education-administered	57294
instructional grant program for adult basic and literacy education	57295
in accordance with the department's state plan for adult basic and	57296
literacy education as approved by the State Board of Education and	57297
the Secretary of the United States Department of Education.	57298

AUXILIARY SERVICES

57299

The foregoing appropriation item 200-511, Auxiliary Services,	57300
shall be used by the State Board of Education for the purpose of	57301
implementing section 3317.06 of the Revised Code. Of the	57302
appropriation, up to $1,250,000 in fiscal year 2002 and up to	57303
$1,500,000 in fiscal year 2003 may be used for payment of the	57304
Post-Secondary Enrollment Options Program for nonpublic students	57305
pursuant to section 3365.10 of the Revised Code.	57306

STUDENT INTERVENTION SERVICES

57307

The foregoing appropriation item 200-513, Student	57308
Intervention Services, shall be used to assist districts providing	57309
the intervention services specified in section 3313.608 of the	57310
Revised Code. The Department of Education shall establish	57311
guidelines for the use and distribution of these moneys. School	57312
districts receiving funds from this appropriation shall report to	57313
the Department of Education on how funds were used.	57314

No later than July 15, 2002, the Director of Budget and	57315
Management shall transfer $35,000,000 from Fund 3W6, TANF	57316
Education, to the General Revenue Fund. The transferred funds are	57317
appropriated for the appropriation item 200-513, Student	57318
Intervention Services. The foregoing appropriation item 200-513,	57319
Student Intervention Services, includes transferred funds of	57320
$35,000,000 in fiscal year 2003.	57321

The Department of Education shall comply with all TANF	57322
requirements, including reporting requirements and timelines, as	57323
specified in state and federal laws, federal regulations, state	57324
rules, and the Title IV-A state plan, and is responsible for	57325
payment of any adverse audit finding, final disallowance of	57326
federal financial participation, or other sanction or penalty	57327
issued by the federal government or other entity concerning these	57328
funds.	57329

POST-SECONDARY/ADULT CAREER-TECHNICAL EDUCATION

57330

The foregoing appropriation item 200-514,	57331
Post-Secondary/Adult Career-Technical Education, shall be used by	57332
the State Board of Education to provide post-secondary/adult	57333
career-technical education under sections 3313.52 and 3313.53 of	57334
the Revised Code.	57335

Of the foregoing appropriation item 200-514,	57336
Post-Secondary/Adult Career-Technical Education, up to $500,000 in	57337
each fiscal year shall be allocated for the Ohio Career	57338
Information System (OCIS) and used for the dissemination of career	57339
information data to public schools, libraries, rehabilitation	57340
centers, two- and four-year colleges and universities, and other	57341
governmental units.	57342

Of the foregoing appropriation item 200-514,	57343
Post-Secondary/Adult Career-Technical Education, up to $40,000 in	57344
each fiscal year shall be used for the statewide coordination of	57345
the activities of the Ohio Young Farmers.	57346

DISADVANTAGED PUPIL IMPACT AID

57347

The foregoing appropriation item 200-520, Disadvantaged Pupil	57348
Impact Aid, shall be distributed to school districts according to	57349
section 3317.029 of the Revised Code. However, no money shall be	57350
distributed for all-day kindergarten to any school district whose	57351
three-year average formula ADM exceeds 17,500 but whose DPIA index	57352
is not at least equal to 1.00 in each fiscal year, unless the	57353
Department of Education certifies that sufficient funds exist in	57354
this appropriation to make all other payments required by section	57355
3317.029 of the Revised Code.	57356

The Department of Education shall pay all-day, everyday	57357
kindergarten funding to all school districts in fiscal year 2002	57358
and fiscal year 2003 that qualified for and provided the service	57359
in a preceding fiscal year pursuant to section 3317.029 of the	57360
Revised Code, regardless of changes to such districts' DPIA	57361
indexes in fiscal year 2002 and fiscal year 2003.	57362

The Department of Education shall pay to community schools an	57363
amount for all-day kindergarten if the school district in which	57364
the student is entitled to attend school is eligible but does not	57365
receive a payment for all-day kindergarten, pursuant to division	57366
(B) of section 3314.13 of the Revised Code, and the student is	57367
reported by the community school as enrolled in all-day	57368
kindergarten at the community school.	57369

Of the foregoing appropriation item 200-520, Disadvantaged	57370
Pupil Impact Aid, up to $3,200,000 in fiscal year 2002 and up to	57371
$3,300,000 in fiscal year 2003 shall be used for school breakfast	57372
programs. Of these amounts, up to $500,000 shall be used each	57373
year by the Department of Education to provide start-up grants to	57374
rural school districts and to school districts with less than	57375
1,500 ADM that start school breakfast programs. The remainder of	57376
the appropriation shall be used to: (1) partially reimburse	57377
school buildings within school districts that are required to have	57378
a school breakfast program pursuant to section 3313.813 of the	57379
Revised Code, at a rate decided by the department, for each	57380
breakfast served to any pupil enrolled in the district; (2)	57381
partially reimburse districts participating in the National School	57382
Lunch Program that have at least 20 per cent of students who are	57383
eligible for free and reduced meals according to federal	57384
standards, at a rate decided by the department; and (3) to	57385
partially reimburse districts participating in the National School	57386
Lunch Program for breakfast served to children eligible for free	57387
and reduced meals enrolled in the district, at a rate decided by	57388
the department.	57389

Of the portion of the funds distributed to the Cleveland City	57390
School District under section 3317.029 of the Revised Code	57391
calculated under division (F)(2) of that section, up to	57392
$14,903,943 in fiscal year 2002 and up to $18,066,820 in fiscal	57393
year 2003 shall be used to operate the pilot school choice program	57394
in the Cleveland City School District pursuant to sections	57395
3313.974 to 3313.979 of the Revised Code.	57396

Of the foregoing appropriation item 200-520, Disadvantaged	57397
Pupil Impact Aid, $1,000,000 in each fiscal year shall be used to	57398
support dropout recovery programs administered by the Department	57399
of Education, Jobs for Ohio's Graduates Program.	57400

Section 44.13.  GIFTED PUPIL PROGRAM

57401

The foregoing appropriation item 200-521, Gifted Pupil	57402
Program, shall be used for gifted education units not to exceed	57403
1,050 in fiscal year 2002 and 1,100 in fiscal year 2003 pursuant	57404
to division (P) of section 3317.024 and division (F) of section	57405
3317.05 of the Revised Code.	57406

Of the foregoing appropriation item 200-521, Gifted Pupil	57407
Program, up to $5,000,000 in each fiscal year of the biennium may	57408
be used as an additional supplement for identifying gifted	57409
students pursuant to Chapter 3324. of the Revised Code.	57410

Of the foregoing appropriation item 200-521, Gifted Pupil	57411
Program, the Department of Education may expend up to $1,000,000	57412
each year for the Summer Honors Institute for gifted freshman and	57413
sophomore high school students. Up to $600,000 in each fiscal	57414
year shall be used for research and demonstration projects. The	57415
Department of Education shall research and evaluate the	57416
effectiveness of gifted education programs in Ohio. Up to $70,000	57417
in each year shall be used for the Ohio Summer School for the	57418
Gifted (Martin Essex Program).	57419

Section 44.14. PARITY AID

57420

The foregoing appropriation item 200-525, Parity Aid, shall	57421
be distributed to school districts based on the formulas specified	57422
in section 3317.0217 of the Revised Code.	57423

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

57424

The foregoing appropriation item 200-532, Nonpublic	57425
Administrative Cost Reimbursement, shall be used by the State	57426
Board of Education for the purpose of implementing section	57427
3317.063 of the Revised Code.	57428

DESEGREGATION COSTS

57429

The foregoing appropriation item 200-534, Desegregation	57430
Costs, shall be used to pay the legal fees associated with	57431
desegregation cases brought against the state.	57432

As part of managing state desegregation costs, any board of	57433
education of a school district subject to a federal court	57434
desegregation order that requires the district board to bus	57435
students for the purpose of racial balance shall, within one year	57436
after the effective date of this section:	57437

(1) Update its plan required under Am. Sub. H.B. 298 of the	57438
119th General Assembly designed to satisfy the court so as to	57439
obtain release from the court's desegregation order; and	57440

(2) Submit an updated copy of the plan to the State Board of	57441
Education.	57442

Upon request of the district board, the State Board shall provide	57443
technical assistance to the school district board in developing a	57444
plan.	57445

Within ninety days after the date on which the plan is	57446
submitted to the State Board of Education, the district board, or	57447
the district board and the State Board of Education jointly if	57448
both are parties to the desegregation case, shall submit the plan	57449
to the court and apply for release from the court's desegregation	57450
order.	57451

Section 44.15. SPECIAL EDUCATION ENHANCEMENTS

57452

Of the foregoing appropriation item 200-540, Special	57453
Education Enhancements, up to $45,295,000 in fiscal year 2002 and	57454
up to $47,809,750 in fiscal year 2003 shall be used to fund	57455
special education and related services at county boards of mental	57456
retardation and developmental disabilities for eligible students	57457
under section 3317.20 of the Revised Code. Up to $2,500,000 shall	57458
be used in each fiscal year to fund up to 57 special education	57459
classroom and related services units at institutions.	57460

Of the foregoing appropriation item 200-540, Special	57461
Education Enhancements, up to $3,293,959 in fiscal year 2002 and	57462
up to $3,425,717 in fiscal year 2003 shall be used for home	57463
instruction for handicapped children; up to $1,500,000 in each	57464
fiscal year shall be used for parent mentoring programs; and up to	57465
$2,744,966 in fiscal year 2002 and up to $2,854,764 in fiscal year	57466
2003 may be used for school psychology interns.	57467

Of the foregoing appropriation item 200-540, Special	57468
Education Enhancements, $3,852,160 in fiscal year 2002 and up to	57469
$4,006,246 in fiscal year 2003 shall be used by the Department of	57470
Education to assist school districts in funding aides pursuant to	57471
paragraph (A)(3)(c)(i)(b) of rule 3301-51-04 of the Administrative	57472
Code.	57473

Of the foregoing appropriation item 200-540, Special	57474
Education Enhancements, $78,623,506 in each fiscal year shall be	57475
distributed by the Department of Education to county boards of	57476
mental retardation and developmental disabilities, educational	57477
service centers, and school districts for preschool special	57478
education units and preschool supervisory units in accordance with	57479
section 3317.161 of the Revised Code. The department may	57480
reimburse county boards of mental retardation and developmental	57481
disabilities, educational service centers, and school districts	57482
for related services as defined in rule 3301-31-05 of the	57483
Administrative Code, for preschool occupational and physical	57484
therapy services provided by a physical therapy assistant and	57485
certified occupational therapy assistant, and for an instructional	57486
assistant. To the greatest extent possible, the Department of	57487
Education shall allocate these units to school districts and	57488
educational service centers. The Controlling Board may approve	57489
the transfer of unallocated funds from appropriation item 200-501,	57490
Base Cost Funding, to appropriation item 200-540, Special	57491
Education Enhancements, to fully fund existing units as necessary	57492
or to fully fund additional units. The Controlling Board may	57493
approve the transfer of unallocated funds from appropriation item	57494
200-540, Special Education Enhancements, to appropriation item	57495
200-501, Base Cost Funding, to fully fund the special education	57496
weight cost funding.	57497

The Department of Education shall require school districts,	57498
educational service centers, and county MR/DD boards serving	57499
preschool children with disabilities to document child progress	57500
using a common instrument prescribed by the department and report	57501
results annually. The reporting dates and methodology shall be	57502
determined by the department.	57503

The department shall adopt rules addressing the use of	57504
screening and assessment data including, but not limited to:	57505

(1) Protection of the identity of individual children	57506
through assignment of a unique, but not personally identifiable,	57507
code;	57508

(2) Parents' rights; and

57509

(3) Use of the child data by school personnel as it relates	57510
to kindergarten entrance.	57511

Of the foregoing appropriation item 200-540, Special	57512
Education Enhancements, up to $808,081 in fiscal year 2002 and up	57513
to $832,323 in fiscal year 2003 shall be allocated to provide	57514
grants to research-based reading mentoring programs for students	57515
with disabilities in kindergarten through fourth grade. Priority	57516
shall be given to mentoring programs that have been recognized by	57517
the Education Commission of the States as promising educational	57518
practices for accelerating student achievement, are easily	57519
replicated, have strong evaluative components, and have goals	57520
aligned to the Ohio Proficiency Test. Priority in awarding grants	57521
funding in this program shall be given to existing targeted	57522
programs originally funded under Am. Sub. H.B. 282 of the 123rd	57523
General Assembly and that are currently being applied in school	57524
districts. Grants awarded under this program shall be made in	57525
conjunction with the Ohio Coalition for Education of Children with	57526
Disabilities. Programs may be implemented at times deemed most	57527
appropriate. Certified staff shall administer these programs and	57528
testing of participants shall be required prior to, during, and	57529
after participation in these programs. The results of the tests	57530
shall be reported to the Governor, Superintendent of Public	57531
Instruction, and General Assembly.	57532

Of the foregoing appropriation item 200-540, Special	57533
Education Enhancements, up to $86,000 in each fiscal year shall be	57534
used to conduct a collaborative pilot program to provide	57535
educational services and develop best educational practices for	57536
autistic children. The pilot program shall include, but not be	57537
limited to, the involvement of the Wood County Board of Mental	57538
Retardation and Developmental Disabilities, Wood County	57539
Educational Services Center, Children's Resource Center of Wood	57540
County, and the Family and Children First Council of Wood County.	57541

Of the foregoing appropriation item 200-540, Special	57542
Education Enhancements, up to $303,030 in fiscal year 2002 and up	57543
to $312,121 in fiscal year 2003 shall be expended to conduct a	57544
demonstration project involving language and literacy intervention	57545
teams supporting student acquisition of language and literacy	57546
skills. The demonstration project shall demonstrate improvement	57547
of language and literacy skills of at-risk learners under the	57548
instruction of certified speech language pathologists and	57549
educators. Baseline data shall be collected and comparison data	57550
for fiscal year 2002 and fiscal year 2003 shall be collected and	57551
reported to the Governor, OhioReads Council, Department of	57552
Education, and the General Assembly.	57553

Section 44.16. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

57554

Of the foregoing appropriation item 200-545, Career-Technical	57555
Education Enhancements, up to $2,616,001 in each fiscal year shall	57556
be used to fund career-technical education units at institutions.	57557
Up to $4,200,000 in fiscal year 2002 and up to $4,182,775 in	57558
fiscal year 2003 shall be used to fund the Jobs for Ohio Graduates	57559
(JOG) program.	57560

Of the foregoing appropriation item 200-545, Career-Technical	57561
Education Enhancements, up to $4,182,573 in fiscal year 2002 and	57562
up to $4,432,573 in fiscal year 2003 shall be used by the	57563
Department of Education to fund competitive grants to tech prep	57564
consortia that expand the number of students enrolled in tech prep	57565
programs. These grant funds shall be used to directly support	57566
expanded tech prep programs, including equipment, provided to	57567
students enrolled in school districts, including joint vocational	57568
school districts, and affiliated higher education institutions.	57569

If federal funds for career-technical education cannot be	57570
used for local school district leadership without being matched by	57571
state funds, then an amount as determined by the Superintendent of	57572
Public Instruction shall be made available from state funds	57573
appropriated for career-technical education. If any state funds	57574
are used for this purpose, federal funds in an equal amount shall	57575
be distributed for career-technical education in accordance with	57576
authorization of the state plan for vocational education for Ohio	57577
as approved by the Secretary of the United States Department of	57578
Education.	57579

Of the foregoing appropriation item 200-545, Career-Technical	57580
Education Enhancements, $3,000,000 in fiscal year 2002 and	57581
$3,250,000 in fiscal year 2003 shall be used to provide an amount	57582
to each eligible school district for the replacement or updating	57583
of equipment essential for the instruction of students in job	57584
skills taught as part of a career-technical program or programs	57585
approved for such instruction by the State Board of Education.	57586
School districts replacing or updating career-technical education	57587
equipment may purchase or lease such equipment. The Department of	57588
Education shall review and approve all equipment requests and may	57589
allot appropriated funds to eligible school districts on the basis	57590
of the number of full-time equivalent workforce development	57591
teachers in all eligible districts making application for funds.	57592

The State Board of Education may adopt standards of need for	57593
equipment allocation. Pursuant to the adoption of any such	57594
standards of need by the State Board of Education, appropriated	57595
funds may be allotted to eligible districts according to such	57596
standards. Equipment funds allotted under either process shall be	57597
provided to a school district on a 30, 40, or 50 per cent of cost	57598
on the basis of a district career-technical priority index rating	57599
developed by the Department of Education for all districts each	57600
year. The career-technical priority index shall give preference	57601
to districts with a large percentage of disadvantaged students and	57602
shall include other socio-economic factors as determined by the	57603
State Board of Education.	57604

Of the foregoing appropriation item 200-545, Career-Technical	57605
Education Enhancements, up to $3,650,000 in each fiscal year shall	57606
be awarded by the Superintendent of Public Instruction to an Ohio	57607
nonprofit corporation to support existing High Schools That Work	57608
(HSTW) sites, develop new sites, fund technical assistance, and	57609
support regional centers and middle school programs. The purpose	57610
of HSTW is to combine challenging academic courses and modern	57611
vocational and technical studies to raise the academic achievement	57612
of students. It provides intensive technical assistance, focused	57613
staff development, targeted assessment services, and ongoing	57614
communications and networking opportunities. Any grant awarded	57615
under this program by the Superintendent of Public Instruction	57616
shall require a matching contribution of at least $1,000,000 from	57617
the Ohio nonprofit corporation.	57618

Of the foregoing appropriation item 200-545, Career-Technical	57619
Education Enhancements, $3,750,000 in fiscal year 2002 and	57620
$4,000,000 in fiscal year 2003 shall be used for K-12 career	57621
development.	57622

Of the foregoing appropriation item 200-545, Career-Technical	57623
Educational Enhancements, $300,000 in each fiscal year shall be	57624
used by the Department of Education to establish the Voc-Ag 5th	57625
Quarter Pilot Project. The project shall enable students in	57626
agricultural programs to enroll in a fifth quarter of instruction.	57627
The fifth quarter concept is based on the long-standing and	57628
successful agricultural education model of delivering work-based	57629
learning through supervised agricultural experience. The	57630
Department of Education shall establish rules governing	57631
eligibility criteria and the reporting process for the project	57632
that must include the following: (1) a school is required to hire	57633
a certified teacher for the fifth quarter, (2) a school must have	57634
a curriculum for the fifth quarter that is approved by the	57635
Department of Education, (3) students must earn credit for the	57636
agricultural experience, (4) the program must be approved by the	57637
school district's superintendent, and (5) the program must be in	57638
existence on the effective date of this section. The Department	57639
of Education shall fund as many programs as possible given the	57640
$250,000 set aside. The Department of Education shall report	57641
students' performance results under the project to the General	57642
Assembly not later than December 31, 2002.	57643

Section 44.17.  CHARGE-OFF SUPPLEMENT

57644

The foregoing appropriation item 200-546, Charge-Off	57645
Supplement, shall be used by the Department of Education to make	57646
payments pursuant to section 3317.0216 of the Revised Code.	57647

COUNTY MR/DD BOARDS - VEHICLE PURCHASES

57648

The foregoing appropriation item 200-552, County MR/DD Boards	57649
Vehicle Purchases, shall be used to provide financial assistance	57650
to MR/DD boards for the purchase of vehicles as permitted in	57651
section 3317.07 of the Revised Code.	57652

COUNTY MR/DD BOARDS - TRANSPORTATION

57653

The foregoing appropriation item 200-553, County MR/DD Boards	57654
Transportation Operating, shall be used to provide financial	57655
assistance for transportation operating costs as provided in	57656
division (M) of section 3317.024 of the Revised Code.	57657

EMERGENCY LOAN INTEREST SUBSIDY

57658

The foregoing appropriation item 200-558, Emergency Loan	57659
Interest Subsidy, shall be used to provide a subsidy to school	57660
districts receiving emergency school loans pursuant to section	57661
3313.484 of the Revised Code. The subsidy shall be used to pay	57662
these districts the difference between the amount of interest the	57663
district is paying on an emergency loan, and the interest that the	57664
district would have paid if the interest rate on the loan had been	57665
two per cent.	57666

Section 44.18.  OHIOREADS GRANTS

57667

Of the foregoing appropriation item 200-566, OhioReads	57668
Grants, $19,824,248 in fiscal year 2002 and $19,814,448 in fiscal	57669
year 2003 shall be disbursed by the OhioReads Office in the	57670
Department of Education at the direction of the OhioReads Council	57671
to provide classroom grants to public schools in city, local, and	57672
exempted village school districts; community schools; and	57673
educational service centers serving kindergarten through fourth	57674
grade students. Of the foregoing appropriation item 200-566,	57675
OhioReads Grants, $2,073,752 in fiscal year 2002 and $2,083,552 in	57676
fiscal year 2003 shall be transferred by the Department of	57677
Education to the Department of Aging to be used for the STARS	57678
program.	57679

Of the foregoing appropriation item 200-566, OhioReads	57680
Grants, $5,000,000 each year shall be disbursed by the OhioReads	57681
Office in the Department of Education at the direction of the	57682
OhioReads Council to provide community matching grants to	57683
community organizations and associations, libraries, and others	57684
for tutoring, tutor recruitment and training, and parental	57685
involvement.	57686

Of the foregoing appropriation item 200-566, OhioReads	57687
Grants, $250,000 in each fiscal year shall be allocated to provide	57688
grants to research-based reading mentoring programs for students	57689
with disabilities in kindergarten through fourth grade. Priority	57690
shall be given to mentoring programs that have been recognized by	57691
the Education Commission of the States as promising educational	57692
practices for accelerating student achievement, are easily	57693
replicated, have strong evaluative components, and have goals	57694
aligned to the Ohio proficiency tests. Programs may be	57695
implemented at times deemed most appropriate but at least one	57696
program shall be created for and applied in an urban school	57697
district. The awarding of these grants shall be made in	57698
conjunction with the Ohio Coalition for Education of Children with	57699
Disabilities. Certified staff shall administer these programs and	57700
testing of participants shall be required prior to, during, and	57701
after participation in these programs. The results of the tests	57702
shall be reported to the Governor, Superintendent of Public	57703
Instruction, the General Assembly, and the OhioReads Council.	57704

Grants awarded by the OhioReads Council are intended to	57705
improve reading outcomes, especially on the fourth grade reading	57706
proficiency test.	57707

SCHOOL IMPROVEMENT INCENTIVE GRANTS

57708

Of the foregoing appropriation item 200-570, School	57709
Improvement Incentive Grants, $100,000 in each fiscal year shall	57710
be used to support the Bellefaire Jewish Children's Bureau.	57711

Of the foregoing appropriation item 200-570, School	57712
Improvement Incentive Grants, $50,000 in each fiscal year shall be	57713
used to support the Cleveland School of Art.	57714

Of the foregoing appropriation item 200-570, School	57715
Improvement Incentive Grants, $50,000 in each fiscal year shall be	57716
used to support the Tuscarawas County Educational Service Center.	57717

Of the foregoing appropriation item 200-570, School	57718
Improvement Incentive Grants, $50,000 in each fiscal year shall be	57719
used to support LEAF.	57720

Of the foregoing appropriation item 200-570, School	57721
Improvement Incentive Grants, $50,000 in each fiscal year shall be	57722
used to support the Toledo Tech Academy.	57723

Of the foregoing appropriation item 200-570, School	57724
Improvement Incentive Grants, $150,000 in fiscal year 2002 and	57725
$300,000 in fiscal year 2003 shall be used to support the COSI	57726
Education Project.	57727

Of the foregoing appropriation item 200-570, School	57728
Improvement Incentive Grants, $25,000 in each fiscal year shall be	57729
used to support the Magellan Program.	57730

Of the foregoing appropriation item 200-570, School	57731
Improvement Incentive Grants, $25,000 in each fiscal year shall be	57732
used to support I Know I Can Columbus.	57733

Of the foregoing appropriation item 200-570, School	57734
Improvement Incentive Grants, $25,000 in each fiscal year shall be	57735
used to support the Clerity Program.	57736

Of the foregoing appropriation item 200-570, School	57737
Improvement Incentive Grants, $12,500 in each fiscal year shall be	57738
used to support the Strongsville Youth Council.	57739

Of the foregoing appropriation item 200-570, School	57740
Improvement Incentive Grants, $50,000 in each fiscal year shall be	57741
used to support the Lorain County Access Program.	57742

Of the foregoing appropriation item 200-570, School	57743
Improvement Incentive Grants, $100,000 in each fiscal year shall	57744
be used to support the Summit County Education Initiative.	57745

Of the foregoing appropriation item 200-570, School	57746
Improvement Incentive Grants, $80,000 in each fiscal year shall be	57747
used to support the Cleveland Language Project.	57748

Of the foregoing appropriation item 200-570, School	57749
Improvement Incentive Grants, $25,000 in each fiscal year shall be	57750
used to support the Columbus Language Project.	57751

Of the foregoing appropriation item 200-570, School	57752
Improvement Incentive Grants, $30,000 in each fiscal year shall be	57753
used to support the Cincinnati Language Project.	57754

Of the foregoing appropriation item 200-570, School	57755
Improvement Incentive Grants, $15,000 in each fiscal year shall be	57756
used to support the Dayton Language Project.	57757

SUBSTANCE ABUSE PREVENTION

57758

Of the foregoing appropriation item 200-574, Substance Abuse	57759
Prevention, up to $1,660,200 in each fiscal year shall be used for	57760
the Safe and Drug Free Schools Coordinators Program. Of the	57761
foregoing appropriation item 200-574, Substance Abuse Prevention,	57762
up to $288,000 in each fiscal year of the biennium shall be used	57763
for the Substance Abuse Prevention Student Assistance Program. The	57764
Department of Education and the Department of Alcohol and Drug	57765
Addiction Services shall jointly develop and approve a plan for	57766
the expenditure of these funds including, but not limited to, the	57767
development of position descriptions and training specifications	57768
for safe and drug free schools coordinators. Safe and drug free	57769
schools coordinators shall possess or be in the process of	57770
obtaining credentials issued by the Ohio Credentialing Board for	57771
Chemical Dependency Professionals or other credentials recognized	57772
by that board.	57773

BETHEL SCHOOL CLEANUP

57774

The foregoing appropriation item 200-580, Bethel School	57775
Cleanup, shall be used for the Bethel Local School District in	57776
Miami County. The moneys shall be used to purchase water for the	57777
school and four adjacent households, for expenses incurred by	57778
Bethel Local School District for well-monitoring activities and	57779
water-system conversions, and for expenses incurred by the Ohio	57780
Environmental Protection Agency as the Agency continues to monitor	57781
activities associated with the Bethel Local School District water	57782
supply.	57783

INFORMATION TECHNOLOGY

57784

Of the foregoing appropriation item 200-606, Information	57785
Technology, $50,000 in fiscal year 2002 shall be used for the	57786
Beavercreek City Schools.	57787

AUXILIARY SERVICES MOBILE REPAIR

57788

Notwithstanding section 3317.064 of the Revised Code, if the	57789
unobligated cash balance is sufficient, the Treasurer of State	57790
shall transfer $1,500,000 in fiscal year 2002 within thirty days	57791
after the effective date of this section and $1,500,000 in fiscal	57792
year 2003 by August 1, 2002, from the Auxiliary Services Personnel	57793
Unemployment Compensation Fund to the Department of Education's	57794
Auxiliary Services Mobile Repair Fund (Fund 598).	57795

Section 44.19.  LOTTERY PROFITS EDUCATION FUND

57796

Appropriation item 200-612, Base Cost Funding (Fund 017),	57797
shall be used in conjunction with appropriation item 200-501, Base	57798
Cost Funding (GRF), to provide payments to school districts	57799
pursuant to Chapter 3317. of the Revised Code.	57800

Of the foregoing appropriation item 200-612, Base Cost	57801
Funding (Fund 017), $25,000,000 in each fiscal year shall be used	57802
from the funds transferred from the Unclaimed Prizes Trust Fund	57803
pursuant to the section entitled "Transfers from the Unclaimed	57804
Prizes Fund" of this act.	57805

The Department of Education, with the approval of the	57806
Director of Budget and Management, shall determine the monthly	57807
distribution schedules of appropriation item 200-501, Base Cost	57808
Funding (GRF), and appropriation item 200-612, Base Cost Funding	57809
(Fund 017). If adjustments to the monthly distribution schedule	57810
are necessary, the Department of Education shall make such	57811
adjustments with the approval of the Director of Budget and	57812
Management.	57813

The Director of Budget and Management shall transfer via	57814
intrastate transfer voucher the amount appropriated under the	57815
Lottery Profits Education Fund for appropriation item 200-682,	57816
Lease Rental Payment Reimbursement, to the General Revenue Fund on	57817
a schedule determined by the director. These funds shall support	57818
the appropriation item 230-428, Lease Rental Payments (GRF), of	57819
the School Facilities Commission.	57820

LOTTERY PROFITS TRANSFERS*

57821

On the fifteenth day of May of each fiscal year, the Director	57822
of Budget and Management shall determine if lottery profits	57823
transfers will meet the appropriation amounts from the Lottery	57824
Profits Education Fund.	57825

On or after the date specified in each fiscal year, if the	57826
director determines that lottery profits will not meet	57827
appropriations and if other funds are not available to meet the	57828
shortfall, the Superintendent of Public Instruction shall take the	57829
actions specified under the "Reallocation of Funds" section of	57830
this act.	57831

TRANSFERS FROM THE UNCLAIMED PRIZES FUND

57832

By the fifteenth day of January of fiscal year 2002 and	57833
fiscal year 2003, the Director of Budget and Management shall	57834
transfer $25,000,000 from the State Lottery Commission's Unclaimed	57835
Prizes Fund to the Lottery Profits Education Fund, to be used	57836
solely for purposes specified in the Department of Education's	57837
budget. Transfers of unclaimed prizes under this provision shall	57838
not count as lottery profits in the determination made concerning	57839
excess profits titled "Lottery Profits" under the Department of	57840
Education in this act.	57841

TEACHER CERTIFICATION AND LICENSURE

57842

The foregoing appropriation item 200-681, Teacher	57843
Certification and Licensure, shall be used by the Department of	57844
Education in each year of the biennium to administer teacher	57845
certification and licensure functions pursuant to sections	57846
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24	57847
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and	57848
3319.51 of the Revised Code.	57849

Section 44.20.  LOTTERY PROFITS

57850

(A) There is hereby created the Lottery Profits Education	57851
Reserve Fund (Fund 018) in the State Treasury. At no time shall	57852
the amount to the credit of the fund exceed $75,000,000.	57853
Investment earnings of the Lottery Profits Education Reserve Fund	57854
shall be credited to the fund. Notwithstanding any provisions of	57855
law to the contrary, for fiscal years 2002 and 2003, there is	57856
appropriated to the Department of Education, from the Lottery	57857
Profits Education Reserve Fund, an amount necessary to make loans	57858
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	57859
Revised Code. All loan repayments from loans made in fiscal years	57860
1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 shall be	57861
deposited into the credit of the Lottery Profits Education Reserve	57862
Fund.	57863

(B)(1) On or before July 15, 2001, the Director of Budget	57864
and Management shall determine the amount by which lottery profit	57865
transfers received by the Lottery Profits Education Fund for	57866
fiscal year 2001 exceed $665,200,000. The amount so certified	57867
shall be distributed in fiscal year 2002 pursuant to divisions (C)	57868
and (D) of this section.	57869

(2) On or before July 15, 2002, the Director of Budget and	57870
Management shall determine the amount by which lottery profit	57871
transfers received by the Lottery Profits Education Fund for	57872
fiscal year 2002 exceed $608,722,100. The amount so determined	57873
shall be distributed in fiscal year 2003 pursuant to divisions (E)	57874
and (F) of this section.	57875

The Director of Budget and Management shall annually certify	57876
the amounts determined pursuant to this section to the Speaker of	57877
the House of Representatives and the President of the Senate.	57878

(C) Not later than June 15, 2002, the Department of	57879
Education, in consultation with the Director of Budget and	57880
Management, shall determine, based upon estimates, if a	57881
reallocation of funds as described in the section of this act	57882
titled "Reallocation of Funds" is required.	57883

If a reallocation of funds is required, then the	57884
Superintendent of Public Instruction shall request Controlling	57885
Board approval for a release of any balances in the Lottery	57886
Profits Education Fund available for the purpose of this division	57887
and pursuant to divisions (C)(1) and (2) of the section of this	57888
act titled "Reallocation of Funds." Any moneys so released are	57889
appropriated.	57890

(D) In fiscal year 2002, if the Department of Education does	57891
not determine that a reallocation of funds is necessary by the	57892
fifteenth day of June, as provided in division (C) of this	57893
section, or if there is a balance in the Lottery Profits Education	57894
Fund after the release of any amount needed to preclude a	57895
reallocation of funds as provided in division (C) of this section,	57896
the moneys in the Lottery Profits Education Fund shall be	57897
allocated as provided in this division. Any amounts so allocated	57898
are appropriated.	57899

An amount equal to five per cent of the estimated lottery	57900
profits of $665,200,000 in fiscal year 2001 or the amount	57901
remaining in the fund, whichever is the lesser amount, shall be	57902
transferred to the Lottery Profits Education Reserve Fund within	57903
the limitations specified in division (A) of this section and be	57904
reserved and shall not be available for allocation or distribution	57905
during fiscal year 2002. Any amounts exceeding $75,000,000 shall	57906
be distributed pursuant to division (G) of this section.	57907

(E) Not later than June 15, 2003, the Department of	57908
Education, in consultation with the Director of Budget and	57909
Management, shall determine, based upon estimates, if a	57910
reallocation of funds as described in the section of this act	57911
titled "Reallocation of Funds" is required.	57912

If a reallocation of funds is required, then the	57913
Superintendent of Public Instruction shall request Controlling	57914
Board approval for a release of any balances in the Lottery	57915
Profits Education Fund available for the purpose of this division	57916
and pursuant to divisions (C)(1) and (2) of the section of this	57917
act titled "Reallocation of Funds." Any moneys so released are	57918
appropriated.	57919

(F) In fiscal year 2003, if the Department of Education does	57920
not determine that a reallocation of funds is necessary by the	57921
fifteenth day of June, as provided in division (E) of this	57922
section, or if there is a balance in the Lottery Profits Education	57923
Fund after the release of any amount needed to preclude a	57924
reallocation of funds as provided in division (E) of this section,	57925
the moneys in the Lottery Profits Education Fund shall be	57926
allocated as provided in this division. Any amounts so allocated	57927
are appropriated.	57928

An amount equal to five per cent of the estimated lottery	57929
profits transfers of $608,722,100 in fiscal year 2002 or the	57930
amount remaining in the fund, whichever is the lesser amount,	57931
shall be transferred to the Lottery Profits Education Reserve Fund	57932
within the limitations specified in division (A) of this section	57933
and be reserved and shall not be available for allocation or	57934
distribution during fiscal year 2003. Any amounts exceeding	57935
$75,000,000 shall be distributed pursuant to division (G) of this	57936
section.	57937

(G) In the appropriate fiscal year, any remaining amounts	57938
after the operations required by division (D) or (F) of this	57939
section, respectively, shall be transferred to the Public School	57940
Building Fund (Fund 021) and such amount is appropriated to	57941
appropriation item CAP-622, Public School Buildings, in the School	57942
Facilities Commission.	57943

Section 44.21. PROPERTY TAX ALLOCATION

57944

The Superintendent of Public Instruction shall not request,	57945
and the Controlling Board shall not approve, the transfer of funds	57946
from appropriation item 200-901, Property Tax	57947
Allocation-Education, to any other appropriation item.	57948

SCHOOL DISTRICT SOLVENCY ASSISTANCE

57949

Of the foregoing appropriation item 200-687, School District	57950
Solvency Assistance, $12,000,000 in each fiscal year shall be	57951
allocated to the School District Shared Resource Account and	57952
$12,000,000 in each fiscal year shall be allocated to the	57953
Catastrophic Expenditures Account. These funds shall be used to	57954
provide assistance and grants to school districts to enable them	57955
to remain solvent pursuant to section 3316.20 of the Revised Code.	57956
Assistance and grants shall be subject to approval by the	57957
Controlling Board. Any required reimbursements from school	57958
districts for solvency assistance shall be made to the appropriate	57959
account in the School District Solvency Assistance Fund.	57960

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT

57961

The foregoing appropriation item 200-900, School District	57962
Property Tax Replacement, shall be used by the Department of	57963
Education, in consultation with the Department of Taxation, to	57964
make payments to school districts and joint vocational school	57965
districts pursuant to section 5727.85 of the Revised Code.	57966

Section 44.22.  PROPERTY TAX ALLOCATION - EDUCATION

57967

The appropriation item 200-901, Property Tax Allocation -	57968
Education, is appropriated to pay for the state's costs incurred	57969
due to the homestead exemption and the property tax rollback. In	57970
cooperation with the Department of Taxation, the Department of	57971
Education shall distribute these funds directly to the appropriate	57972
school districts of the state, notwithstanding sections 321.24 and	57973
323.156 of the Revised Code, which provide for payment of the	57974
homestead exemption and property tax rollback by the Tax	57975
Commissioner to the appropriate county treasurer and the	57976
subsequent redistribution of these funds to the appropriate local	57977
taxing districts by the county auditor.	57978

Appropriation item 200-906, Tangible Tax Exemption -	57979
Education is appropriated to pay for the state's costs incurred	57980
due to the tangible personal property tax exemption required by	57981
division (C)(3) of section 5709.01 of the Revised Code. In	57982
cooperation with the Department of Taxation, the Department of	57983
Education shall distribute to each county treasurer the total	57984
amount certified by the county treasurer pursuant to section	57985
319.311 of the Revised Code, for all school districts located in	57986
the county, notwithstanding the provision in section 319.311 of	57987
the Revised Code which provides for payment of the $10,000	57988
tangible personal property tax exemption by the Tax Commissioner	57989
to the appropriate county treasurer for all local taxing districts	57990
located in the county. Pursuant to division (G) of section 321.24	57991
of the Revised Code, the county auditor shall distribute the	57992
amount paid by the Department of Education among the appropriate	57993
school districts.	57994

Upon receipt of these amounts, each school district shall	57995
distribute the amount among the proper funds as if it had been	57996
paid as real or tangible personal property taxes. Payments for	57997
the costs of administration shall continue to be paid to the	57998
county treasurer and county auditor as provided for in sections	57999
319.54, 321.26, and 323.156 of the Revised Code.	58000

Any sums, in addition to the amounts specifically	58001
appropriated in appropriation items 200-901, Property Tax	58002
Allocation - Education, for the homestead exemption and the	58003
property tax rollback payments, and 200-906, Tangible Tax	58004
Exemption - Education, for the $10,000 tangible personal property	58005
tax exemption payments, which are determined to be necessary for	58006
these purposes, are appropriated.	58007

Section 44.23.  DISTRIBUTION FORMULAS*

58008

The Department of Education shall report the following to the	58009
Director of Budget and Management, the Legislative Office of	58010
Education Oversight, and the Legislative Service Commission:	58011

(A) Changes in formulas for distributing state	58012
appropriations, including administratively defined formula	58013
factors;	58014

(B) Discretionary changes in formulas for distributing	58015
federal appropriations;	58016

(C) Federally mandated changes in formulas for distributing	58017
federal appropriations.	58018

Any such changes shall be reported two weeks prior to the	58019
effective date of the change.	58020

Section 44.24.  DISTRIBUTION - SCHOOL DISTRICT SUBSIDY	58021
PAYMENTS	58022

This section shall not take effect unless the Director of	58023
Budget and Management adopts an order putting it into effect and	58024
certifies a copy of the order to the Superintendent of Public	58025
Instruction and the Controlling Board.	58026

Notwithstanding any other provision of the Revised Code, the	58027
monthly distribution of payments made to school districts and	58028
educational service centers pursuant to section 3317.01 of the	58029
Revised Code for the first six months of each fiscal year shall	58030
equal, as nearly as possible, six and two-thirds per cent of the	58031
estimate of the amounts payable for each fiscal year. The monthly	58032
distribution of payments for the last six months of each fiscal	58033
year shall equal, as nearly as possible, ten per cent of the final	58034
calculation of the amounts payable to each school district for	58035
that fiscal year.	58036

The treasurer of each school district or educational service	58037
center may accrue, in addition to the payments defined in this	58038
section, to the accounts of the calendar years that end during	58039
each fiscal year, the difference between the sum of the first six	58040
months' payments in each fiscal year and the amounts the district	58041
would have received had the payments been made in, as nearly as	58042
possible in each fiscal year, twelve equal monthly payments.	58043

Notwithstanding the limitations on the amount of borrowing	58044
and time of payment provided for in section 133.10 of the Revised	58045
Code but subject to sections 133.26 and 133.30 of the Revised	58046
Code, a board of education of a school district may at any time	58047
between July 1, 2001, and December 31, 2001, or at any time	58048
between July 1, 2002, and December 31, 2002, borrow money to pay	58049
any necessary and actual expenses of the school district during	58050
the last six months of calendar years 2001 and 2002 and in	58051
anticipation of the receipt of any portion of the payments to be	58052
received by that district in the first six months of calendar	58053
years 2002 and 2003 representing the respective amounts accrued	58054
pursuant to the preceding paragraph, and issue notes to evidence	58055
that borrowing to mature no later than the thirtieth day of June	58056
of the calendar year following the calendar year in which such	58057
amount was borrowed. The principal amount borrowed in the last	58058
six months of calendar years 2001 or 2002 under this paragraph may	58059
not exceed the entire amount accrued or to be accrued by the	58060
district treasurer in those calendar years pursuant to the	58061
preceding paragraph. The proceeds of the notes shall be used only	58062
for the purposes for which the anticipated receipts are lawfully	58063
appropriated by the board of education. No board of education	58064
shall be required to use the authority granted by this paragraph.	58065
The receipts so anticipated, and additional amounts from	58066
distributions to the districts in the first six months of calendar	58067
years 2002 and 2003 pursuant to Chapter 3317. of the Revised Code	58068
needed to pay the interest on the notes, shall be deemed	58069
appropriated by the board of education to the extent necessary for	58070
the payment of the principal of and interest on the notes at	58071
maturity, and the amounts necessary to make those monthly	58072
distributions are appropriated from the General Revenue Fund. For	58073
the purpose of better ensuring the prompt payment of principal of	58074
and interest on the notes when due, the resolution of the board of	58075
education authorizing the notes may direct that the amount of the	58076
receipts anticipated, together with those additional amounts	58077
needed to pay the interest on the borrowed amounts, shall be	58078
deposited and segregated, in trust or otherwise, to the extent, at	58079
the time or times, and in the manner provided in that resolution.	58080
The borrowing authorized by this section does not constitute debt	58081
for purposes of section 133.04 of the Revised Code. School	58082
districts shall be reimbursed by the state for all necessary and	58083
actual costs to districts arising from this provision, including,	58084
without limitation, the interest paid on the notes while the notes	58085
are outstanding. The Department of Education shall adopt rules	58086
that are not inconsistent with this section for school district	58087
eligibility and application for reimbursement of such costs.	58088
Payments of these costs shall be made out of any anticipated	58089
balances in appropriation items distributed under Chapter 3317. of	58090
the Revised Code. The department shall submit all requests for	58091
reimbursement under these provisions to the Controlling Board for	58092
approval.	58093

During the last six months of each calendar year, instead of	58094
deducting the amount the Superintendent of Public Instruction	58095
would otherwise deduct from a school district's or educational	58096
service center's state aid payments in accordance with the	58097
certifications made for such year pursuant to sections 3307.56 and	58098
3309.51 of the Revised Code, the superintendent shall deduct an	58099
amount equal to forty per cent of the amount so certified. The	58100
secretaries of the retirement systems shall compute the	58101
certifications for the ensuing year under such sections as if the	58102
entire amounts certified as due in the calendar year ending the	58103
current fiscal year, but not deducted pursuant to this paragraph,	58104
had been deducted and paid in that calendar year. During the	58105
first six months of the ensuing calendar year, in addition to	58106
deducting the amounts the Superintendent of Public Instruction is	58107
required to deduct under such sections during such period, the	58108
superintendent shall deduct from a district's or educational	58109
service center's state aid payments an additional amount equal to	58110
the amount that was certified as due from the district for the	58111
calendar year that ends during the fiscal year, but that was not	58112
deducted because of this paragraph. The superintendent's	58113
certifications to the Director of Budget and Management during the	58114
first six months of the calendar year shall reflect such	58115
additional deduction.	58116

Section 44.25.  REALLOCATION OF FUNDS

58117

(A) As used in this section:

58118

(1) "Basic aid" means the amount calculated for the school	58119
district received for the fiscal year under divisions (A) and (C)	58120
of section 3317.022 and sections 3317.023, 3317.025 to 3317.029,	58121
3317.0212, and 3317.0213 of the Revised Code and the amount	58122
computed for a joint vocational school district under section	58123
3317.16 of the Revised Code.	58124

(2) "Nonbasic aid" means the amount computed for a school	58125
district for fiscal year 2002 or fiscal year 2003 under Chapter	58126
3317. of the Revised Code and this act, excluding the district's	58127
basic aid and the amount computed under such chapter and acts for	58128
educational service centers, MR/DD boards, and institutions.	58129

(B) If in either fiscal year of the biennium the Governor	58130
issues an order under section 126.05 of the Revised Code to reduce	58131
expenditures and incurred obligations and the order requires the	58132
superintendent to reduce such state education payments, or if	58133
lottery profits transfers are insufficient to meet the amounts	58134
appropriated from the Lottery Profits Education Fund for base cost	58135
funding, and if other funds are not sufficient to offset the	58136
shortfall, the superintendent shall reduce nonbasic aid payments	58137
so that the total amount expended in the fiscal year will not	58138
exceed the amount available for expenditure pursuant to the	58139
Governor's order. Subject to Controlling Board approval, the	58140
superintendent shall reallocate appropriations not yet expended	58141
from one program to another.	58142

(C)(1) If further reductions in nonbasic aid are necessary	58143
following the reallocations implemented pursuant to division (B)	58144
of this section, the superintendent shall request the Controlling	58145
Board to approve the use of the money appropriated by this	58146
division. The superintendent shall include with the	58147
superintendent's request a report listing the amount of reductions	58148
that each school district will receive if the request is not	58149
approved, and also the amount of the reduction, if any, that will	58150
still be required if the use of the money appropriated by this	58151
section is approved.	58152

(2) In accordance with division (C)(1) of this section,	58153
there is appropriated to the Department of Education from the	58154
unobligated balance remaining in the Lottery Profits Education	58155
Fund at the end of fiscal year 2001 the lesser of: the	58156
unobligated balance in the fund, or the amount needed to preclude	58157
a reallocation pursuant to this section. The money appropriated	58158
by this division may be spent or distributed by the department	58159
only with the approval of the Controlling Board.	58160

(D) If reductions in nonbasic aid are still necessary	58161
following the actions taken pursuant to divisions (B) and (C) of	58162
this section, the superintendent shall determine by what	58163
percentage expenditures for nonbasic aid must be reduced for the	58164
remainder of the fiscal year to make the total amount distributed	58165
for the year equal the amount appropriated or available for	58166
distribution. The superintendent shall reduce by that percentage	58167
the amount to be paid in nonbasic aid to each city, exempted	58168
village, local, and joint vocational school district, to each	58169
educational service center, to each county board of mental	58170
retardation and developmental disabilities, and to each	58171
institution providing special education programs under section	58172
3323.091 of the Revised Code for the remainder of the fiscal year.	58173

Section 44.26.  EDUCATIONAL SERVICE CENTERS FUNDING

58174

Notwithstanding division (B) of section 3317.11 of the	58175
Revised Code, no funds shall be provided to an educational service	58176
center in either fiscal year for any pupils of a city or exempted	58177
village school district unless an agreement to provide services	58178
under section 3313.843 of the Revised Code was entered into by	58179
January 1, 1997, except that funds shall be provided to an	58180
educational service center for any pupils of a city school	58181
district if the agreement to provide services was entered into	58182
within one year of the date upon which such district changed from	58183
a local school district to a city school district. If	58184
insufficient funds are appropriated in fiscal year 2002 or fiscal	58185
year 2003 for the purposes of division (B) of section 3317.11 of	58186
the Revised Code, the department shall first distribute to each	58187
educational service center $37 per pupil in its service center	58188
ADM, as defined in that section. The remaining funds in each	58189
fiscal year shall be distributed proportionally, on a per-student	58190
basis, to each educational service center for its client ADM, as	58191
defined in that section, that is attributable to each city and	58192
exempted village school district that had entered into an	58193
agreement with an educational service center for that fiscal year	58194
under section 3313.843 of the Revised Code by January 1, 1997.	58195

Section 44.27. The Legislative Office of Education Oversight	58196
shall survey the individualized education programs developed for	58197
handicapped children who have been identified under Chapter 3323.	58198
of the Revised Code as having "other health handicaps." The Office	58199
shall categorize the specific medical conditions that school	58200
districts identify as "other health handicaps" and shall quantify	58201
the number of students identified in each category. The Office	58202
shall report its findings to the General Assembly no later than	58203
six months after the effective date of this section.	58204

Section 44.28. * For the school year commencing July 1,	58205
2001, or the school year commencing July 1, 2002, or both, the	58206
Superintendent of Public Instruction may waive for the board of	58207
education of any school district the ratio of teachers to pupils	58208
in kindergarten through fourth grade required under paragraph	58209
(A)(3) of rule 3301-35-03 of the Administrative Code if the	58210
following conditions apply:	58211

(A) The board of education requests the waiver.

58212

(B) After the Department of Education conducts an on-site	58213
evaluation of the district related to meeting the required ratio,	58214
the board of education demonstrates to the satisfaction of the	58215
Superintendent of Public Instruction that providing the facilities	58216
necessary to meet the required ratio during the district's regular	58217
school hours with pupils in attendance would impose an extreme	58218
hardship on the district.	58219

(C) The board of education provides assurances that are	58220
satisfactory to the Superintendent of Public Instruction that the	58221
board will act in good faith to meet the required ratio as soon as	58222
possible.	58223

Section 44.29.  PRIVATE TREATMENT FACILITY PILOT PROJECT

58224

(A) As used in this section:

58225

(1) The following are "participating residential treatment	58226
centers":	58227

(a) Private residential treatment facilities that have	58228
entered into a contract with the Department of Youth Services to	58229
provide services to children placed at the facility by the	58230
department and which, in fiscal year 2002 or 2003 or both, the	58231
department pays through appropriation item 470-401, Care and	58232
Custody;	58233

(b) Abraxas, in Shelby;

58234

(c) Paint Creek, in Bainbridge;

58235

(d) Act One, in Akron;

58236

(e) Friars Club, in Cincinnati.

58237

(2) "Education program" means an elementary or secondary	58238
education program or a special education program and related	58239
services.	58240

(3) "Served child" means any child receiving an education	58241
program pursuant to division (B) of this section.	58242

(4) "School district responsible for tuition" means a city,	58243
exempted village, or local school district that, if tuition	58244
payment for a child by a school district is required under law	58245
that existed in fiscal year 1998, is the school district required	58246
to pay that tuition.	58247

(5) "Residential child" means a child who resides in a	58248
participating residential treatment center and who is receiving an	58249
educational program under division (B) of this section.	58250

(B) A youth who is a resident of the state and has been	58251
assigned by a juvenile court or other authorized agency to a	58252
residential treatment facility specified in division (A) of this	58253
section shall be enrolled in an approved educational program	58254
located in or near the facility. Approval of the educational	58255
program shall be contingent upon compliance with the criteria	58256
established for such programs by the Department of Education. The	58257
educational program shall be provided by a school district or	58258
educational service center, or by the residential facility itself.	58259
Maximum flexibility shall be given to the residential treatment	58260
facility to determine the provider. In the event that a voluntary	58261
agreement cannot be reached and the residential facility does not	58262
choose to provide the educational program, the educational service	58263
center in the county in which the facility is located shall	58264
provide the educational program at the treatment center to	58265
children under twenty-two years of age residing in the treatment	58266
center.	58267

(C) Any school district responsible for tuition for a	58268
residential child shall, notwithstanding any conflicting provision	58269
of the Revised Code regarding tuition payment, pay tuition for the	58270
child for fiscal years 2002 and 2003 to the education program	58271
provider and in the amount specified in this division. If there	58272
is no school district responsible for tuition for a residential	58273
child and if the participating residential treatment center to	58274
which the child is assigned is located in the city, exempted	58275
village, or local school district that, if the child were not a	58276
resident of that treatment center, would be the school district	58277
where the child is entitled to attend school under sections	58278
3313.64 and 3313.65 of the Revised Code, that school district	58279
shall, notwithstanding any conflicting provision of the Revised	58280
Code, pay tuition for the child for fiscal years 2002 and 2003	58281
under this division unless that school district is providing the	58282
educational program to the child under division (B) of this	58283
section.	58284

A tuition payment under this division shall be made to the	58285
school district, educational service center, or residential	58286
treatment facility providing the educational program to the child.	58287

The amount of tuition paid shall be:

58288

(1) The amount of tuition determined for the district under	58289
division (A) of section 3317.08 of the Revised Code;	58290

(2) In addition, for any student receiving special education	58291
pursuant to an individualized education program as defined in	58292
section 3323.01 of the Revised Code, a payment for excess costs.	58293
This payment shall equal the actual cost to the school district,	58294
educational service center, or residential treatment facility of	58295
providing special education and related services to the student	58296
pursuant to the student's individualized education program, minus	58297
the tuition paid for the child under division (C)(1) of this	58298
section.	58299

A school district paying tuition under this division shall	58300
not include the child for whom tuition is paid in the district's	58301
average daily membership certified under division (A) of section	58302
3317.03 of the Revised Code.	58303

(D) In each of fiscal years 2002 and 2003, the Department of	58304
Education shall reimburse, from appropriations made for the	58305
purpose, a school district, educational service center, or	58306
residential treatment facility, whichever is providing the	58307
service, that has demonstrated that it is in compliance with the	58308
funding criteria for each served child for whom a school district	58309
must pay tuition under division (C) of this section. The amount	58310
of the reimbursement in either fiscal year shall be the formula	58311
amount specified in section 3317.022 of the Revised Code, except	58312
that the department shall proportionately reduce this	58313
reimbursement if sufficient funds are not available to pay this	58314
amount to all qualified providers.	58315

(E) Funds provided to a school district, educational service	58316
center, or residential treatment facility under this section shall	58317
be used to supplement, not supplant, funds from other public	58318
sources for which the school district, service center, or	58319
residential treatment facility is entitled or eligible.	58320

(F) The Department of Education shall track the utilization	58321
of funds provided to school districts, educational service	58322
centers, and residential treatment facilities under this section	58323
and monitor the effect of the funding on the educational programs	58324
they provide in participating residential treatment facilities.	58325
The department shall monitor the programs for educational	58326
accountability.	58327

Section 44.30.  SCHOOL DISTRICT PARTICIPATION IN NATIONAL	58328
ASSESSMENT OF EDUCATION PROGRESS	58329

The General Assembly intends for the Superintendent of Public	58330
Instruction to provide for school district participation in the	58331
administration of the National Assessment of Education Progress in	58332
fiscal years 2002 and 2003 in accordance with section 3301.27 of	58333
the Revised Code.	58334

Section 44.31.  Notwithstanding Chapter 3318. of the Revised	58335
Code, for purposes of complying with the local share and repayment	58336
tax requirements of section 3318.05 of the Revised Code, any	58337
school district given conditional approval for classroom	58338
facilities assistance under section 3318.04 of the Revised Code as	58339
of January 1, 1993, that approved a replacement permanent	58340
improvement levy at the November 5, 1996, election shall be	58341
permitted to use the proceeds of such levy, and any notes issued	58342
or to be issued in anticipation thereof, as available funds,	58343
within the meaning specified under section 3318.03 of the Revised	58344
Code, to pay the local share of the cost of the approved classroom	58345
facilities project. Notwithstanding the local share as previously	58346
determined for purposes of the conditional approval of the	58347
project, the local share shall be equal to the amount of proceeds	58348
to be obtained by the district under such replacement permanent	58349
improvement levy. Such school districts shall not be required to	58350
obtain approval of either of the propositions described in	58351
division (A) or (B) of section 3318.051 of the Revised Code. The	58352
agreement required under section 3318.08 of the Revised Code for	58353
the construction and sale of the project shall include provisions	58354
for the transfer of the proceeds of the replacement permanent	58355
improvement levy, and any notes issued in anticipation thereof, to	58356
the school district's project construction account, and for the	58357
levy of the replacement permanent improvement levy.	58358

Section 44.32.  The Superintendent of Public Instruction	58359
shall contract with an independent research entity to evaluate the	58360
pilot project approved pursuant to section 3313.975 of the Revised	58361
Code. The evaluation shall study the impact of scholarships on	58362
student attendance, conduct, commitment to education, and	58363
standardized test scores; parental involvement; the school	58364
district's ability to provide services to district students; and	58365
the availability of alternative educational opportunities. The	58366
evaluation shall also study the economic impact of scholarships on	58367
the school district.	58368

Section 44.33.  Notwithstanding division (C)(1) of section	58369
3313.975 of the Revised Code, in addition to students in	58370
kindergarten through third grade, initial scholarships may be	58371
awarded to fourth, fifth, sixth, seventh, and eighth grade	58372
students in fiscal year 2002 and in fiscal year 2003.	58373

Section 44.34.  (A) As used in this section, "pilot project	58374
area" means the school districts included in the territory of the	58375
former community school pilot project established by former	58376
Section 50.52 of Am. Sub. H.B. 215 of the 122nd General Assembly.	58377

(B) Any teacher or nonteaching employee of a school district	58378
in the pilot project area who, on the effective date of this	58379
section, is taking a leave of absence from the district pursuant	58380
to a policy adopted under former Section 50.52.13 of that act to	58381
work at a community school established under the pilot project and	58382
located in another school district may continue the leave under	58383
the terms of that policy and former section. Upon termination of	58384
the leave, the district shall return the teacher or nonteaching	58385
employee to a position, salary, and level of seniority as required	58386
by that former section.	58387

Section 44.35. As required by Section 50.52.2 of Am. Sub.	58388
H.B. 215 of the 122nd General Assembly, as subsequently amended,	58389
the Legislative Office of Education Oversight shall complete, by	58390
June 1, 2003, its final report on community schools with	58391
recommendations as to the future of community schools in Ohio.	58392
Copies of the report shall be delivered to the President of the	58393
Senate and the Speaker of the House of Representatives.	58394

Section 44.36. STATEMENT OF STATE SHARE PERCENTAGE FOR BASE	58395
COST AND PARITY AID FUNDING	58396

Pursuant to division (D)(3) of section 3317.012 of the	58397
Revised Code, and based on the most recent data available prior to	58398
the enactment of this act, the General Assembly has determined	58399
that the state share percentage of base cost and parity aid	58400
funding for the update year (fiscal year 2002) is 49.0%. This is	58401
the target percentage for fiscal years 2003 through 2007 that the	58402
General Assembly shall use to fulfill its obligation under	58403
division (D)(4) of section 3317.012 of the Revised Code.	58404

Pursuant to division (D)(4) of section 3317.012 of the	58405
Revised Code, and based on the most recent data available prior to	58406
the enactment of this act, the General Assembly has determined	58407
that the state share percentage of base cost and parity aid	58408
funding for fiscal year 2003 is 49.4%. This determination	58409
fulfills the General Assembly's obligation under that division for	58410
fiscal year 2003.	58411

Section 45.  OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK	58412
COMMISSION	58413

General Revenue Fund

58414

General Services Fund Group

58422

STATEHOUSE NEWS BUREAU

58428

The foregoing appropriation item 374-401, Statehouse News	58429
Bureau, shall be used solely to support the operations of the Ohio	58430
Statehouse News Bureau.	58431

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

58432

The foregoing appropriation item 374-402, Ohio Government	58433
Telecommunications Studio, shall be used solely to support the	58434
operations of the Ohio Government Telecommunications Studio.	58435

TELECOMMUNICATIONS OPERATING SUBSIDY

58436

The foregoing appropriation item 374-404, Telecommunications	58437
Operating Subsidy, shall be distributed by the Ohio Educational	58438
Telecommunications Network Commission to Ohio's qualified public	58439
educational television stations, radio reading services, and	58440
educational radio stations to support their operations. The funds	58441
shall be distributed pursuant to an allocation developed by the	58442
Ohio Educational Telecommunications Network Commission.	58443

GOVERNMENT TELEVISION/TELECOMMUNICATIONS OPERATING

58444

Beginning on January 1, 2002, General Service Fund 4T2,	58445
Government Television/Telecommunications Operating, currently	58446
under the direction of the Capital Square Review and Advisory	58447
Board, shall be under the direction of the Ohio Educational	58448
Telecommunications Network Commission. The Director of Budget and	58449
Management shall transfer, by January 15, 2002, all remaining	58450
balances in General Services Fund 4T2, Government	58451
Television/Telecommunications Operating, in the Capital Square	58452
Review and Advisory Board to General Services Fund 4T2, Government	58453
Television/Telecommunications Operating, in the Ohio Educational	58454
Telecommunications Network Commission. General Services Fund 4T2,	58455
Government Television/Telecommunications Operating, is hereby	58456
created in the Ohio Educational Telecommunications Network	58457
Commission.	58458

Section 46.  ELC OHIO ELECTIONS COMMISSION

58459

General Revenue Fund

58460

State Special Revenue Fund Group

58463

Section 47.  FUN STATE BOARD OF EMBALMERS AND FUNERAL	58470
DIRECTORS	58471

General Services Fund Group

58472

Section 48.  ERB STATE EMPLOYMENT RELATIONS BOARD

58478

General Revenue Fund

58479

General Services Fund Group

58482

Section 49.  ENG STATE BOARD OF ENGINEERS AND SURVEYORS

58488

General Services Fund Group

58489

Section 50.  EPA ENVIRONMENTAL PROTECTION AGENCY

58494

General Revenue Fund

58495

General Services Fund Group

58506

Federal Special Revenue Fund Group

58512

State Special Revenue Fund Group

58532

Section 50.01. AREAWIDE PLANNING AGENCIES

58565

Of the foregoing appropriation item 717-321, Surface Water,	58566
$250,000 in fiscal year 2002 and $250,000 in fiscal year 2003	58567
shall be divided evenly between the following six areawide	58568
planning agencies for the purpose of regional water management	58569
planning: Eastgate Regional Council of Governments, Miami Valley	58570
Regional Planning Commission, Northeast Ohio Four County Regional	58571
Planning and Development Organization, Northeast Ohio Areawide	58572
Coordinating Agency, Ohio-Kentucky-Indiana Regional Council of	58573
Governments, and Toledo Metropolitan Area Council of Governments.	58574

GROUNDWATER

58575

Of the foregoing appropriation item 718-321, Groundwater,	58576
$125,000 per year shall be earmarked for the New Straitsville	58577
Sewer.	58578

PUBLIC WATER SYSTEM SUPERVISION

58579

Of the foregoing appropriation item 721-321, Drinking Water,	58580
$225,000 per year shall be earmarked for the Northern Perry Water	58581
Phase III.	58582

CENTRAL SUPPORT INDIRECT

58583

Notwithstanding any other provision of law to the contrary,	58584
the Director of Environmental Protection, with the approval of the	58585
Director of Budget and Management, shall utilize a methodology for	58586
determining each division's payments into the Central Support	58587
Indirect Fund (Fund 219). The methodology used shall contain the	58588
characteristics of administrative ease and uniform application.	58589
Payments to the Central Support Indirect Fund (Fund 219) shall be	58590
made using an intrastate transfer voucher.	58591

Not later than November 30, 2001, the Director of	58592
Environmental Protection shall certify to the Director of Budget	58593
and Management the cash balances in Fund 356, Indirect Costs, and	58594
Fund 4C3, Central Support Indirect, and may request the Director	58595
of Budget and Management to transfer up to the certified amounts	58596
into Fund 219, Central Support Indirect. The amount transferred	58597
is hereby appropriated.	58598

SOLID WASTE FUND TRANSFER

58599

Not later than March 1, 2002, the Director of Environmental	58600
Protection shall certify to the Director of Budget and Management	58601
the amount expended from Fund 4K3, Solid Waste, during fiscal	58602
years 2000 and 2001 for emergency expenses incurred as a result of	58603
the fire at the Kirby Tire site. In fiscal years 2002 and 2003,	58604
the Director of Environmental Protection shall request the	58605
Director of Budget and Management to transfer up to one-half of	58606
the certified amount during fiscal year 2002 and the balance of	58607
the certified amount during fiscal year 2003 from Fund 4R5, Scrap	58608
Tire Management, to Fund 4K3, Solid Waste. The amounts	58609
transferred are hereby appropriated.	58610

Moneys transferred from Fund 4R5, Scrap Tire Management, to	58611
Fund 4K3, Solid Waste, shall not consist of any moneys generated	58612
under division (A)(2) of section 3734.901 of the Revised Code as	58613
amended by this act.	58614

Section 51. There is hereby created the E-Check New Car	58615
Exemption Working Group consisting of a representative of the	58616
Governor's office appointed by the Governor, the Director of	58617
Environmental Protection or the Director's designee, a member of	58618
the House of Representatives appointed by the Speaker of the House	58619
of Representatives, and a member of the Senate appointed by the	58620
President of the Senate. The member from the House of	58621
Representatives and the member from the Senate shall be from	58622
different political parties. Appointments shall be made not later	58623
than five days after the effective date of this section. The	58624
Working Group shall begin meeting not later then two weeks after	58625
the effective date of this section.	58626

The Working Group shall enter into communications with the	58627
contractor hired under section 3704.14 of the Revised Code to	58628
conduct emissions inspections under the motor vehicle inspection	58629
and maintenance program in order to determine all implementing	58630
costs and contract-related costs associated with expanding the	58631
current new car exemption under that program from two years to	58632
five years through a three-year phase-in process. The Working	58633
Group shall issue a report of its findings to the Speaker of the	58634
House of Representatives and the President of the Senate not later	58635
than four weeks after the effective date of this section. Upon	58636
submittal of its report, the Working Group shall cease to exist.	58637

Section 52.  EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

58638

General Revenue Fund

58639

Section 53.  ETH OHIO ETHICS COMMISSION

58644

General Revenue Fund

58645

General Services Fund Group

58648

FEE REVENUE TRANSFER

58653

If the fee revenue that is raised and deposited into Fund 4M6	58654
146-601, Operating Expenses, exceeds the amount appropriated each	58655
fiscal year, the extra fee revenue shall be hereby appropriated	58656
into Fund 4M6 146-601, Operating Expenses, and OBM shall reduce	58657
the GRF appropriation item 146-321, Operating Expenses, in an	58658
amount equal to the amount of the extra fee revenue generated each	58659
fiscal year.	58660

Section 54.  EXP OHIO EXPOSITIONS COMMISSION

58661

General Revenue Fund

58662

State Special Revenue Fund Group

58665

STATE FAIR RESERVE

58672

The foregoing appropriation item 723-603, State Fair Reserve,	58673
shall serve as a budget reserve fund for the Ohio Expositions	58674
Commission in the event of a significant decline in attendance due	58675
to inclement weather or extraordinary circumstances during the	58676
Ohio State Fair and resulting in a loss of revenue. The State	58677
Fair Reserve may be used by the Ohio Expositions Commission to pay	58678
bills resulting from the Ohio State Fair only if all the following	58679
criteria are met:	58680

(A) Admission revenues for the 2001 Ohio State Fair are less	58681
than $2,920,000 or admission revenues for the 2002 Ohio State Fair	58682
are less than $3,010,000 due to inclement weather or extraordinary	58683
circumstances. These amounts are ninety per cent of the projected	58684
admission revenues for each year.	58685

(B) The Ohio Expositions Commission declares a state of	58686
fiscal exigency and requests release of funds by the Director of	58687
Budget and Management.	58688

(C) The Director of Budget and Management releases the	58689
funds. The Director of Budget and Management may approve or	58690
disapprove the request for release of funds, may increase or	58691
decrease the amount of release, and may place such conditions as	58692
the director deems necessary on the use of the released funds. The	58693
Director of Budget and Management may transfer appropriation	58694
authority from fiscal year 2002 to fiscal year 2003 as needed.	58695

In the event that the Ohio Expositions Commission faces a	58696
temporary cash shortage that will preclude them from meeting	58697
current obligations, the Commission may request the Director of	58698
Budget and Management to approve use of the State Fair Reserve to	58699
meet those obligations. The request shall include a plan	58700
describing how the Commission will eliminate the cash shortage. If	58701
the Director of Budget and Management approves the expenditures,	58702
the Commission shall reimburse Fund 640 by the thirtieth day of	58703
June of that same fiscal year through an intrastate transfer	58704
voucher. The amount reimbursed is appropriated.	58705

Of the foregoing appropriation item 723-603, State Fair	58706
Reserve, up to $500,000 shall be transferred in fiscal year 2003	58707
to appropriation item 723-403, Junior Fair Subsidy.	58708

Section 55.  GOV OFFICE OF THE GOVERNOR

58709

General Revenue Fund

58710

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

58716

The Governor may expend a portion of the foregoing	58717
appropriation item 040-321, Operating Expenses, to hire or appoint	58718
legal counsel to be used in proceedings involving the Governor in	58719
the Governor's official capacity or the Governor's office only,	58720
without the approval of the Attorney General, notwithstanding	58721
sections 109.02 and 109.07 of the Revised Code.	58722

Section 56.  DOH DEPARTMENT OF HEALTH

58723

General Revenue Fund

58724

General Services Fund Group

58747

Federal Special Revenue Fund Group

58756

State Special Revenue Fund Group

58764

Holding Account Redistribution Fund Group

58784

Section 56.01. HEMOPHILIA SERVICES

58791

Of the foregoing appropriation item 440-406, Hemophilia	58792
Services, $205,000 in each fiscal year shall be used to implement	58793
the Hemophilia Insurance Pilot Project.	58794

Of the foregoing appropriation item 440-406, Hemophilia	58795
Services, up to $245,000 in each fiscal year shall be used by the	58796
Department of Health to provide grants to the nine hemophilia	58797
treatment centers to provide prevention services for persons with	58798
hemophilia and their family members affected by AIDS and other	58799
bloodborne pathogens.	58800

CANCER REGISTRY SYSTEM

58801

Of the foregoing appropriation item 440-412, Cancer Incidence	58802
Surveillance System, $50,000 in each fiscal year shall be provided	58803
to the Northern Ohio Cancer Resource Center.	58804

The remaining moneys in appropriation item 440-412, Cancer	58805
Incidence Surveillance System, shall be used to maintain and	58806
operate the Ohio Cancer Incidence Surveillance System pursuant to	58807
sections 3701.261 to 3701.263 of the Revised Code.	58808

No later than March 1, 2002, the Ohio Cancer Incidence	58809
Surveillance Advisory Board shall report to the General Assembly	58810
on the effectiveness of the cancer incidence surveillance system	58811
and the partnership between the Department of Health and the	58812
Arthur G. James Cancer Hospital and Richard J. Solove Research	58813
Institute of The Ohio State University.	58814

CHILD AND FAMILY HEALTH SERVICES

58815

Of the foregoing appropriation item 440-416, Child and Family	58816
Health Services, $1,700,000 in each fiscal year shall be used for	58817
family planning services. None of the funds received through	58818
these family planning grants shall be used to provide abortion	58819
services. None of the funds received through these family	58820
planning grants shall be used for counseling for or referrals for	58821
abortion, except in the case of a medical emergency. These funds	58822
shall be distributed on the basis of the relative need in the	58823
community served by the Director of Health to family planning	58824
programs, which shall include family planning programs funded	58825
under Title V of the "Social Security Act," 49 Stat. 620 (1935),	58826
42 U.S.C.A. 301, as amended, and Title X of the "Public Health	58827
Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as amended,	58828
as well as to other family planning programs that the Department	58829
of Health also determines will provide services that are	58830
physically and financially separate from abortion-providing and	58831
abortion-promoting activities, and that do not include counseling	58832
for or referrals for abortion, other than in the case of medical	58833
emergency, with state moneys, but that otherwise substantially	58834
comply with the quality standards for such programs under Title V	58835
and Title X.	58836

The Director of Health, by rule, shall provide reasonable	58837
methods by which a grantee wishing to be eligible for federal	58838
funding may comply with these requirements for state funding	58839
without losing its eligibility for federal funding, while ensuring	58840
that a family planning program receiving a family planning grant	58841
must be organized so that it is physically and financially	58842
separate from the provision of abortion services and from	58843
activities promoting abortion as a method of family planning.	58844

Of the foregoing appropriation item 440-416, Child and Family	58845
Health Services, $150,000 in each fiscal year shall be used to	58846
provide malpractice insurance for physicians and other health	58847
professionals providing prenatal services in programs funded by	58848
the Department of Health.	58849

Of the foregoing appropriation item 440-416, Child and Family	58850
Health Services, $279,000 shall be used in each fiscal year for	58851
the OPTIONS dental care access program.	58852

Of the foregoing appropriation item 440-416, Child and Family	58853
Health Services, $600,000 in each fiscal year shall be used by	58854
local child and family health services clinics to provide services	58855
to uninsured low-income persons.	58856

Of the foregoing appropriation item 440-416, Child and Family	58857
Health Services, $900,000 in each fiscal year shall be used by	58858
federally qualified health centers and federally designated	58859
look-alikes to provide services to uninsured low-income persons.	58860

Of the foregoing appropriation item 440-416, Child and Family	58861
Health Services, $50,000 in each fiscal year shall be used for the	58862
Tree of Knowledge Learning Center in Cleveland Heights.	58863

Of the foregoing appropriation item 440-416, Child and Family	58864
Health Services, $25,000 in fiscal year 2002 shall be provided to	58865
the Suicide Prevention Program of Clermont County.	58866

Of the foregoing appropriation item 440-416, Child and Family	58867
Health Services, $50,000 in fiscal year 2002 shall be provided to	58868
the Discover Health Project.	58869

Of the foregoing appropriation item 440-416, Child and Family	58870
Health Services, $75,000 in fiscal year 2002 shall be provided to	58871
the Mayerson Center.	58872

Of the foregoing appropriation item 440-416, Child and Family	58873
Health Services, $50,000 in fiscal year 2002 shall be provided to	58874
the Central Clinic at the University of Cincinnati.	58875

IMMUNIZATIONS

58876

Of the foregoing appropriation item 440-418, Immunizations,	58877
$125,000 per fiscal year shall be used to provide vaccinations for	58878
Hepatitis B to all qualified underinsured students in the seventh	58879
grade who have not been previously immunized.	58880

Of the foregoing appropriation item 440-418, Immunizations,	58881
up to $25,000 in each fiscal year shall be used to provide	58882
vaccinations for pneumococcal disease for children between the	58883
ages of two and five.	58884

SEXUAL ASSAULT PREVENTION AND INTERVENTION

58885

The foregoing appropriation item 440-419, Sexual Assault	58886
Prevention and Intervention, shall be used for the following	58887
purposes:	58888

(A) Funding of new services in counties with no services for	58889
sexual assault;	58890

(B) Expansion of services provided in currently funded	58891
projects so that comprehensive crisis intervention and prevention	58892
services are offered;	58893

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	58894
projects;	58895

(D) Statewide expansion of local outreach and public	58896
awareness efforts.	58897

HIV/AIDS PREVENTION/TREATMENT

58898

Of the foregoing appropriation item 440-444, AIDS Prevention	58899
and Treatment, $6.7 million in fiscal year 2002 and $7.1 million	58900
in fiscal year 2003 shall be used to assist persons with HIV/AIDS	58901
in acquiring HIV-related medications.	58902

The HIV Drug Assistance Program is pursuant to section	58903
3701.241 of the Revised Code and Title XXVI of the "Public Health	58904
Services Act," 104 Stat. 576 (1990), 42 U.S.C.A. 2601, as amended.	58905
The Department of Health may adopt rules pursuant to Chapter 119.	58906
of the Revised Code as necessary for the administration of the	58907
program.	58908

INFECTIOUS DISEASE PREVENTION

58909

Notwithstanding section 339.77 of the Revised Code, $60,000	58910
of the foregoing appropriation item 440-446, Infectious Disease	58911
Prevention, shall be used by the Director of Health to reimburse	58912
Boards of County Commissioners for the cost of detaining indigent	58913
persons with tuberculosis. Any portion of the $60,000 allocated	58914
for detainment not used for that purpose shall be used to make	58915
payments to counties pursuant to section 339.77 of the Revised	58916
Code.	58917

Of the foregoing appropriation item 440-446, Infectious	58918
Disease Prevention, $200,000 in each fiscal year shall be used for	58919
the purchase of drugs for sexually transmitted diseases.	58920

HELP ME GROW

58921

The foregoing appropriation item 440-459, Help Me Grow, shall	58922
be used by the Department of Health to distribute subsidies to	58923
counties to implement section 3701.61 of the Revised Code.	58924
Appropriation item 440-459 may be used in conjunction with	58925
Temporary Assistance for Needy Families from the Department of Job	58926
and Family Services, Even Start from the Department of Education,	58927
and in conjunction with other early childhood funds and services	58928
to promote the optimal development of young children. Local	58929
contacts shall be developed between local departments of job and	58930
family services and family and children first councils for the	58931
administration of TANF funding for the Help Me Grow Program. The	58932
Department of Health shall enter into an interagency agreement	58933
with the Department of Education to coordinate the planning,	58934
design, and grant selection process for any new Even Start grants	58935
and to ensure that all new and existing programs within Help Me	58936
grow are school linked.	58937

POISON CONTROL NETWORK

58938

The foregoing appropriation item 440-504, Poison Control	58939
Network, shall be used in each fiscal year by the Department of	58940
Health for grants to the consolidated Ohio Poison Control Center	58941
to provide poison control services to Ohio citizens.	58942

BIRTH DEFECTS INFORMATION SYSTEM

58943

Of the foregoing appropriation item 440-507, Cystic Fibrosis,	58944
$50,000 in each fiscal year shall be used to begin implementation	58945
of the Birth Defects Information System established under Sub.	58946
H.B. 534 of the 123rd General Assembly.	58947

TANF FAMILY PLANNING

58948

The Director of Budget and Management shall transfer by	58949
intrastate transfer voucher, no later than the fifteenth day of	58950
July of each fiscal year, cash from the General Revenue Fund,	58951
appropriation item 600-410, TANF State, to General Services Fund	58952
5C1 in the Department of Health, in an amount of $250,000 in each	58953
fiscal year for the purpose of family planning services for	58954
children or their families whose income is at or below 200 per	58955
cent of the official poverty guideline.	58956

As used in this section, "poverty guideline" means the	58957
official poverty guideline as revised annually by the United	58958
States Secretary of Health and Human Services in accordance with	58959
section 673 of the "Community Services Block Grant Act," 95 Stat.	58960
511 (1981), 42 U.S.C.A. 9902, as amended, for a family size equal	58961
to the size of the family of the person whose income is being	58962
determined.	58963

MATERNAL CHILD HEALTH BLOCK GRANT

58964

Of the foregoing appropriation item 440-601, Maternal Child	58965
Health Block Grant (Fund 320), $2,091,299 shall be used in each	58966
fiscal year for the purposes of abstinence-only education. The	58967
Director of Health shall develop guidelines for the establishment	58968
of abstinence programs for teenagers with the purpose of	58969
decreasing unplanned pregnancies and abortion. Such guidelines	58970
shall be pursuant to Title V of the "Social Security Act," 42	58971
U.S.C.A. 510, and shall include, but are not limited to,	58972
advertising campaigns and direct training in schools and other	58973
locations.	58974

A portion of the foregoing appropriation item 440-601,	58975
Maternal Child Health Block Grant (Fund 320), may be used to	58976
ensure that current information on sudden infant death syndrome is	58977
available for distribution by local health districts.	58978

TITLE XX TRANSFER

58979

Of the foregoing appropriation item 440-611, Title XX	58980
Transfer (Fund 3W5), $500,000 in each fiscal year shall be used	58981
for the purposes of abstinence-only education. The Director of	58982
Health shall develop guidelines for the establishment of	58983
abstinence programs for teenagers with the purpose of decreasing	58984
unplanned pregnancies and abortion. The guidelines shall be	58985
developed pursuant to Title V of the "Social Security Act," 42	58986
U.S.C. 510, and shall include, but are not to be limited to,	58987
advertising campaigns and direct training in schools and other	58988
locations.	58989

GENETICS SERVICES

58990

The foregoing appropriation item 440-608, Genetics Services	58991
(Fund 4D6), shall be used by the Department of Health to	58992
administer programs authorized by sections 3701.501 and 3701.502	58993
of the Revised Code. None of these funds shall be used to counsel	58994
or refer for abortion, except in the case of a medical emergency.	58995

SICKLE CELL FUND

58996

The foregoing appropriation item 440-610, Sickle Cell Disease	58997
Control (Fund 4F9), shall be used by the Department of Health to	58998
administer programs authorized by section 3701.131 of the Revised	58999
Code. The source of the funds is as specified in section 3701.23	59000
of the Revised Code.	59001

SAFETY AND QUALITY OF CARE STANDARDS

59002

The Department of Health may use Fund 471, Certificate of	59003
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	59004
the Revised Code in each fiscal year.	59005

MEDICALLY HANDICAPPED CHILDREN AUDIT

59006

The Medically Handicapped Children Audit Fund (Fund 477)	59007
shall receive revenue from audits of hospitals and recoveries from	59008
third-party payors. Moneys may be expended for payment of audit	59009
settlements and for costs directly related to obtaining recoveries	59010
from third-party payors and for encouraging Medically Handicapped	59011
Children's Program recipients to apply for third-party benefits.	59012
Moneys also may be expended for payments for diagnostic and	59013
treatment services on behalf of medically handicapped children, as	59014
defined in division (A) of section 3701.022 of the Revised Code,	59015
and Ohio residents who are twenty-one or more years of age and who	59016
are suffering from cystic fibrosis. Moneys may also be expended	59017
for administrative expenses incurred in operating the Medically	59018
Handicapped Children's Program.	59019

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	59020
PERMIT FUND	59021

The Director of Budget and Management, pursuant to a plan	59022
submitted by the Department of Health, or as otherwise determined	59023
by the Director of Budget and Management, shall set a schedule to	59024
transfer cash from the Liquor Control Fund (Fund 043) to the	59025
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	59026
needs of the Alcohol Testing and Permit program.	59027

The Director of Budget and Management shall transfer to the	59028
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	59029
Fund (Fund 043) established in section 4301.12 of the Revised Code	59030
such amounts at such times as determined by the transfer schedule.	59031

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

59032

The foregoing appropriation item 440-607, Medically	59033
Handicapped Children - County Assessments (Fund 666), shall be	59034
used to make payments pursuant to division (E) of section 3701.023	59035
of the Revised Code.	59036

Section 56.02. (A) There is hereby created the Health Care	59037
Workforce Shortage Task Force to study the shortage of health care	59038
professionals and health care workers in the health care workforce	59039
and to propose a state plan to address the problem. For the	59040
purposes of the Task Force, "health care professional" and "health	59041
care worker" have the same meanings as in section 2305.234 of the	59042
Revised Code.	59043

(B) The Director of Health shall serve as chair of the	59044
Health Care Workforce Shortage Task Force. The Task Force shall	59045
consist of not more than twenty-one members, who shall serve	59046
without compensation. The Director of Aging, one member of the	59047
Senate, appointed by the President of the Senate, and one member	59048
of the House of Representatives, appointed by the Speaker of the	59049
House of Representatives, shall serve on the Task Force. The	59050
member from the House of Representatives and the member from the	59051
Senate shall be from different political parties. The Director of	59052
Health shall appoint health care professionals and health care	59053
workers representing each of the following organizations:	59054

(1) Ohio Hospital Association;

59055

(2) Ohio Association of Children's Hospitals;

59056

(3) Ohio Council for Home Care;

59057

(4) Ohio Health Care Association;

59058

(5) Ohio Hospice and Palliative Care Organization;

59059

(6) Ohio Association of Philanthropic Homes;

59060

(7) Ohio Commission on Minority Health;

59061

(8) Ohio Nurses Association;

59062

(9) Ohio Pharmacists Association;

59063

(10) Ohio State Medical Association;

59064

(11) Families for Improved Care;

59065

(12) Ohio Association of Health Care Quality;

59066

(13) Ohio Academy of Family Physicians;

59067

(14) Ohio Provider Resource Association;

59068

(15) Ohio Association of Adult Day Services.

59069

(C) The Department of Health shall provide the Task Force	59070
with office space, staff, supplies, services, and other support as	59071
needed.	59072

(D) The Task Force shall do all of the following:

59073

(1) Review the licensing standards for all health care	59074
professionals;	59075

(2) Identify strategies to increase recruitment, retention,	59076
and development of qualified health care professionals and health	59077
care workers in health care settings;	59078

(3) Develop recommendations for improving scopes of practice	59079
to remove unnecessary barriers to high quality provision of health	59080
care;	59081

(4) Develop possible demonstration projects to present	59082
technology's potential to increase the efficiency of health care	59083
personnel;	59084

(5) Recommend education strategies to meet health care	59085
workforce needs.	59086

(E) The Task Force shall submit a report of its findings and	59087
recommendations to the Speaker and Minority Leader of the House of	59088
Representatives and to the President and Minority Leader of the	59089
Senate not later than July 1, 2002. On submission of the report,	59090
the Task Force shall cease to exist.	59091

Section 57.  HEF HIGHER EDUCATIONAL FACILITY COMMISSION

59092

Agency Fund Group

59093

Section 58.  SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

59098

General Revenue Fund

59099

General Services Fund Group

59104

COMMISSION ON HISPANIC/LATINO AFFAIRS PROGRESS REVIEW

59109

No later than December 31, 2001, the Commission on	59110
Hispanic/Latino Affairs shall submit to the chairperson and	59111
ranking minority member of the Human Services Subcommittee of the	59112
Finance and Appropriations Committee of the House of	59113
Representatives a report that demonstrates the progress that has	59114
been made toward meeting the Commission's mission statement.	59115

Section 59.  OHS OHIO HISTORICAL SOCIETY

59116

General Revenue Fund

59117

SUBSIDY APPROPRIATION

59127

Upon approval by the Director of Budget and Management, the	59128
foregoing appropriation items shall be released to the Ohio	59129
Historical Society in quarterly amounts that in total do not	59130
exceed the annual appropriations. The funds and fiscal records of	59131
the society for fiscal years 2002 and 2003 shall be examined by	59132
independent certified public accountants approved by the Auditor	59133
of State, and a copy of the audited financial statements shall be	59134
filed with the Office of Budget and Management. The society shall	59135
prepare and submit to the Office of Budget and Management the	59136
following:	59137

(A) An estimated operating budget for each fiscal year of	59138
the biennium. The operating budget shall be submitted at or near	59139
the beginning of each year.	59140

(B) Financial reports, indicating actual receipts and	59141
expenditures for the fiscal year to date. These reports shall be	59142
filed at least semiannually during the fiscal biennium.	59143

The foregoing appropriations shall be considered to be the	59144
contractual consideration provided by the state to support the	59145
state's offer to contract with the Ohio Historical Society under	59146
section 149.30 of the Revised Code.	59147

OPERATING SUBSIDY

59148

The Director of Budget and Management shall not release the	59149
second quarterly payment for FY 2002 of the foregoing	59150
appropriation item GRF 360-501, Operating Subsidy, to the Ohio	59151
Historical Society until the release of these moneys is approved	59152
by the Controlling Board. The Controlling Board shall not approve	59153
such release until the Ohio Historical Society submits a plan to	59154
the Controlling Board containing a detailed budget with current	59155
and projected costs of operating each state memorial by category,	59156
the sources and amounts of non-state income used at each site, and	59157
the Ohio Historical Society's management plan for each site during	59158
the biennium. The Controlling Board shall consult with the Ohio	59159
Historic Preservation Advisory Board and determine the Ohio	59160
Historical Society's submitted plan to adequately meet the state's	59161
goal of historic preservation prior to the approval of the release	59162
of moneys from GRF 360-501, Operating Subsidy, to the Ohio	59163
Historical Society.	59164

SITE OPERATIONS

59165

Of the foregoing appropriation item 360-502, Site Operations,	59166
$75,000 in each fiscal year shall be distributed to the Ohio	59167
Ceramic Center; $5,000 in each fiscal year shall be distributed to	59168
the New Straitsville Veterans' Monument; $10,000 in each fiscal	59169
year shall be distributed to the Huron County Veterans' Memorial;	59170
and $12,500 in each fiscal year shall be distributed to the	59171
Shalersville Veterans' Memorial.	59172

HAYES PRESIDENTIAL CENTER

59173

If a United States government agency, including, but not	59174
limited to, the National Park Service, chooses to take over the	59175
operations or maintenance of the Hayes Presidential Center, in	59176
whole or in part, the Ohio Historical Society shall make	59177
arrangements with the National Park Service or other United States	59178
government agency for the efficient transfer of operations or	59179
maintenance.	59180

HISTORICAL GRANTS

59181

Of the foregoing appropriation item 360-508, Historical	59182
Grants, $50,000 in each fiscal year shall be distributed to the	59183
Hebrew Union College in Cincinnati for the Holocaust Education	59184
Project, $20,000 in fiscal year 2002 shall be distributed to the	59185
Clinton County Historical Society, $60,000 in fiscal year 2002	59186
shall be distributed to the Holbrook College Project, $100,000 in	59187
each fiscal year shall be distributed to the Western Reserve	59188
Historical Society Hale Farm Project, $125,000 in each fiscal year	59189
shall be distributed to the Great lakes Historical Society,	59190
$500,000 in each fiscal year shall be distributed to the Western	59191
Reserve Historical Society, $75,000 in fiscal year 2002 shall be	59192
distributed to the Cincinnati Museum Center, $50,000 in fiscal	59193
year 2002 shall be distributed to the Underground Railroad Freedom	59194
Center, and $25,000 in fiscal year 2002 shall be distributed to	59195
the Emery Theatre.	59196

Section 60.  REP OHIO HOUSE OF REPRESENTATIVES

59197

General Revenue Fund

59198

General Services Fund Group

59201

Section 61.  IGO OFFICE OF THE INSPECTOR GENERAL

59208

General Revenue Fund

59209

State Special Revenue Fund Group

59212

Of the foregoing appropriation item 965-602, Special	59216
Investigations, up to $100,000 in each fiscal year may be used for	59217
investigative costs, pursuant to section 121.481 of the Revised	59218
Code.	59219

Section 62.  INS DEPARTMENT OF INSURANCE

59220

Federal Special Revenue Fund Group

59221

State Special Revenue Fund Group

59225

MARKET CONDUCT EXAMINATION

59232

When conducting a market conduct examination of any insurer	59233
doing business in this state, the Superintendent of Insurance may	59234
assess the costs of the examination against the insurer. The	59235
superintendent may enter into consent agreements to impose	59236
administrative assessments or fines for conduct discovered that	59237
may be violations of statutes or regulations administered by the	59238
superintendent. All costs, assessments, or fines collected shall	59239
be deposited to the credit of the Department of Insurance	59240
Operating Fund (Fund 554).	59241

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

59242

The Superintendent of Insurance may transfer funds from the	59243
Department of Insurance Operating Fund (Fund 554), established by	59244
section 3901.021 of the Revised Code, to the Superintendent's	59245
Examination Fund (Fund 555), established by section 3901.071 of	59246
the Revised Code, only for the expenses incurred in examining	59247
domestic fraternal benefit societies as required by section	59248
3921.28 of the Revised Code.	59249

Section 63. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

59250

General Revenue Fund

59251

General Services Fund Group

59301

Federal Special Revenue Fund Group

59309

State Special Revenue Fund Group

59336

Agency Fund Group

59360

Holding Account Redistribution Fund Group

59365

Section 63.01. JOB AND FAMILY SERVICES REPORT TO THE GENERAL	59372
ASSEMBLY	59373

In addition to other reporting requirements established in	59374
the Revised Code, the Department of Job and Family Services shall,	59375
not later than June 30, 2002, at the request of the Finance and	59376
Appropriations Committee of the House of Representatives, report	59377
to the General Assembly on the department's performance in	59378
carrying out its mission and include in the report at least the	59379
following: the long-term planning and vision for the various	59380
elements of the Department of Job and Family Services, and an	59381
analysis of the fund balances and cash flow in the department's	59382
budget.	59383

Section 63.02. DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	59384
SERVICES TITLE IV-A TREATMENT AND MENTORING PROGRAM	59385

There is hereby established the Title IV-A Treatment and	59386
Mentoring Program to be administered by the Department of Alcohol	59387
and Drug Addiction Services in accordance with an interagency	59388
agreement entered into with the Department of Job and Family	59389
Services under division (B)(2) of section 5101.801 of the Revised	59390
Code, except that division (C)(4) of that section shall not apply.	59391
The program shall provide benefits and services to TANF-eligible	59392
individuals with incomes at or below 200 per cent of the federal	59393
poverty guidelines under a Title IV-A program pursuant to the	59394
requirements of section 5101.801 of the Revised Code. Upon	59395
approval by the Department of Job and Family Services, the	59396
Department of Alcohol and Drug Addiction Services shall adopt	59397
rules establishing program requirements for eligibility, services,	59398
fiscal accountability, and other criteria necessary to comply with	59399
the provisions of Title IV-A of the "Social Security Act," 110	59400
Stat. 2113 (1996), 42 U.S.C. 601, as amended. Each fiscal year,	59401
the Director of Budget and Management shall transfer $3,500,000 in	59402
appropriation authority from appropriation item 600-410, TANF	59403
State, to State Special Revenue Fund 5B7 appropriation item	59404
038-629, TANF Transfer-Treatment, and $1,500,000 in appropriation	59405
authority from appropriation item 600-410, TANF State, to State	59406
Special Revenue Fund 5E8 appropriation item 038-630, TANF	59407
Transfer-Mentoring, in the Department of Alcohol and Drug	59408
Addiction Services.	59409

Section 63.03. DISABILITY ASSISTANCE

59410

The following schedule shall be used to determine monthly	59411
grant levels in the Disability Assistance Program effective July	59412
1, 2001.	59413

Section 63.04. ADULT EMERGENCY ASSISTANCE PROGRAM

59431

Appropriations in appropriation item 600-512, Non-TANF	59432
Emergency Assistance, in each fiscal year shall be used for the	59433
Adult Emergency Assistance Program established under section	59434
5101.86 of the Revised Code.	59435

Section 63.05. HEALTH CARE/MEDICAID

59436

The foregoing appropriation item 600-525, Health	59437
Care/Medicaid, shall not be limited by the provisions of section	59438
131.33 of the Revised Code.	59439

Section 63.06. CHILD SUPPORT COLLECTIONS/TANF MOE

59440

The foregoing appropriation item 600-658, Child Support	59441
Collections, shall be used by the Department of Job and Family	59442
Services to meet the TANF maintenance of effort requirements of	59443
Pub. L. No. 104-193. After the state has met the maintenance of	59444
effort requirement, the Department of Job and Family Services may	59445
use funds from appropriation item 600-658 to support public	59446
assistance activities.	59447

Section 63.07. MEDICAID PROGRAM SUPPORT FUND - STATE

59448

The foregoing appropriation item 600-671, Medicaid Program	59449
Support, shall be used by the Department of Job and Family	59450
Services to pay for Medicaid services and contracts.	59451

Section 63.08.  HOSPITAL CARE ASSURANCE MATCH FUND

59452

Appropriation item 600-650, Hospital Care Assurance Match,	59453
shall be used by the Department of Job and Family Services in	59454
accordance with division (B) of section 5112.18 of the Revised	59455
Code.	59456

Section 63.09. TANF

59457

TANF COUNTY INCENTIVES

59458

Of the foregoing appropriation item 600-689, TANF Block	59459
Grant, the Department of Job and Family Services may provide	59460
financial incentives to those county departments of job and family	59461
services that have exceeded performance standards adopted by the	59462
state department, and where the board of county commissioners has	59463
entered into a written agreement with the state department under	59464
section 5101.21 of the Revised Code governing the administration	59465
of the county department. Any financial incentive funds provided	59466
pursuant to this division shall be used by the county department	59467
for additional or enhanced services for families eligible for	59468
assistance under Chapter 5107. or benefits and services under	59469
Chapter 5108. of the Revised Code or, on request by the county and	59470
approval by the Department of Job and Family Services, be	59471
transferred to the Child Care and Development Fund or the Social	59472
Services Block Grant. The county departments of job and family	59473
services may retain and expend such funds without regard to the	59474
state or county fiscal year in which the financial incentives were	59475
earned or paid. Each county department of job and family services	59476
shall file an annual report with the Department of Job and Family	59477
Services providing detailed information on the expenditure of	59478
these financial incentives and an evaluation of the effectiveness	59479
of the county department's use of these funds in achieving	59480
self-sufficiency for families eligible for assistance under	59481
Chapter 5107. or benefits and services under Chapter 5108. of the	59482
Revised Code.	59483

TANF YOUTH DIVERSION PROGRAMS

59484

Of the foregoing appropriation item 600-689, TANF Block	59485
Grant, $19,500,000 in each fiscal year shall be allocated by the	59486
Department of Job and Family Services to the counties according to	59487
the allocation formula established in division (D) of section	59488
5101.14 of the Revised Code. Of the funds allocated to each	59489
county, up to half may be used for contract or county-provided	59490
services for unruly and misdemeanant diversionary programs. The	59491
juvenile court in each county shall have a right of first refusal	59492
for the use of these funds for the purpose of juvenile diversion	59493
activities in accordance with the county's comprehensive joint	59494
service plan, as provided by divisions (C), (D), and (E) of	59495
section 121.37 of the Revised Code.	59496

The remaining funds not allocated for use in juvenile	59497
diversion activities may be used by the county for other contract	59498
or county-provided child welfare services. In counties with	59499
separate departments of job and family services and public	59500
children services agencies, the county department of job and	59501
family services shall serve as a pass through to the public	59502
children services agencies for these funds. Separate public	59503
children services agencies receiving such funds shall comply with	59504
all TANF requirements, including reporting requirements and	59505
timelines, as specified in state and federal laws, federal	59506
regulations, state rules, and the Title IV-A state plan, and are	59507
responsible for payment of any adverse audit finding, final	59508
disallowance of federal financial participation, or other sanction	59509
or penalty issued by the federal government or other entity	59510
concerning these funds.	59511

Of the foregoing $19,500,000 set aside, any funds remaining	59512
unspent on June 30, 2002, shall be carried forward and added to	59513
the earmark for fiscal year 2003, and allocated to the counties	59514
according to the allocation formula established in division (D) of	59515
section 5101.14 of the Revised Code.	59516

KINSHIP NAVIGATORS

59517

Of the foregoing appropriation item 600-689, TANF Block	59518
Grant, up to $3 million in each fiscal year shall be allocated by	59519
the Department of Job and Family Services to county departments of	59520
job and family services for the purpose of making allocations to	59521
local public children services agencies to provide services in the	59522
Kinship Navigation program. The allocation to county departments	59523
of job and family services shall be based on the number of Ohio	59524
works first cases in the county, and the number of children	59525
seventeen years of age or younger in the county. The Department of	59526
Job and Family Services shall develop an appropriate method of	59527
reallocating these funds in each fiscal year among the county	59528
deparments of job and family services, if they would otherwise be	59529
unspent.	59530

TANF FAITH-BASED CAPACITY-BUILDING PROGRAMS

59531

From the foregoing appropriation item 600-689, TANF Block	59532
Grant, up to $1,000,000 in each fiscal year shall be used to	59533
support capacity-building efforts among faith-based organizations,	59534
for the purpose of providing allowable services to TANF-eligible	59535
individuals. Organizations receiving these funds shall comply	59536
with all TANF requirements, and shall agree with the Department of	59537
Job and Family Services on reporting requirements to be	59538
incorporated into the grant agreement.	59539

TANF EDUCATION

59540

Not later than July 15, 2002, the Director of Budget and	59541
Management shall transfer $35,000,000 in appropriation authority	59542
from appropriation item 600-689, TANF Block Grant (Fund 3V6), to	59543
Fund 3W6, TANF Education, in the Department of Education, which is	59544
created in the State Treasury. The transferred funds shall be	59545
used for the purpose of providing allowable services to	59546
TANF-eligible individuals.	59547

Not later than July 15, 2001, the Director of Budget and	59548
Management shall transfer $76,156,175 from Fund 3V6, TANF Block	59549
Grant, to Fund 3W6, TANF Education, in the Department of	59550
Education. Not later than July 15, 2002, the Director of Budget	59551
and Management shall transfer $98,843,825 from Fund 3V6, TANF	59552
Block Grant, to Fund 3W6, TANF Education, in the Department of	59553
Education. The transferred funds shall be used for the purpose of	59554
providing allowable services to TANF-eligible individuals. The	59555
Department of Education shall comply with all TANF requirements,	59556
including reporting requirements and timelines, as specified in	59557
state and federal laws, federal regulations, state rules, and the	59558
Title IV-A state plan, and is responsible for payment of any	59559
adverse audit finding, final disallowance of federal financial	59560
participation, or other sanction or penalty issued by the federal	59561
government or other entity concerning these funds.	59562

COUNTY DEPARTMENTS OF JOB AND FAMILY SERVICES TITLE IV-A	59563
ADULT LITERACY AND CHILD READING PROGRAMS	59564

There is hereby established the Title IV-A Adult Literacy and	59565
Child Reading Program to be administered by the county departments	59566
of job and family services in accordance with division (B)(1) of	59567
section 5101.801 of the Revised Code. The program shall provide	59568
benefits and services to TANF-eligible individuals with incomes at	59569
or below 200 per cent of the federal poverty guidelines under a	59570
Title IV-A program pursuant to the requirements of section	59571
5101.801 of the Revised Code. The county departments of job and	59572
family services shall ensure program requirements for eligibility,	59573
services, fiscal accountability, and other criteria necessary to	59574
comply with the provisions of Title IV-A of the "Social Security	59575
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended, and ensure	59576
that benefits and services are allowable uses of federal Title	59577
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	59578
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	59579
benefits and services shall be benefits and services that 45	59580
C.F.R. 260.31(b) excludes from the definition of "assistance."	59581
From the foregoing appropriation item 600-689, TANF Block Grant,	59582
up to $5,000,000 in each fiscal year shall be used to support	59583
local adult literacy and child reading programs.	59584

TALBERT HOUSE

59585

In each fiscal year, the Director of Job and Family Services	59586
shall provide $100,500 from appropriation item 600-689, TANF Block	59587
Grant, to the Hamiliton County Department of Job and Family	59588
Services to contract with the Talbert House for the purpose of	59589
providing allowable services to TANF-eligible individuals with	59590
incomes at or below 200 per cent of the federal poverty	59591
guidelines. The contract between the Hamilton County Department	59592
of Job and Family Services and the Talbert House shall establish	59593
conditions for the reimbursement of allowable Title IV-A	59594
expenditures for services that are allowable uses of federal Title	59595
IV-A funds as specified in 42 U.S.C.A. 604(a), except that they	59596
may not be "assistance" as defined in 45 C.F.R. 260.31(a). The	59597
benefits and services shall be benefits and services that 45	59598
C.F.R. 260.31(b) excludes from the definition of "assistance." The	59599
contract shall also require Talbert House to comply with	59600
requirements of Title IV-A of the "Social Security Act," 110 Stat.	59601
2113 (1996), 42 U.S.C. 601, as amended, including eligibility of	59602
individuals, reporting requirements, allowable benefits and	59603
services, use of funds, and audit requirements, as specified in	59604
state and federal laws, federal regulations, state rules, federal	59605
Office of Management and Budget circulars, and the Title IV-A	59606
state plan.	59607

MONTGOMERY COUNTY OUT-OF-SCHOOL YOUTH PROJECT

59608

In each fiscal year, the Director of Job and Family Services	59609
shall provide $1,000,000 from appropriation item 600-689, TANF	59610
Block Grant, to the Montgomery County Department of Job and Family	59611
Services to be used to support the Out-of-School Youth Project in	59612
Montgomery County for the purpose of providing allowable services	59613
to TANF-eligible individuals. The Montgomery County Department of	59614
Job and Family Services and the Sinclair Community College shall	59615
comply with all TANF requirements, including reporting	59616
requirements and timelines, as specified in state and federal	59617
laws, federal regulations, state rules, and the Title IV-A state	59618
plan.	59619

APPALACHIAN WORKFORCE DEVELOPMENT AND JOB TRAINING

59620

From the foregoing appropriation item 600-689, TANF Block	59621
Grant, the Director of Job and Family Services shall provide up to	59622
$15,000,000 in each fiscal year to be awarded to the county	59623
departments of job and family services in the twenty-nine	59624
Appalachian counties, contingent upon passage of H.B. 6 of the	59625
124th General Assembly. These funds shall be used by the county	59626
departments of job and family services in coordination with the	59627
Governor's Office of Appalachia, the Governor's Regional Economic	59628
Office, and local development districts. These funds shall be	59629
used for the following activities: workforce development and	59630
supportive services; economic development; technology expansion,	59631
technical assistance, and training; youth job training;	59632
organizational development for workforce development partners; and	59633
improving existing technology centers, workforce development, job	59634
creation and retention, purchasing technology, and technology and	59635
technology infrastructure upgrades.	59636

As a condition on the use of these funds, each county	59637
department of job and family services shall submit a plan for the	59638
intended use of these funds to the Department of Job and Family	59639
Services. The plan shall also be reviewed by the Governor's Office	59640
of Appalachia, the Governor's Regional Economic Office, and local	59641
development districts. Also as a condition on the use of these	59642
funds, each county and contract agency shall acknowledge that	59643
these funds are a one-time allocation, not intended to fund	59644
services beyond September 30, 2002.	59645

In fiscal year 2002, the TANF allocation to each of the	59646
Appalachian counties shall not be less than the TANF allocation	59647
amount for fiscal year 2001, as allocated according to the	59648
methodology set forth in paragraph (I) of rule 5101-6-03 of the	59649
Administrative Code.	59650

The use of these funds shall comply with all TANF	59651
requirements, including reporting requirements and timelines, as	59652
specified in state and federal laws, federal regulations, state	59653
rules, and the Title IV-A state plan.	59654

CENTER FOR FAMILY AND CHILDREN

59655

Of the foregoing appropriation item 600-689, TANF Block	59656
Brant, $150,000 in fiscal year 2002 shall be provided to the	59657
Center for Family and Children.	59658

DYS COMPREHENSIVE STRATEGIES

59659

No later than July 15, 2001, the Director of Budget and	59660
Management shall transfer $5,000,000 in appropriation authority	59661
from appropriation item 600-689, TANF Block Grant, to Federal	59662
Special Revenue Fund 321 appropriation item 470-614, TANF Transfer	59663
- Comprehensive Strategies, in the Department of Youth Services.	59664
These funds shall be used by the Department of Youth Services to	59665
make grants to local communities to establish models of	59666
inter-system collaboration to prevent children from entering the	59667
juvenile justice system. In making the grants, the Department of	59668
Youth Services shall require that grantees use the funds only to	59669
plan, develop, or enhance collaborative models. Funds provided to	59670
grantees may not be used for any type of direct or purchased	59671
services. The Department of Youth Services shall comply with all	59672
TANF requirements, including reporting requirements and timelines,	59673
as specified in state and federal laws, federal regulations, state	59674
rules, and the Title IV-A state plan, and is responsible for	59675
payment of any adverse audit finding, final disallowance of	59676
federal financial participation, or other sanction or penalty	59677
issued by the federal government or other entity concerning these	59678
funds.	59679

TANF TRANSFER DOWN PAYMENT ASSISTANCE AND FAMILY SHELTER	59680
PROGRAM	59681

No later than July 15, 2001, the Director of Budget and	59682
Management shall transfer $5,200,000 in appropriation authority	59683
from appropriation item 600-689, TANF Block Grant, to	59684
appropriation item 195-497, CDBG Operating Match, in the	59685
Department of Development. No later than July 15, 2002, the	59686
Director of Budget and Management shall transfer $6,500,000 in	59687
appropriation authority from appropriation item 600-689, TANF	59688
Block Grant, to appropriation item 195-497, CDBG Operating Match,	59689
in the Department of Development. These funds shall be used to	59690
provide supportive services for low-income families related to	59691
housing or homelessness, including housing counseling; to provide	59692
grants to nonprofit organizations to assist families with incomes	59693
at or below 200 per cent of the federal poverty guidelines with	59694
down-payment assistance for homeownership, including the purchase	59695
of mobile homes; to provide emergency home repair funding for	59696
families with incomes at or below 200 per cent of the federal	59697
poverty guidelines; to provide operating support for family	59698
emergency shelter programs; and to provide emergency rent and	59699
mortgage assistance for families with incomes at or below 200 per	59700
cent of the federal poverty guidelines. The funds shall not be	59701
used to match federal funds. The Department of Development shall	59702
comply with all TANF requirements, including reporting	59703
requirements and timelines, as specified in state and federal	59704
laws, federal regulations, state rules, and the Title IV-A state	59705
plan, and is responsible for payment of any adverse audit finding,	59706
final disallowance of federal financial participation, or other	59707
sanction or penalty issued by the federal government or other	59708
entity concerning these funds.	59709

TANF FAMILY PLANNING

59710

The Director of Budget and Management shall transfer by	59711
intrastate voucher, no later than the fifteenth day of July of	59712
each fiscal year, cash from the General Revenue Fund,	59713
appropriation item 600-410, TANF State, to General Services Fund	59714
5C1 in the Department of Health, in an amount of $250,000 in each	59715
fiscal year for the purpose of family planning services for	59716
children or their families whose income is at or below 200 per	59717
cent of the official poverty guideline.	59718

TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

59719

From the foregoing appropriation items 600-410, TANF State;	59720
600-658, Child Support Collections; or 600-689, TANF Block Grant,	59721
or a combination of these appropriation items, no less than	59722
$369,040,735 in each fiscal year shall be allocated to county	59723
departments of job and family services as follows:	59724

Upon the request of the Department of Job and Family	59734
Services, the Director of Budget and Management may seek	59735
Controlling Board approval to increase appropriations in	59736
appropriation item 600-689, TANF Block Grant, provided sufficient	59737
Federal TANF Block Grant funds exist to do so, without any	59738
corresponding decrease in other appropriation items. The	59739
Department of Job and Family Services shall provide the Office of	59740
Budget and Management and the Controlling Board with documentation	59741
to support the need for the increased appropriation.	59742

All transfers of moneys from or charges against TANF Federal	59743
Block Grant awards for use in the Social Services Block Grant or	59744
the Child Care and Development Block Grant from either unobligated	59745
prior year appropriation authority in appropriation item 400-411,	59746
TANF Federal Block Grant, or 600-411, TANF Federal Block Grant, or	59747
from fiscal year 2002 and fiscal year 2003 appropriation authority	59748
in item 600-689, TANF Block Grant, shall be done ten days after	59749
the Department of Job and Family Services gives written notice to	59750
the Office of Budget and Management. The Department of Job and	59751
Family Services shall first provide the Office of Budget and	59752
Management with documentation to support the need for such	59753
transfers or charges for use in the Social Services Block Grant or	59754
in the Child Care and Development Block Grant.	59755

The Department of Job and Family Services shall in each	59756
fiscal year of the biennium transfer the maximum amount of funds	59757
from the federal TANF Block Grant to the federal Social Services	59758
Block Grant as permitted under federal law. Not later than July	59759
15, 2001, the Department of Job and Family Services shall draw	59760
$60,000,000 in receipts from TANF funds that were transferred into	59761
the Social Services Block Grant into State Special Revenue Fund	59762
5Q8, in the Office of Budget and Management. Not later than June	59763
1, 2002, the Director of Budget and Management shall determine the	59764
amount of funds in State Special Revenue Fund 5Q8 that is needed	59765
for the purpose of balancing the General Revenue Fund, and may	59766
transfer that amount to the General Revenue Fund. Not later than	59767
June 1, 2003, the Director of Budget and Management shall	59768
determine the amount of funds in State Special Revenue Fund 5Q8	59769
that is needed for the purpose of balancing the General Revenue	59770
Fund, and may transfer that amount to the General Revenue Fund.	59771
Any moneys remaining in State Special Revenue Fund 5Q8 on June 15,	59772
2003, shall be transferred not later than June 20, 2003, to Fund	59773
3V6, TANF Block Grant, in the Department of Job and Family	59774
Services.	59775

Before the thirtieth day of September of each fiscal year,	59776
the Department of Job and Family Services shall file claims with	59777
the United States Department of Health and Human Services for	59778
reimbursement for all allowable expenditures for services provided	59779
by the Department of Job and Family Services, or other agencies	59780
that may qualify for Social Services Block Grant funding pursuant	59781
to Title XX of the Social Security Act. The Department of Job and	59782
Family Services shall deposit, during each fiscal year, into Fund	59783
5E6, State Option Food Stamps, $6 million, into Fund 5P4, TANF	59784
Child Welfare, $7.5 million, into Fund 3W5, Health Care Services,	59785
$500,000, into Fund 3W8, Hippy Program, $62,500, and into Fund	59786
3W9, Adoption Connection, $50,000 and deposit in fiscal year 2002,	59787
into Fund 3W2, Title XX Vocational Rehabilitation, $600,000, into	59788
Fund 162 in the Department of Natural Resources, $7,885,349, and	59789
into Fund 3W3, Adult Special Needs, $4,720,227 and deposit in	59790
fiscal year 2003, into Fund 3W2, Title XX Vocational	59791
Rehabilitation, $897,052, into Fund 162 in the Department of	59792
Natural Resources, $8,058,715, and into Fund 3W3, Adult Special	59793
Needs, $4,720,227 in receipts from TANF Block Grant funds credited	59794
to the Social Services Block Grant. On verification of the	59795
receipt of the above revenue, the funds provided by these	59796
transfers shall be used as follows:	59797

WELLNESS

59824

The foregoing appropriation item 600-690, Wellness, shall be	59825
used by county departments of job and family services for teen	59826
pregnancy prevention programming. Local contracts shall be	59827
developed between county departments of job and family services	59828
and local family and children first councils for the	59829
administration of TANF funding for this program.	59830

Section 63.10. OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS

59831

The Department of Job and Family Services may use up to	59832
$4,500,000 of appropriation item 600-634, State Options Food	59833
Stamps (Fund 5E6), in each fiscal year of the biennium to support	59834
expenditures to the Ohio Association of Second Harvest Food Banks	59835
pursuant to the following criteria.	59836

As used in this section, "federal poverty guidelines" has the	59837
same meaning as in section 5101.46 of the Revised Code.	59838

The Department of Job and Family Services shall provide an	59839
annual grant of $4,500,000 in each of the fiscal years 2002 and	59840
2003 to the Ohio Association of Second Harvest Food Banks. In	59841
each fiscal year, the Ohio Association of Second Harvest Food	59842
Banks shall use $2,500,000 for the purchase of food products for	59843
the Ohio Food Program, of which up to $105,000 may be used for	59844
food storage and transport, and shall use $2,000,000 for the	59845
Agricultural Surplus Production Alliance Project. Funds provided	59846
for the Ohio Food Program shall be used to purchase food products	59847
and distribute those food products to agencies participating in	59848
the emergency food distribution program. No funds provided	59849
through this grant may be used for administrative expenses other	59850
than funds provided for food storage and transport. As soon as	59851
possible after entering into a grant agreement at the beginning of	59852
the fiscal year, the Department of Job and Family Services shall	59853
distribute the grant funds in one single payment. The Ohio	59854
Association of Second Harvest Food Banks shall develop a plan for	59855
the distribution of the food products to local food distribution	59856
agencies. Agencies receiving these food products shall ensure	59857
that individuals and families who receive any of the food products	59858
purchased with these funds have an income at or below 150 per cent	59859
of the federal poverty guidelines. The Department of Job and	59860
Family Services and the Ohio Association of Second Harvest Food	59861
Banks shall agree on reporting requirements to be incorporated	59862
into the grant agreement.	59863

The Ohio Association of Second Harvest Food Banks shall	59864
return any fiscal year 2002 funds from this grant remaining	59865
unspent on June 30, 2002, to the Department of Job and Family	59866
Services no later than November 1, 2002. The Ohio Association of	59867
Second Harvest Food Banks shall return any fiscal year 2003 funds	59868
from this grant remaining unspent on June 30, 2003, to the	59869
Department no later than November 1, 2003.	59870

Section 63.11. CHILD NUTRITION SERVICES

59871

The Department of Job and Family Services may use up to	59872
$900,000 in each fiscal year of appropriation item 600-634, State	59873
Option Food Stamps(Fund 5E6), to support Child Nutrition Services	59874
in the Department of Education. As soon as possible after the	59875
effective date of this section, the Department of Job and Family	59876
Services shall enter into an interagency agreement with the	59877
Department of Education to reimburse the 19 pilot programs that	59878
provide nutritional evening meals to adolescents 13 through 18	59879
years of age participating in educational or enrichment activities	59880
at youth development centers. Such funds shall not be used as	59881
matching funds. Eligibility and reporting guidelines shall be	59882
detailed in the interagency agreement.	59883

OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

59884

Of the foregoing appropriation item 600-634, State Option	59885
Food Stamps (Fund 5E6), the Department of Job and Family Services	59886
shall use up to $600,000 in each fiscal year to support	59887
expenditures of the Ohio Alliance of Boys and Girls Clubs to	59888
provide nutritional meals, snacks, and educational and enrichment	59889
services, including tutoring, homework assistance, and	59890
standardized achievement test preparation, to children	59891
participating in programs and activities operated by eligible Boys	59892
and Girls Clubs. The Ohio Alliance of Boys and Girls Clubs shall	59893
provide allowable services to Title XX eligible children.	59894

As soon as possible after entering into a grant agreement at	59895
the beginning of the fiscal year, the Department of Job and Family	59896
Services shall distribute the grant funds in one single payment.	59897
The Ohio Alliance of Boys and Girls Clubs shall return any fiscal	59898
year 2002 funds from this grant remaining unspent on June 30,	59899
2002, to the Department of Job and Family Services not later than	59900
November 1, 2002. The Ohio Alliance of Boys and Girls Clubs shall	59901
return any fiscal year 2003 funds from this grant remaining	59902
unspent on June 30, 2003, to the Department of Job and Family	59903
Services not later than November 1, 2003.	59904

Section 63.12. PRESCRIPTION DRUG REBATE FUND

59905

The foregoing appropriation item 600-692, Health Care	59906
Services, shall be used by the Department of Job and Family	59907
Services in accordance with section 5111.081 of the Revised Code.	59908

Section 63.13. MEDICAID PHARMACY SERVICES FOR NURSING HOME	59909
RESIDENTS	59910

(A) As used in this section:

59911

(1) "Nursing home" has the same meaning as in section	59912
3721.01 of the Revised Code.	59913

(2) "Pharmacy provider" has the same meaning as in rule	59914
5101:3-9-01 of the Administrative Code.	59915

(3) "Wholesale acquisition cost" is the cost of a particular	59916
drug estimated by the Department of Job and Family Services by	59917
periodic review of pricing information from drug wholesalers in	59918
this state, pharmaceutical manufacturers, and one or more pharmacy	59919
pricing update services.	59920

(B) During the first quarter of the biennium ending June 30,	59921
2003, a pharmacy provider shall be reimbursed for the pharmacy	59922
services provided to a Medicaid recipient who resides in a nursing	59923
home at a rate of the wholesale acquisition cost plus nine per	59924
cent plus any applicable dispensing fee. During each quarter of	59925
the biennium thereafter, the pharmacy provider shall be reimbursed	59926
for such services at a rate determined by comparing the provider's	59927
average monthly cost of providing such services in the immediately	59928
preceding quarter to the statewide average monthly cost of	59929
providing such services on March 31, 2001. The Department of Job	59930
and Family Services shall make the comparison at the end of each	59931
quarter of the biennium and shall take into account an adequate	59932
factor for inflation in the cost of drugs.	59933

If the provider's average monthly cost of such services in	59934
the quarter being examined is equal to or greater than the	59935
statewide average monthly cost of such services on March 31, 2001,	59936
the provider shall be reimbursed at a rate of the wholesale	59937
acquisition cost plus nine per cent plus any applicable dispensing	59938
fee. If the provider's average monthly cost of such services is	59939
less than the statewide average monthly cost of such services on	59940
March 31, 2001, the provider shall be reimbursed at a rate of the	59941
wholesale acquisition cost plus eleven per cent, plus any	59942
applicable dispensing fee, plus fifty per cent of the difference	59943
between the provider's average monthly cost of such services and	59944
the statewide average monthly cost of such services on March 31,	59945
2001.	59946

(C) A pharmacy provider may achieve a reduction in its	59947
average monthly cost of providing services to a Medicaid recipient	59948
who resides in a nursing home by providing consulting services to	59949
the physicians who prescribe drugs to the resident. These	59950
consulting services may include recommendations for eliminating	59951
unnecessary and duplicative drugs, modifying inefficient drug	59952
regimens, and implementing safe and cost-effective drug therapies.	59953

(D) The Department may adopt any rules it considers	59954
necessary to develop and administer this section. If rules are	59955
adopted, the rules shall be adopted in accordance with Chapter	59956
119. of the Revised Code.	59957

Section 63.14. ODJFS FUNDS

59958

AGENCY FUND GROUP

59959

The Agency Fund Group shall be used to hold revenues until	59960
the appropriate fund is determined or until they are directed to	59961
the appropriate governmental agency other than the Department of	59962
Job and Family Services. If it is determined that additional	59963
appropriation authority is necessary, such amounts are	59964
appropriated.	59965

HOLDING ACCOUNT REDISTRIBUTION GROUP

59966

The foregoing appropriation items 600-643, Refunds and Audit	59967
Settlements, and 600-644, Forgery Collections, Holding Account	59968
Redistribution Fund Group, shall be used to hold revenues until	59969
they are directed to the appropriate accounts or until they are	59970
refunded. If it is determined that additional appropriation	59971
authority is necessary, such amounts are appropriated.	59972

Section 63.15. SINGLE ALLOCATION FOR COUNTY DEPARTMENTS OF	59973
JOB AND FAMILY SERVICES	59974

Using the foregoing appropriation items 600-504, Non-TANF	59975
County Administration; 600-610, Food Stamps and State	59976
Administration; 600-410, TANF State; 600-689, TANF Block Grant;	59977
600-620, Social Services Block Grant; 600-552, County Social	59978
Services; 600-413, Day Care Match/Maintenance of Effort; 600-617,	59979
Day Care Federal; 600-534, Adult Protective Services; and 600-614,	59980
Refugees Services, the Department of Job and Family Services may	59981
establish a single allocation for county departments of job and	59982
family services that are subject to a partnership agreement	59983
between a board of county commissioners and the department under	59984
section 5101.21 of the Revised Code. The county department is not	59985
required to use all the money from one or more of the	59986
appropriation items listed in this paragraph for the purpose for	59987
which the specific appropriation item is made so long as the	59988
county department uses the money for a purpose for which at least	59989
one of the other of those appropriation items is made. The county	59990
department may not use the money in the allocation for a purpose	59991
other than a purpose any of those appropriation items are made. If	59992
the spending estimates used in establishing the single allocation	59993
are not realized and the county department uses money in one or	59994
more of those appropriation items in a manner for which federal	59995
financial participation is not available, the department shall use	59996
state funds available in one or more of those appropriation items	59997
to ensure that the county department receives the full amount of	59998
its allocation. The single allocation is the maximum amount the	59999
county department shall receive from those appropriation items.	60000

ADULT PROTECTIVE SERVICES

60001

The foregoing appropriation item 600-695, Adult Protective	60002
Services, shall be used to provide adult protective services in	60003
accordance with section 5101.62 of the Revised Code.	60004

NON-TANF ADULT ASSISTANCE

60005

The foregoing appropriation item 600-696, Non-TANF Adult	60006
Assistance, shall be used to provide funding for the Adult	60007
Emergency Assistance Program in accordance with section 5101.86 of	60008
the Revised Code.	60009

HIPPY PROGRAM

60010

The Department of Job and Family Services may use up to	60011
$62,500 of appropriation item 600-638, Hippy Program (Fund 3W8),	60012
in each fiscal year to support expenditures to the Hippy Program	60013
in Hamilton County. The Department of Job and Family Services and	60014
the Hippy Program shall agree on reporting requirements to be	60015
incorporated into the grant agreement.	60016

ADOPTION CONNECTION

60017

The Department of Job and Family Services may use up to	60018
$62,500 of appropriation item 600-640, Adoption Connection (Fund	60019
3W9), in each fiscal year to support expenditures to the Adoption	60020
Connection Program in Hamilton County. The Department of Job and	60021
Family Services and the Adoption Connection Program shall agree on	60022
reporting requirements to be incorporated into the grant	60023
agreement.	60024

Section 63.16. TRANSFER OF FUNDS

60025

The Department of Job and Family Services shall transfer	60026
through intrastate transfer vouchers, cash from State Special	60027
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and	60028
Community-Based Services, in the Ohio Department of Mental	60029
Retardation and Developmental Disabilities. The sum of the	60030
transfers shall equal $12,783,463 in fiscal year 2002 and	60031
$13,039,133 in fiscal year 2003. The transfer may occur on a	60032
quarterly basis or on a schedule developed and agreed to by both	60033
departments.	60034

The Department of Job and Family Services shall transfer,	60035
through intrastate transfer vouchers, cash from the State Special	60036
Revenue Fund 4J5, Home and Community-Based Services for the Aged,	60037
to Fund 4J4, PASSPORT, in the Department of Aging. The sum of the	60038
transfers shall be equal to the amounts appropriated in fiscal	60039
year 2002 and fiscal year 2003 in appropriation item 490-610,	60040
PASSPORT/Residential State Supplement. The transfer may occur on	60041
a quarterly basis or on a schedule developed and agreed to by both	60042
departments.	60043

TRANSFERS OF IMD/DSH CASH

60044

The Department of Job and Family Services shall transfer,	60045
through intrastate transfer voucher, cash from fund 5C9, Medicaid	60046
Program Support, to the Department of Mental Health's Fund 4X5,	60047
OhioCare, in accordance with an interagency agreement which	60048
delegates authority from the Department of Job and Family Services	60049
to the Department of Mental Health to administer specified	60050
Medicaid services.	60051

Section 63.17. CONSOLIDATION OF STATE GRANTS

60052

With the consent of a county, the Department of Job and	60053
Family Services may combine into a single and consolidated grant	60054
of state aid, funds that would otherwise be provided to that	60055
county pursuant to the operation of section 5101.14 of the Revised	60056
Code and other funds that would otherwise be provided to that	60057
county for the purpose of providing kinship care. In fiscal year	60058
2003, the grant shall also include unspent funds remaining from	60059
any grant provided to the county under this section in fiscal year	60060
2002.	60061

Funds contained in any such consolidation grant shall not be	60062
subject to either statutory or administrative rules that would	60063
otherwise govern allowable uses from such funds, except that such	60064
funds shall continue to be used by the county to meet the expenses	60065
of its children services program under Chapter 5153. of the	60066
Revised Code. Funds contained in a consolidation grant shall be	60067
paid to each county within thirty days after the beginning of each	60068
calendar quarter. Funds provided to a county under this section	60069
shall be deposited in the children services fund, established in	60070
section 5101.144 of the Revised Code, and shall be used for no	60071
other purpose than to meet the expenses of the children services	60072
program. Within ninety days after the end of fiscal year 2003,	60073
each county shall return to the Department of Job and Family	60074
Services any unspent balance in the consolidated grant, unless	60075
this section is renewed for a subsequent period of time.	60076

Section 63.18.  EMPLOYER SURCHARGE

60077

The surcharge and the interest on the surcharge amounts due	60078
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	60079
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	60080
118th General Assembly, and section 4141.251 of the Revised Code	60081
as it existed prior to Sub. H.B. 478 of the 122nd General	60082
Assembly, again shall be assessed and collected by, accounted for,	60083
and made available to the Department of Job and Family Services in	60084
the same manner as set forth in section 4141.251 of the Revised	60085
Code as it existed prior to Sub. H.B. 478 of the 122nd General	60086
Assembly, notwithstanding the repeal of the surcharge for calendar	60087
years after 1990, pursuant to Sub. H.B. 478 of the 122nd General	60088
Assembly, except that amounts received by the Director on or after	60089
July 1, 2001, shall be deposited into the special administrative	60090
fund established pursuant to section 4141.11 of the Revised Code.	60091

Effective July 1, 2001, the balance of the unemployment	60092
compensation surcharge trust funds created in custody of the	60093
Treasurer of State pursuant to section 4141.251 of the Revised	60094
Code shall be transferred into the special administrative fund	60095
established pursuant to section 4141.11 of the Revised Code.	60096

Section 63.19. OHIO ACCESS SUCCESS PROJECT

60097

(A) As used in this section, "nursing facility" has the same	60098
meaning as in section 5111.20 of the Revised Code.	60099

(B) To the extent funds are available as provided in this	60100
act, the Director of Job and Family Services may establish the	60101
Ohio Access Success Project to help Medicaid recipients make the	60102
transition from residing in a nursing facility to residing in a	60103
community setting. If the Director establishes the Project, the	60104
Director shall provide one-time benefits to not more than	60105
seventy-five Medicaid recipients in fiscal year 2002 and not more	60106
than one hundred twenty-five Medicaid recipients in fiscal year	60107
2003. To be eligible for benefits under the Project, a Medicaid	60108
recipient must satisfy all of the following requirements:	60109

(1) At the time of applying for the benefits, be a recipient	60110
of Medicaid-funded nursing facility care;	60111

(2) Have resided continuously in a nursing facility since at	60112
least January 1, 2000;	60113

(3) Need the level of care provided by nursing facilities;

60114

(4) Need benefits whose projected cost does not exceed	60115
eighty per cent of the average monthly Medicaid cost of individual	60116
Medicaid recipients' nursing facility care.	60117

(C) If the Director of Job and Family Services establishes	60118
the Ohio Access Success Project, the benefits provided under the	60119
Project may include payment of all of the following:	60120

(1) The first month's rent in a community setting;

60121

(2) Rental deposits;

60122

(3) Utility deposits;

60123

(4) Moving expenses;

60124

(5) Other expenses not covered by the Medicaid program that	60125
facilitate a Medicaid recipient's move from a nursing facility to	60126
a community setting.	60127

(D) No person may receive more than two thousand dollars	60128
worth of benefits under the Ohio Access Success Project.	60129

Section 63.20. FUNDING FOR HABILITATIVE SERVICES

60130

Notwithstanding any limitations contained in sections 5112.31	60131
and 5112.37 of the Revised Code, in each fiscal year, cash from	60132
State Special Revenue Fund 4K1, ICF/MR Bed Assessments, in excess	60133
of the amounts needed for transfers to Fund 4K8 may be used by the	60134
Department of Job and Family Services to cover costs of care	60135
provided to participants in the Ohio Home Care Waiver or in a	60136
waiver administered by the Department under the section titled	60137
"MR/DD Waiver Redesign". Expenses to be paid from this fund by	60138
the Department of Job and Family Services shall be limited to	60139
costs for habilitative services for individuals who are not	60140
determined to be eligible for county board of MR/DD services, and	60141
who require a level of care that is routinely provided through	60142
intermediate care facilities for the mentally retarded or through	60143
ICF/MR waivers administered by the Department of Mental	60144
Retardation and Developmental Disabilities.	60145

Section 63.21. FUNDING FOR INSTITUTIONAL FACILITY AUDITS AND	60146
THE OHIO ACCESS SUCCESS PROJECT	60147

Notwithstanding any limitations in sections 3721.51 and	60148
3721.56 of the Revised Code, in each fiscal year, cash from the	60149
State Special Revenue Fund 4J5, Home and Community-Based Services	60150
for the Aged, in excess of the amounts needed for the transfers	60151
may be used by the Department of Job and Family Services for the	60152
following purposes: (A) up to $1.0 million in each fiscal year to	60153
fund the state share of audits of Medicaid cost reports filed with	60154
the Department of Job and Family Services by nursing facilities	60155
and intermediate care facilities for the mentally retarded; and	60156
(B) up to $150,000 in fiscal year 2002 and up to $250,000 in	60157
fiscal year 2003 to provide one-time transitional benefits under	60158
the Ohio Access Success Project that the Director of Job and	60159
Family Services may establish under the section of this act titled	60160
"Ohio Access Success Project."	60161

Section 63.22. MR/DD WAIVER REDESIGN

60162

(A) The Director of Job and Family Services may submit a	60163
request to the United States Secretary of Health and Human	60164
Services pursuant to section 1915 of the "Social Security Act," 79	60165
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a	60166
Medicaid home and community-based services waiver program, or	60167
modify a current Medicaid home and community-based services waiver	60168
program, to serve individuals with mental retardation or a	60169
developmental disability who meet all of the following	60170
requirements:	60171

(1) Need the level of care provided by intermediate care	60172
facilities for the mentally retarded;	60173

(2) Need habilitation services;

60174

(3) Are enrolled in the Ohio Home Care Waiver Program on	60175
June 30, 2001;	60176

(4) Are transferred from the Ohio Home Care Waiver Program to	60177
the new or modified home and community-based services waiver	60178
program.	60179

(B) If the United States Secretary of Health and Human	60180
Services grants a waiver request submitted under division (A) of	60181
this section, the Director of Job and Family Services may create a	60182
new, or modify an existing, home and community-based services	60183
waiver program in accordance with the waiver. The new or modified	60184
waiver program shall specify the maximum amount that the program	60185
may spend per individual enrolled in the program.	60186

(C) The Director of Job and Family Services may reduce the	60187
maximum number of individuals the Ohio Home Care Waiver Program	60188
may serve by the number of individuals transferred from that	60189
program to the new or modified home and community-based services	60190
waiver program provided for by this section.	60191

(D) The Department of Job and Family Services may	60192
administer the new or modified home and community-based services	60193
waiver program provided for by this section or enter into an	60194
interagency agreement with the Department of Mental Retardation	60195
and Developmental Disabilities to administer the waiver program	60196
under the Department of Job and Family Services' supervision. Such	60197
interagency agreement shall specify the maximum number of	60198
individuals who may be transferred from the Ohio Home Care Waiver	60199
Program to the new, or modified, waiver program and the estimated	60200
cost of services under the new, or modified, waiver program to the	60201
transferred individuals. The departments may not enter into the	60202
interagency agreement without approval of the Director of Budget	60203
and Management. If the departments enter into the interagency	60204
agreement, the Director of Budget and Management may reduce the	60205
amount of the appropriation in line item 600-525, Health	60206
Care/Medicaid, by the estimated cost specified in the interagency	60207
agreement. If the Director makes the reduction, the state share	60208
of the estimated costs are appropriated to the Department of	60209
Mental Retardation and Developmental Disabilities in a new	60210
appropriation item that shall be established for this purpose. The	60211
Director of Budget and Management may increase the appropriation	60212
in appropriation item 322-639, Medicaid Waiver, by the	60213
corresponding non-GRF federal share of the estimated costs.	60214

Section 63.23. MEDICALLY FRAGILE WAIVER REDESIGN

60215

(A) The Director of Job and Family Services may submit a	60216
request to the United States Secretary of Health and Human	60217
Services pursuant to section 1915 of the "Social Security Act," 79	60218
Stat. 286 (1965), 42 U.S.C.A. 1396n, as amended, to create a	60219
Medicaid home and community-based services waiver program, or	60220
modify a current Medicaid home and community-based services waiver	60221
program, to serve medically fragile individuals who meet all of	60222
the following requirements:	60223

(1) Need a skilled level of care as defined in rule	60224
5101:3-3-05 of the Administrative Code;	60225

(2) Are enrolled in the Ohio Home Care Waiver Program on June	60226
30, 2001, or, as limited by division (D) of this section, after	60227
that date;	60228

(3) Are transferred from the Ohio Home Care Waiver Program	60229
to the new or modified home and community-based services waiver	60230
program.	60231

(B) If the United States Secretary of Health and Human	60232
Services grants a waiver request submitted under division (A) of	60233
this section, the Director of Job and Family Services may create a	60234
new, or modify an existing, home and community-based services	60235
waiver program in accordance with the waiver. The new or modified	60236
waiver program shall specify the maximum amount that the program	60237
may spend per individual enrolled in the program. The Department	60238
of Job and Family Services shall administer the waiver program.	60239

(C) The Director of Job and Family Services may reduce the	60240
maximum number of individuals the Ohio Home Care Waiver Program	60241
may serve by the number of individuals transferred from that	60242
program to the new or modified home and community-based services	60243
waiver program provided for by this section.	60244

(D) No more than a number, approved by the Director of	60245
Budget and Management, of individuals who enroll in the Ohio Home	60246
Care Waiver Program after June 30, 2001, may transfer to the new	60247
or modified waiver program provided for by this section.	60248

Section 63.24. MEDICAID WAIVER

60249

(A) With the assistance of the Department of Mental Health	60250
and after consulting with community mental health facilities that	60251
provide mental health services included in the state Medicaid plan	60252
pursuant to section 5111.022 of the Revised Code and with the	60253
chairpersons and ranking minority members of the House of	60254
Representatives Health and Family Services Committee and the	60255
Senate Health, Human Services, and Aging Committee, the Department	60256
of Job and Family Services shall develop and submit to the Health	60257
Care Financing Administration of the United States Department of	60258
Health and Human Services an application for a waiver under which	60259
any of the federal Medicaid statutes and regulations that are	60260
subject to being waived may be waived as necessary for purposes of	60261
better ensuring both of the following:	60262

(1) That Medicaid coverage and payment methods for mental	60263
health services provided under section 5111.022 of the Revised	60264
Code are consistent with the service priorities established	60265
pursuant to Chapters 340. and 5119. of the Revised Code;	60266

(2) That the services provided under section 5111.022 of the	60267
Revised Code can be provided in a manner that maximizes the	60268
effectiveness of resources available to the Department of Mental	60269
Health and boards of alcohol, drug addiction, and mental health	60270
services.	60271

(B) The actions taken by the Department of Mental Health and	60272
Department of Job and Family Services to develop and submit the	60273
application for the waiver specified in division (A) of this	60274
section shall be taken in a manner that allows the provisions of	60275
the waiver to be implemented not later than July 1, 2002.	60276

Section 63.25. REFUND OF SETS PENALTY

60277

The Department of Job and Family Services shall notify the	60278
Controlling Board immediately on receipt of any refunds for	60279
penalties that were paid directly or indirectly by the state for	60280
the Support Enforcement Tracking System (SETS). Any and all	60281
refunds received for such penalties shall be deposited in their	60282
entirety to the General Revenue Fund.	60283

Section 63.26. As used in this section, "Medicaid waiver	60284
component" has the same meaning as in section 5111.85 of the	60285
Revised Code.	60286

A rule adopted by the Director of Job and Family Services	60287
governing a Medicaid waiver component that is in effect on the	60288
effective date of this section shall remain in effect until	60289
amended or rescinded as part of the adoption of rules under	60290
section 5111.85 of the Revised Code.	60291

The rule of this act that items in uncodified sections do not	60292
have effect after June 30, 2003, does not apply to this section.	60293

Section 63.27. The Health Care Compliance Fund created by	60294
section 5111.171 of the Revised Code is the same fund as the	60295
Health Care Compliance Fund created by the Controlling Board in	60296
October 1998.	60297

Section 63.28. Not later than February 28, 2002, the Director	60298
of Job and Family Services shall submit to the United States	60299
Secretary of Health and Human Services an amendment to the state	60300
Medicaid Plan to provide for the Department of Job and Family	60301
Services to continue the Program of All-Inclusive Care for the	60302
Elderly, known as PACE, in accordance with 42 U.S.C. 1396u-4. The	60303
Director may submit to the United States Secretary of Health and	60304
Human Services application for program agreements to operate the	60305
PACE program in accordance with 42 U.S.C. 1396u-4. The Director	60306
shall consider and, in the absence of just cause for refusal,	60307
shall give preference to, Condordia Care and TriHealth Senior	60308
Link, when determining the entities for which the first two PACE	60309
applications shall be submitted. The Director may submit to the	60310
United States Secretary a request to transfer the day-to-day	60311
administration of PACE to the Department of Aging. If the United	60312
States Secretary approves the amendment, the Directors of Job and	60313
Family Services and Aging may enter into an interagency agreement	60314
under section 5111.86 of the Revised Code to transfer	60315
responsibility for the day-to-day administration of PACE from the	60316
Department of Job and Family Services to the Department of Aging.	60317
The interagency agreement is subject to the approval of the	60318
Director of Budget and Management and shall include an estimated	60319
cost of services to be provided under PACE and an estimated cost	60320
for the administrative duties assigned by the agreement to the	60321
Department of Aging.	60322

If the Directors of Job and Family Services and Aging enter	60323
into the interagency agreement, the Director of Budget and	60324
Management shall reduce the amount in appropriation item 600-525,	60325
Health Care/Medicaid, by the estimated costs of PACE services and	60326
an estimated cost for the administrative duties assigned by the	60327
agreement to the Department of Aging included in the interagency	60328
agreement. If the Director of Budget and Management makes the	60329
reduction, the state and federal share of the estimated costs of	60330
PACE services and administration is hereby appropriated to the	60331
Department of Aging. The Director of Budget and Management shall	60332
establish a new appropriation item for the appropriation.	60333

Section 63.29. (A) The authority of the Director of Job and	60334
Family Services under section 5111.02 of the Revised Code to adopt	60335
a rule excluding drugs for the treatment of obesity from coverage	60336
under the Medicaid program is revoked. Therefore, the Director	60337
shall rescind paragraph (D)(1) of rule 5101:3-9-03 of the	60338
Administrative Code. Paragraph (D)(1) of rule 5101:3-9-03 of the	60339
Administrative Code is suspended pending the rescission. This	60340
division does not require the Medicaid program to cover drugs for	60341
the treatment of obesity.	60342

The rule of this act that items in uncodified sections do not	60343
have effect after June 30, 2003, does not apply to this division.	60344

(B) Not later than six months after the effective date of	60345
this section, the Director of Job and Family Services shall	60346
complete an evaluation and issue a report on whether the Medicaid	60347
program should cover anti-obesity agents that have been approved	60348
by the United States Food and Drug Administration for the	60349
treatment of obesity and obesity's related co-morbidities. At a	60350
minimum, the evaluation shall consider the safety, efficacy, and	60351
cost-effectiveness of having the Medicaid program cover such	60352
anti-obesity agents. The Director shall submit the report to the	60353
chairperson and ranking minority member of the House of	60354
Representatives Finance and Appropriations Committee and the	60355
chairperson and ranking minority member of the Senate Finance and	60356
Financial Institutions Committee.	60357

Section 63.30. CHILD PROTECTIVE SERVICES

60358

Of the foregoing appropriation item 600-527, Child Protective	60359
Services, $15,000 in each fiscal year shall be provided to the	60360
Children's Advocacy Center in Portage County.	60361

Of the foregoing appropriation item 600-527, Child Protective	60362
Services, $750,000 in fiscal year 2002 and $1,000,000 in fiscal	60363
year 2003 shall be used as state matching funds for independent	60364
living services under the John H. Chafee Foster Care Independence	60365
Program.	60366

Section 63.31. The Director of Job and Family Services may	60367
apply to the United States Secretary of Health and Human Services	60368
for approval to increase the number of slots for the Individual	60369
Options Medicaid home and community-based services waiver program	60370
as follows:	60371

(A) For fiscal year 2002, that the waiver program have at	60372
least five hundred more slots than the waiver program had in	60373
fiscal year 2001;	60374

(B) For fiscal year 2003, that the waiver program have at	60375
least five hundred more slots than the waiver program had in	60376
fiscal year 2002.	60377

Section 63.32. PREFERRED OPTION EVALUATION

60378

The Director of Job and Family Services shall evaluate the	60379
Medicaid managed care enrollment alternative known as Preferred	60380
Option. As part of the evaluation, the Director shall examine	60381
whether Preferred Option should be expanded to additional	60382
counties. Not later than June 30, 2003, the Director shall submit	60383
a report on the evaluation to the Governor, Speaker of the House	60384
of Representatives, and President of the Senate. The Director	60385
shall include in the report any findings made pursuant to the	60386
evaluation, including the Director's conclusions as to whether	60387
Preferred Option should be expanded to additional counties. The	60388
Director may not expand Preferred Option to any additional county	60389
before the Director submits the report.	60390

Section 63.33. (A) The Director of Job and Family Services	60392
shall continue operations through each of the local public	60393
employment offices described in section 4141.04 of the Revised	60394
Code that exist on the effective date of this section until	60395
January 1, 2002.	60396

(B) The Director shall present a detailed report to the	60397
members of the Finance and Appropriations Committee of the House	60398
of Representatives and of the Finance and Financial Institutions	60399
Committee of the Senate on or before October 1, 2001, that	60400
describes the Director's plan to cease the Department of Job and	60401
Family Services operations at the offices described in division	60402
(A) of this section and instead commence operations at telephone	60403
registration centers, mail claims centers, and one-stop employment	60404
centers. The report shall include all of the following	60405
information:	60406

(1) A description of plans to employ personnel for telephone	60407
registration centers and mail claims centers, including plans to	60408
possibly reassign personnel employed at the offices described in	60409
division (A) of this section to the telephone registration	60410
centers, mail claims centers, or one-stop employment centers, and	60411
a description of model plans and actual plans detailing the manner	60412
in which personnel would be employed in each telephone	60413
registration center, mail claims center, or one-stop employment	60414
center;	60415

(2) A fiscal analysis of the impact of the transition,	60416
including all of the following information that is presented in a	60417
manner so that the costs described in division (B)(2)(a) of this	60418
section can be readily compared to the costs described in division	60419
(B)(2)(b) of this section:	60420

(a) The cost of operating the existing offices described in	60421
division (A) of this section, including the costs for	60422
administration, facilities, and employing personnel;	60423

(b) The number of proposed telephone registration centers	60424
and mail claims centers and the projected operational costs of	60425
those centers, including, but not limited to, the cost of	60426
employing personnel for those centers, the administrative overhead	60427
costs of those centers, the initial costs to establish those	60428
centers, the long-term costs of maintaining those centers, and the	60429
cost of renting facilities for those centers, if rental is	60430
necessary.	60431

(3) The estimated cost projections of the initial start-up	60432
costs of transitioning from the existing offices described in	60433
division (A) of this section to the telephone registration	60434
centers, mail claims centers, and one-stop employment centers and	60435
the long-term operational costs of both operating those centers	60436
and assisting in providing personnel to staff the one-stop	60437
employment centers;	60438

(4) Funding projections that clearly indicate the amount of	60439
funding expected from federal, state, and local sources for the	60440
transition, and for maintaining the telephone registration centers	60441
and mail claims centers, and for assisting in providing personnel	60442
to staff the one-stop employment centers, with the amounts from	60443
each source stated separately;	60444

(5) Steps that the Director plans to take to assist local	60445
communities in improving services at one-stop employment centers	60446
so that service to unemployed individuals, other job seekers, and	60447
employers is not interrupted.	60448

(C) It is the intention of the General Assembly that during	60449
the period beginning on the effective date of this section and	60450
ending on January 1, 2002, the Director be strongly encouraged to	60451
negotiate with boards of county commissioners, local workforce	60452
policy boards, and other interested local officials in developing	60453
a plan to transfer operations from the offices described in	60454
division (A) of this section to telephone registration centers,	60455
mail claims centers, and one-stop employment centers. It is also	60456
the intention of the General Assembly that those negotiations	60457
include a process for agreeing to the division of resources and	60458
the allocation of costs between the Department of Job and Family	60459
Services, boards of county commissioners, and local workforce	60460
policy boards.	60461

Section 63.34. CHILD AND FAMILY SERVICES ACTIVITIES

60462

Of the foregoing appropriation item 600-427, Child and Family	60463
Services Activities, $10,000 in each fiscal year shall be provided	60464
to the Parmadale Children's Home.	60465

Of the foregoing appropriation item 600-427, Child and Family	60466
Services Activities, $10,000 in each fiscal year shall be provided	60467
to the Berea Children's Home.	60468

Section 63.35. (A) As used in this section:

60469

(1) "Medicaid days" means all days during which a resident	60470
who is a Medicaid recipient occupies a bed in a nursing facility	60471
that is included in the facility's certified capacity under Title	60472
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	60473
1396, as amended. Therapeutic or hospital leave days for which	60474
payment is made under section 5111.33 of the Revised Code are	60475
considered Medicaid days proportionate to the percentage of the	60476
nursing facility's per resident per day rate paid for those days.	60477

(2) "Nursing facility" has the same meaning as in section	60478
5111.20 of the Revised Code.	60479

(3) "Total per diem rate" includes the payments made to	60480
nursing facilities under division (B)(3) of the section of this	60481
act titled "Nursing Facility Stabilization Fund."	60482

(B) Notwithstanding sections 5111.20 to 5111.32 of the	60483
Revised Code, rates paid to nursing facilities under the Medicaid	60484
program shall be subject to the following limitations:	60485

(1) For fiscal year 2002, the mean total per diem rate for	60486
all nursing facilities in the state, weighted by Medicaid days and	60487
calculated as of July 1, 2001, under sections 5111.20 to 5111.32	60488
of the Revised Code, shall not exceed $143.92.	60489

(2) For fiscal year 2003, the mean total per diem rate for	60490
all nursing facilities in the state, weighted by Medicaid days and	60491
calculated as of July 1, 2002, under sections 5111.20 to 5111.32	60492
of the Revised Code, shall not exceed $152.66, plus any difference	60493
between $143.92 and the mean total per diem rate for all nursing	60494
facilities in the state for fiscal year 2002, weighted by Medicaid	60495
days and calculated as of July 1, 2001, under sections 5111.20 to	60496
5111.32 of the Revised Code.	60497

(3) If the mean total per diem rate for all nursing	60498
facilities in the state for fiscal year 2002 or 2003, weighted by	60499
Medicaid days and calculated under sections 5111.20 to 5111.32 of	60500
the Revised Code as of the first day of July of the calendar year	60501
in which the fiscal year begins, exceeds the amount specified for	60502
that fiscal year in division (B)(1) or (2) of this section, the	60503
Department of Job and Family Services shall reduce the total per	60504
diem rate for each nursing facility in the state by a percentage	60505
that is equal to the percentage by which the mean total per diem	60506
rate exceeds the amount specified in division (B)(1) or (2) of	60507
this section for that fiscal year.	60508

(4) Subsequent to any reduction required by division (B)(1),	60509
(2), or (3) of this section, a nursing facility's rate shall be	60510
subject to any adjustments required or authorized by sections	60511
5111.20 to 5111.32 of the Revised Code during the remainder of the	60512
fiscal year.	60513

(C) Except as follows, the Department of Job and Family	60514
Services shall continue to implement rules adopted under sections	60515
5111.02 and 5111.20 to 5111.32 of the Revised Code regarding	60516
Medicaid payments to nursing facilities that are in effect on the	60517
effective date of this section:	60518

(1) The Department shall not continue to implement a rule	60519
that is inconsistent with this act, but shall instead implement	60520
this act.	60521

(2) The Department may adopt, amend, or rescind rules under	60522
sections 5111.02 and 5111.20 to 5111.32 of the Revised Code as	60523
provided by those sections to the extent those sections are	60524
consistent with this act.	60525

Section 63.36. (A) Notwithstanding division (Q)(1) of	60526
section 5111.20 of the Revised Code, when calculating indirect	60527
care costs for the purpose of establishing rates under section	60528
5111.24 or 5111.241 of the Revised Code for fiscal year 2002, "per	60529
diem," as used in sections 5111.20 to 5111.32 of the Revised Code,	60530
means a nursing facility's or intermediate care facility for the	60531
mentally retarded's actual, allowable indirect care costs in the	60532
cost reporting period divided by the greater of the facility's	60533
inpatient days for that period or the number of inpatient days the	60534
facility would have had during that period if its occupancy rate	60535
had been eighty-two per cent.	60536

(B) Notwithstanding division (Q)(1) of section 5111.20 of	60537
the Revised Code, when calculating indirect care costs for the	60538
purpose of establishing rates under section 5111.24 or 5111.241 of	60539
the Revised Code for fiscal year 2003, "per diem," as used in	60540
sections 5111.20 to 5111.32 of the Revised Code, means a nursing	60541
facility's or intermediate care facility for the mentally	60542
retarded's actual, allowable indirect care costs in the cost	60543
reporting period divided by the greater of the facility's	60544
inpatient days for that period or the number of inpatient days the	60545
facility would have had during that period if its occupancy rate	60546
had been eighty-seven per cent.	60547

(C) Notwithstanding division (Q)(2) of section 5111.20 of	60548
the Revised Code, when calculating capital costs for the purpose	60549
of establishing rates under section 5111.25 or 5111.251 of the	60550
Revised Code for fiscal year 2002, "per diem," as used in sections	60551
5111.20 to 5111.32 of the Revised Code, means a nursing facility's	60552
or intermediate care facility for the mentally retarded's actual,	60553
allowable capital costs in the cost reporting period divided by	60554
the greater of the facility's inpatient days for that period or	60555
the number of inpatient days the facility would have had during	60556
that period if its occupancy rate had been eighty-eight per cent.	60557

(D) Notwithstanding division (Q)(2) of section 5111.20 of	60558
the Revised Code, when calculating capital costs for the purpose	60559
of establishing rates under section 5111.25 or 5111.251 of the	60560
Revised Code for fiscal year 2003, "per diem," as used in sections	60561
5111.20 to 5111.32 of the Revised Code, means a nursing facility's	60562
or intermediate care facility for the mentally retarded's actual,	60563
allowable capital costs in the cost reporting period divided by	60564
the greater of the facility's inpatient days for that period or	60565
the number of inpatient days the facility would have had during	60566
that period if its occupancy rate had been ninety-one per cent.	60567

(E) As soon as practicable, the Department of Job and Family	60568
Services shall follow this section for the purpose of calculating	60569
nursing facilities' and intermediate care facilities for the	60570
mentally retarded's Medicaid reimbursement rates for indirect care	60571
and capital costs for fiscal years 2002 and 2003. If the	60572
Department is unable to calculate the rates before it makes	60573
payments for services provided during fiscal year 2002 or 2003,	60574
the Department shall pay a nursing facility or intermediate care	60575
facility for the mentally retarded the difference between the	60576
amount it pays the facility and the amount that would have been	60577
paid had the Department made the calculation in time.	60578

Section 63.37. NURSING FACILITY STABILIZATION FUND

60579

(A) As used in this section:

60580

(1) "Inpatient days" and "nursing facility" have the same	60581
meanings as in section 5111.20 of the Revised Code.	60582

(2) "Medicaid day" means all days during which a resident	60583
who is a Medicaid recipient occupies a bed in a nursing facility	60584
that is included in the facility's certified capacity under Title	60585
XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A.	60586
1396, as amended. Therapeutic or hospital leave days for which	60587
payment is made under section 5111.33 of the Revised Code are	60588
considered Medicaid days proportionate to the percentage of the	60589
nursing facility's per resident per day rate paid for those days.	60590

(B) The Department of Job and Family Services shall use	60591
money in the Nursing Facility Stabilization Fund created under	60592
section 3721.56 of the Revised Code to do all of the following:	60593

(1) Make payments to nursing facilities under sections	60594
5111.20 to 5111.32 of the Revised Code;	60595

(2) Beginning with payments made to nursing facilities in	60596
August 2001, make payments to each nursing facility for each	60597
Medicaid day in fiscal years 2002 and 2003 in an amount equal to	60598
sixty-nine and seven-tenths per cent of the franchise permit fee	60599
the nursing facility pays under section 3721.53 of the Revised	60600
Code for the fiscal year the department makes the payment divided	60601
by the nursing facility's inpatient days for the calendar year	60602
preceding the calendar year in which that fiscal year begins;	60603

(3) Beginning with payments made to nursing facilities in	60604
August 2001, make payments to each nursing facility that pays the	60605
franchise permit fee under section 3721.53 of the Revised Code for	60606
fiscal years 2002 and 2003 in an amount equal to one dollar and	60607
fifty cents per Medicaid day to assist the nursing facilities in	60608
paying reasonable Medicaid-related costs that are not adequately	60609
reimbursed under sections 5111.20 to 5111.32 of the Revised Code.	60610

(C) Any money remaining in the Nursing Facility	60611
Stabilization Fund after payments specified in division (B) of	60612
this section are made for fiscal years 2002 and 2003 shall be	60613
retained in the fund. Any interest or other investment proceeds	60614
earned on money in the fund shall be credited to the fund and used	60615
to make payments in accordance with division (B) of this section.	60616

(D) Notwithstanding division (N) of section 5111.20 of the	60617
Revised Code, the Department of Job and Family Services, in making	60618
Medicaid payments to a nursing facility under sections 5111.20 to	60619
5111.32 of the Revised Code, shall exclude from a nursing	60620
facility's other protected costs the cost of sixty-nine and	60621
seven-tenths per cent of the franchise permit fee that the nursing	60622
facility pays under section 3721.53 of the Revised Code for fiscal	60623
years 2002 and 2003 if the nursing facility receives payments	60624
under division (B)(2) of this section for sixty-nine and	60625
seven-tenths per cent of those franchise permit fees.	60626

Section 63.38. NURSING FACILITY REIMBURSEMENT STUDY COUNCIL

60627

During fiscal years 2002 and 2003, the Nursing Facility	60628
Reimbursement Study Council shall examine and report to the	60629
Governor, the Speaker of the House of Representatives, and the	60630
President of the Senate its activities, findings, and	60631
recommendations concerning at least all of the following:	60632

(1) The use of imputed occupancy factors in calculating	60633
reimbursement rates;	60634

(2) The identification and quantification of costs that vary	60635
with occupancy and costs that do not vary with occupancy;	60636

(3) Specific elements of the reimbursement formula that	60637
contribute to or detract from facility efficiency, including	60638
appropriate methods of defining and measuring efficiency;	60639

(4) The inclusion or exclusion of direct-care costs and	60640
case-mix scores for classes of facility residents the Council	60641
identifies from case-mix calculations and the effect of those	60642
inclusions or exclusions on direct care of residents;	60643

(5) Whether the return on equity provision in the	60644
reimbursement formula should remain;	60645

(6) The use of depreciation recapture in the case of	60646
transfers of nursing facilities;	60647

(7) The amount of time that elapses between when a facility	60648
incurs costs for wage increases or other expenditure and when	60649
those costs are included in the reimbursement rate;	60650

(8) The percentage of capital costs that are not included in	60651
the reimbursement rate;	60652

(9) The percentage of purchased nursing costs that are not	60653
included in the reimbursement rate.	60654

Section 63.39. The Department of Mental Retardation and	60655
Developmental Disabilities shall arrange for a study to be	60656
completed no later than January 1, 2003, of the implications of	60657
the "Health Insurance Portability and Accountability Act of 1996,"	60658
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as	60659
amended, on payment systems for Medicaid-funded services to	60660
individuals with mental retardation or other developmental	60661
disability, including the Multi-Agency Community Services	60662
Information System and similar payment systems. The study shall	60663
include consideration of the feasibility of a payment system under	60664
which a county board of mental retardation and developmental	60665
disabilities pays claims directly to persons and government	60666
entities under contract with the county board to provide	60667
Medicaid-funded services to individuals with mental retardation or	60668
other developmental disability.	60669

The Department shall contract with a person to administer an	60670
individual assessment instrument to a representative sample of	60671
individuals receiving or eligible to receive home and	60672
community-based services provided under a Medicaid component the	60673
Department administers under section 5111.871 of the Revised Code.	60674
The assessment instrument shall be identical or similar in design	60675
to the New York Developmental Disabilities Profile as developed by	60676
the New York Office of Mental Retardation and Developmental	60677
Disabilities. The purpose of the contract is to collect data	60678
necessary for constructing a statewide individual assessment	60679
instrument capable of reliably assessing an individual's needs	60680
that the Department is required to provide to the Department of	60681
Job and Family Services under division (A)(2) of section 5111.873	60682
of the Revised Code.	60683

Section 64.  JCO JUDICIAL CONFERENCE OF OHIO

60684

General Revenue Fund

60685

General Services Fund Group

60688

STATE COUNCIL OF UNIFORM STATE LAWS

60692

Notwithstanding section 105.26 of the Revised Code, of the	60693
foregoing appropriation item 018-321, Operating Expenses, up to	60694
$60,000 in fiscal year 2002 and up to $63,000 in fiscal year 2003	60695
may be used to pay the expenses of the State Council of Uniform	60696
State Laws, including membership dues to the National Conference	60697
of Commissioners on Uniform State Laws.	60698

OHIO JURY INSTRUCTIONS FUND

60699

The Ohio Jury Instructions Fund (Fund 403) shall consist of	60700
grants, royalties, dues, conference fees, bequests, devises, and	60701
other gifts received for the purpose of supporting costs incurred	60702
by the Judicial Conference of Ohio in dispensing education and	60703
informational data to the state's judicial system. Fund 403 shall	60704
be used by the Judicial Conference of Ohio to pay expenses	60705
incurred in dispensing educational and informational data to the	60706
state's judicial system. All moneys accruing to Fund 403 in	60707
excess of $200,000 in fiscal year 2002 and in excess of $200,000	60708
in fiscal year 2003 are hereby appropriated for the purposes	60709
authorized.	60710

No money in the Ohio Jury Instructions Fund shall be	60711
transferred to any other fund by the Director of Budget and	60712
Management or the Controlling Board.	60713

Section 65.  JSC THE JUDICIARY/SUPREME COURT

60714

General Revenue Fund

60715

General Services Fund Group

60721

State Special Revenue Fund Group

60724

Federal Special Revenue Fund Group

60729

LAW-RELATED EDUCATION

60733

The foregoing appropriation item 005-406, Law-Related	60734
Education, shall be distributed directly to the Ohio Center for	60735
Law-Related Education for the purposes of providing continuing	60736
citizenship education activities to primary and secondary	60737
students, expanding delinquency prevention programs, increasing	60738
activities for at-risk youth, and accessing additional public and	60739
private money for new programs.	60740

OHIO COMMISSION FOR LEGAL EDUCATION OPPORTUNITY

60741

The foregoing appropriation item 005-502, Commission for	60742
Legal Education Opportunity, shall be used to fund the activities	60743
of the Commission for Legal Education Opportunity created by the	60744
Chief Justice of the Supreme Court of Ohio for the purpose of	60745
assisting minority, low-income, and educationally disadvantaged	60746
college graduates in the transition to legal education. Moneys	60747
appropriated to the Commission for Legal Education Opportunity may	60748
be used to establish and provide an intensive course of study	60749
designed to prepare eligible college graduates for law school	60750
education, provide annual stipends for students who successfully	60751
complete the course of study and are admitted to and maintain	60752
satisfactory academic standing in an Ohio law school, and pay the	60753
administrative costs associated with the program.	60754

CONTINUING JUDICIAL EDUCATION

60755

The Continuing Judicial Education Fund (Fund 672) shall	60756
consist of fees paid by judges and court personnel for attending	60757
continuing education courses and other gifts and grants received	60758
for the purpose of continuing judicial education. The foregoing	60759
appropriation item 005-601, Continuing Judicial Education, shall	60760
be used to pay expenses for continuing education courses for	60761
judges and court personnel. If it is determined by the	60762
Administrative Director of the Supreme Court that additional	60763
appropriations are necessary, the amounts are appropriated.	60764

No money in the Continuing Judicial Education Fund shall be	60765
transferred to any other fund by the Director of Budget and	60766
Management or the Controlling Board. Interest earned on moneys in	60767
the Continuing Judicial Education Fund shall be credited to the	60768
fund.	60769

ATTORNEY REGISTRATION

60770

In addition to funding other activities considered	60771
appropriate by the Supreme Court, the foregoing appropriation item	60772
005-605, Attorney Registration, may be used to compensate	60773
employees and fund the appropriate activities of the following	60774
offices established by the Supreme Court pursuant to the Rules for	60775
the Government of the Bar of Ohio: the Office of Disciplinary	60776
Counsel, the Board of Commissioners on Grievances and Discipline,	60777
the Clients' Security Fund, the Board of Commissioners on the	60778
Unauthorized Practice of Law, and the Office of Attorney	60779
Registration. If it is determined by the Administrative Director	60780
of the Supreme Court that additional appropriations are necessary,	60781
the amounts are appropriated.	60782

No moneys in the Attorney Registration Fund shall be	60783
transferred to any other fund by the Director of Budget and	60784
Management or the Controlling Board. Interest earned on moneys in	60785
the Attorney Registration Fund shall be credited to the fund.	60786

SUPREME COURT ADMISSIONS

60787

The foregoing appropriation item 005-606, Supreme Court	60788
Admissions, shall be used to compensate Supreme Court employees	60789
who are primarily responsible for administering the attorney	60790
admissions program, pursuant to the Rules for the Government of	60791
the Bar of Ohio, and to fund any other activities considered	60792
appropriate by the court. Moneys shall be deposited into the	60793
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme	60794
Court Rules for the Government of the Bar of Ohio. If it is	60795
determined by the Administrative Director of the Supreme Court	60796
that additional appropriations are necessary, the amounts are	60797
appropriated.	60798

No moneys in the Supreme Court Admissions Fund shall be	60799
transferred to any other fund by the Director of Budget and	60800
Management or the Controlling Board. Interest earned on moneys in	60801
the Supreme Court Admissions Fund shall be credited to the fund.	60802

CONTINUING LEGAL EDUCATION

60803

The foregoing appropriation item 005-607, Commission on	60804
Continuing Legal Education, shall be used to compensate employees	60805
of the Commission on Continuing Legal Education, established	60806
pursuant to the Supreme Court Rules for the Government of the Bar	60807
of Ohio, and to fund other activities of the commission considered	60808
appropriate by the court. If it is determined by the	60809
Administrative Director of the Supreme Court that additional	60810
appropriations are necessary, the amounts are appropriated.	60811

No moneys in the Continuing Legal Education Fund shall be	60812
transferred to any other fund by the Director of Budget and	60813
Management or the Controlling Board. Interest earned on moneys in	60814
the Continuing Legal Education Fund shall be credited to the fund.	60815

FEDERAL MISCELLANEOUS

60816

The Federal Miscellaneous Fund (3J0) shall consist of grants	60817
and other moneys awarded to the Supreme Court of Ohio (The	60818
Judiciary) by the United States Government, the State Justice	60819
Institute, or other entities that receive the moneys directly from	60820
the United States Government or the State Justice Institute and	60821
distribute those moneys to the Supreme Court of Ohio (The	60822
Judiciary). The foregoing appropriation item 005-603, Federal	60823
Grants, shall be used in a manner consistent with the purpose of	60824
the grant or award. If it is determined by the Administrative	60825
Director of the Supreme Court that additional appropriations are	60826
necessary, the amounts are appropriated.	60827

No money in the Federal Miscellaneous Fund shall be	60828
transferred to any other fund by the Director of Budget and	60829
Management or the Controlling Board. However, interest earned on	60830
moneys in the Federal Miscellaneous Fund shall be credited or	60831
transferred to the General Revenue Fund.	60832

Section 66.  LEC LAKE ERIE COMMISSION

60833

State Special Revenue Fund Group

60834

CASH TRANSFER

60840

Not later than the thirtieth day of November of each fiscal	60841
year, the Executive Director of the Ohio Lake Erie Office, with	60842
the approval of the Lake Erie Commission, shall certify to the	60843
Director of Budget and Management the cash balance in the Lake	60844
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	60845
operating expenses of the Lake Erie Office. The Ohio Lake Erie	60846
Office may request the Director of Budget and Management to	60847
transfer up to the certified amount from the Lake Erie Resources	60848
Fund (Fund 5D8) to the Lake Erie Protection Fund (Fund 4C0). The	60849
Director of Budget and Management may transfer the requested	60850
amount, or the Director may transfer a different amount up to the	60851
certified amount. Cash transferred shall be used for the purposes	60852
described in division (A) of section 1506.23 of the Revised Code.	60853
The amount transferred by the director is appropriated to the	60854
foregoing appropriation item 780-601, Lake Erie Protection Fund,	60855
which shall be increased by the amount transferred.	60856

Section 67.  LRS LEGAL RIGHTS SERVICE

60857

General Revenue Fund

60858

General Services Fund Group

60864

Federal Special Revenue Fund Group

60870

Section 68.  JLE JOINT LEGISLATIVE ETHICS COMMITTEE

60881

General Revenue Fund

60882

State Special Revenue Fund Group

60885

Section 69. LSC LEGISLATIVE SERVICE COMMISSION

60890

General Revenue Fund

60891

General Services Fund Group

60900

OPERATING EXPENSES

60906

On or before August 1, 2001, the Director of Budget and	60907
Management shall determine and certify to the Director of the	60908
Legislative Service Commission the total amount of unexpended,	60909
unobligated appropriations made to the Commission for fiscal year	60910
2001 in appropriation items 035-321 and 035-403. Additional	60911
appropriation authority equal to the amount certified by the	60912
Director of Budget and Management to the Director of the	60913
Legislative Service Commission, not to exceed $500,000, is hereby	60914
appropriated to appropriation item 035-321 Operating Expenses, for	60915
fiscal year 2002.	60916

ATMS REPLACEMENT PROJECT

60917

Of the foregoing appropriation item 035-406, ATMS Replacement	60918
Project, any amounts not used for the ATMS project may be used to	60919
pay the operating expenses of the Legislative Service Commission.	60920

LEGISLATIVE TASK FORCE ON REDISTRICTING

60921

On or before August 1, 2001, the Director of Budget and	60922
Management shall determine and certify to the Director of the	60923
Legislative Service Commission the total amount of unexpended,	60924
unobligated appropriations made to the Commission for fiscal year	60925
2001 in appropriation item 035-407, Legislative Task Force on	60926
Redistricting. Additional appropriation authority equal to the	60927
amount certified by the Director of Budget and Management to the	60928
Director of the Legislative Service Commission is hereby	60929
appropriated to appropriation item 035-407, Legislative Task Force	60930
on Redistricting, for fiscal year 2002.	60931

NATIONAL ASSOCIATIONS

60932

Of the foregoing appropriation item 035-409, National	60933
Associations, $10,000 in each fiscal year shall be used for the	60934
State and Local Legal Center.	60935

LEGISLATIVE OFFICE OF EDUCATION OVERSIGHT

60936

The foregoing appropriation item 035-404, Legislative Office	60937
of Education Oversight, shall be used to support the legislative	60938
oversight activities of the Legislative Committee on Education	60939
Oversight established in section 3301.68 of the Revised Code.	60940

Section 70.  LIB STATE LIBRARY BOARD

60941

General Revenue Fund

60942

General Services Fund Group

60949

Federal Special Revenue Fund Group

60955

OHIOANA RENTAL PAYMENTS

60960

The foregoing appropriation item 350-401, Ohioana Rental	60961
Payments, shall be used to pay the rental expenses of the Martha	60962
Kinney Cooper Ohioana Library Association pursuant to section	60963
3375.61 of the Revised Code.	60964

REGIONAL LIBRARY SYSTEMS

60965

The foregoing appropriation item 350-502, Regional Library	60966
Systems, shall be used to support regional library systems	60967
eligible for funding under section 3375.90 of the Revised Code.	60968

OHIO PUBLIC LIBRARY INFORMATION NETWORK

60969

The foregoing appropriation item 350-604, OPLIN Technology,	60970
shall be used for an information telecommunications network	60971
linking public libraries in the state and such others as may be	60972
certified as participants by the Ohio Public Library Information	60973
Network Board.	60974

The Ohio Public Library Information Network Board shall	60975
consist of eleven members appointed by the State Library Board	60976
from among the staff of public libraries and past and present	60977
members of boards of trustees of public libraries, based on the	60978
recommendations of the Ohio library community. The Ohio Public	60979
Library Information Network Board in consultation with the State	60980
Library shall develop a plan of operations for the network. The	60981
Board shall have the authority to make decisions regarding the use	60982
of the foregoing appropriation item 350-604, OPLIN Technology, and	60983
to receive and expend grants to carry out the operations of the	60984
network in accordance with state law and the authority to appoint	60985
and fix the compensation of a director and necessary staff. The	60986
State Library will be the fiscal agent for the network and shall	60987
have fiscal accountability for the expenditure of funds. The Ohio	60988
Public Library Information Network Board members shall be	60989
reimbursed for actual travel and necessary expenses incurred in	60990
the carrying out of their responsibilities.	60991

In order to limit access to obscene and illegal materials	60992
through internet use at Ohio Public Library Information Network	60993
(OPLIN) terminals, local libraries with OPLIN computer terminals	60994
shall adopt policies that control access to obscene and illegal	60995
materials. These policies may include use of technological	60996
systems to select or block certain internet access. The OPLIN	60997
shall condition provision of its funds, goods, and services on	60998
compliance with these policies. The OPLIN board shall also adopt	60999
and communicate specific recommendations to local libraries on	61000
methods to control such improper usage. These methods may include	61001
each library implementing a written policy controlling such	61002
improper use of library terminals and requirements for parental	61003
involvement or written authorization for juvenile internet usage.	61004

The OPLIN board shall research and assist or advise local	61005
libraries with emerging technologies and methods that may be	61006
effective means to control access to obscene and illegal	61007
materials. The OPLIN Executive Director shall biannually provide	61008
written reports to the Governor, the Speaker and Minority Leader	61009
of the House of Representatives, and the President and Minority	61010
Leader of the Senate on any steps being taken by OPLIN and public	61011
libraries in this state to limit and control such improper usage	61012
as well as information on technological, legal, and law	61013
enforcement trends nationally and internationally affecting this	61014
area of public access and service.	61015

The Ohio Public Library Information Network, InfOhio, and	61016
OhioLink shall, to the extent feasible, coordinate and cooperate	61017
in their purchase or other acquisition of the use of electronic	61018
databases for their respective users and shall contribute funds in	61019
an equitable manner to such effort.	61020

TRANSFER TO OPLIN TECHNOLOGY FUND

61021

Notwithstanding sections 5747.03 and 5747.47 of the Revised	61022
Code and any other provision of law to the contrary, in accordance	61023
with a schedule established by the Director of Budget and	61024
Management, (A) in fiscal year 2002, the Director of Budget and	61025
Management shall transfer $6,361,095 from the Library and Local	61026
Government Support Fund (Fund 065) to the OPLIN Technology Fund	61027
(Fund 4S4); and (B) in fiscal year 2003, the Director of Budget	61028
and Management shall transfer $6,477,962 from the Library and	61029
Local Government Support Fund (Fund 065) to the OPLIN Technology	61030
Fund (Fund 4S4).	61031

Section 71.  LCO LIQUOR CONTROL COMMISSION

61032

Liquor Control Fund Group

61033

Section 72.  LOT STATE LOTTERY COMMISSION

61038

State Lottery Fund Group

61039

OPERATING EXPENSES

61050

The foregoing appropriation items include all amounts	61051
necessary for the purchase and printing of tickets, consultant	61052
services, and advertising. The Controlling Board may, at the	61053
request of the State Lottery Commission, authorize additional	61054
appropriations for operating expenses of the State Lottery	61055
Commission from the State Lottery Fund up to a maximum of 15 per	61056
cent of anticipated total revenue accruing from the sale of	61057
lottery tickets.	61058

PRIZES, BONUSES, AND COMMISSIONS

61059

Any amounts, in addition to the amounts appropriated in	61060
appropriation item 950-601, Prizes, Bonuses, and Commissions, that	61061
are determined by the Director of the State Lottery Commission to	61062
be necessary to fund prizes, bonuses, and commissions are	61063
appropriated.	61064

ANNUITY PRIZES

61065

With the approval of the Office of Budget and Management, the	61066
State Lottery Commission shall transfer cash from the State	61067
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	61068
(Fund 871) in an amount sufficient to fund deferred prizes. The	61069
Treasurer of State, from time to time, shall credit the Deferred	61070
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	61071
by the Treasurer of State on invested balances.	61072

Any amounts, in addition to the amounts appropriated in	61073
appropriation item 950-602, Annuity Prizes, that are determined by	61074
the Director of the State Lottery Commission to be necessary to	61075
fund deferred prizes and interest earnings are appropriated.	61076

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

61077

The Ohio Lottery Commission shall transfer an amount greater	61078
than or equal to $633,722,100 in fiscal year 2002 and $621,722,600	61079
in fiscal year 2003 to the Lottery Profits Education Fund.	61080
Transfers from the Commission to the Lottery Profits Education	61081
Fund shall represent the estimated net income from operations for	61082
the Commission and may be supplemented by transfers from the	61083
Unclaimed Prizes Fund at any time in fiscal year 2002 or fiscal	61084
year 2003. Transfers by the Commission to the Lottery Profits	61085
Education Fund shall be administered in accordance with and	61086
pursuant to the Revised Code.	61087

Section 73.  MED STATE MEDICAL BOARD

61088

General Services Fund Group

61089

Section 74.  DMH DEPARTMENT OF MENTAL HEALTH

61094

Division of General Administration Intragovernmental Service Fund	61095
Group	61096

Division of Mental Health--

61100

Psychiatric Services to Correctional Facilities

61101

General Revenue Fund

61102

FORENSIC SERVICES

61106

The foregoing appropriation item 322-401, Forensic Services,	61107
shall be used to provide psychiatric services to courts of common	61108
pleas. The appropriation shall be allocated through community	61109
mental health boards to certified community agencies and shall be	61110
distributed according to the criteria delineated in rule	61111
5122:4-1-01 of the Administrative Code. These community forensic	61112
funds may also be used to provide forensic training to community	61113
mental health boards and to forensic psychiatry residency programs	61114
in hospitals operated by the Department of Mental Health and to	61115
provide evaluations of patients of forensic status in facilities	61116
operated by the Department of Mental Health prior to conditional	61117
release to the community.	61118

In addition, appropriation item 332-401, Forensic Services,	61119
may be used to support projects involving mental health, substance	61120
abuse, courts, and law enforcement to identify and develop	61121
appropriate alternative services to institutionalization for	61122
nonviolent mentally ill offenders, and to provide linkage to	61123
community services for severely mentally disabled offenders	61124
released from institutions operated by the Department of	61125
Rehabilitation and Correction. Funds may also be utilized to	61126
provide forensic monitoring and tracking in addition to community	61127
programs serving persons of forensic status on conditional release	61128
or probation.	61129

Division of Mental Health--

61130

Administration and Statewide Programs

61131

General Revenue Fund

61132

General Services Fund Group

61141

Federal Special Revenue Fund Group

61144

State Special Revenue Fund Group

61152

RESIDENCY TRAINEESHIP PROGRAMS

61159

The foregoing appropriation item 333-402, Resident Trainees,	61160
shall be used to fund training agreements entered into by the	61161
Department of Mental Health for the development of curricula and	61162
the provision of training programs to support public mental health	61163
services.	61164

PRE-ADMISSION SCREENING EXPENSES

61165

The foregoing appropriation item 333-403, Pre-Admission	61166
Screening Expenses, shall be used to pay for costs to ensure that	61167
uniform statewide methods for pre-admission screening are in place	61168
to perform assessments for persons in need of mental health	61169
services or for whom institutional placement in a hospital or in	61170
another inpatient facility is sought. Pre-admission screening	61171
includes the following activities: pre-admission assessment,	61172
consideration of continued stay requests, discharge planning and	61173
referral, and adjudication of appeals and grievance procedures.	61174

RENTAL PAYMENTS TO THE OHIO PUBLIC FACILITIES COMMISSION

61175

The foregoing appropriation item 333-415, Lease-Rental	61176
Payments, shall be used to meet all payments at the times they are	61177
required to be made during the period from July 1, 2001, to June	61178
30, 2003, by the Department of Mental Health pursuant to leases	61179
and agreements made under section 154.20 of the Revised Code, but	61180
limited to the aggregate amount of $51,030,200. Nothing in this	61181
act shall be deemed to contravene the obligation of the state to	61182
pay, without necessity for further appropriation, from the sources	61183
pledged thereto, the bond service charges on obligations issued	61184
pursuant to section 154.20 of the Revised Code.	61185

Section 74.01. DIVISION OF MENTAL HEALTH - HOSPITALS

61186

General Revenue Fund

61187

General Services Fund Group

61191

Federal Special Revenue Fund Group

61196

State Special Revenue Fund Group

61204

COMMUNITY MENTAL HEALTH BOARD RISK FUND

61210

The foregoing appropriation item 334-636, Community Mental	61211
Health Board Risk Fund, shall be used to make payments pursuant to	61212
section 5119.62 of the Revised Code.	61213

Section 74.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	61214
SERVICES	61215

General Revenue Fund

61216

General Services Fund Group

61221

Federal Special Revenue Fund Group

61226

State Special Revenue Fund Group

61231

Section 74.03.  COMMUNITY MEDICATION SUBSIDY

61250

The foregoing appropriation item 335-419, Community	61251
Medication Subsidy, shall be used to provide subsidized support	61252
for psychotropic medication needs of indigent citizens in the	61253
community to reduce unnecessary hospitalization because of lack of	61254
medication and to provide subsidized support for methadone costs.	61255

GENERAL COMMUNITY MENTAL HEALTH PROGRAMS

61256

The foregoing appropriation item 335-502, Community Mental	61257
Health Programs, shall be distributed by the Department of Mental	61258
Health on a per capita basis to community mental health boards.	61259

The purpose of the appropriation is to provide subsidized	61260
support for general mental health services to Ohioans. The range	61261
of mental health services eligible for funding shall be defined in	61262
a Department of Mental Health rule. Community mental health	61263
boards shall allocate funds in support of these services in	61264
accordance with the mental health needs of the community.	61265

MENTAL HEALTH SERVICES FOR SEVERELY MENTALLY DISABLED PERSONS

61266

The foregoing appropriation item 335-508, Services for	61267
Severely Mentally Disabled, shall be used to fund mental health	61268
services for adults and children who meet or have formerly met	61269
criteria established by the Department of Mental Health under its	61270
definition of severely mentally disabled. Those adults and	61271
children who constitute severely mentally disabled include those	61272
with a history of recent or chronic psychiatric hospitalizations,	61273
a history of psychosis, a prognosis of continued severe social and	61274
adaptive functioning impairment, or those certified impaired by	61275
the Social Security Administration for reasons of mental illness.	61276
In addition to the above, children and adolescents who are	61277
currently determined to be severely mentally disabled, or who are	61278
at risk of becoming severely mental disabled, and who are already	61279
in or about to enter the juvenile justice system, or child welfare	61280
system, or receiving special education services within the	61281
education system may also receive services funded by appropriation	61282
item 335-508, Services for Severely Mentally Disabled.	61283

Of the foregoing appropriation item 335-508, Services for	61284
Severely Mentally Disabled, $100,000 in each fiscal year shall be	61285
used to fund family and consumer education and support.	61286

Of the foregoing appropriation item 335-508, Services for	61287
Severely Mentally Disabled, $2.7 million in each fiscal year shall	61288
be used to transfer cash from the General Revenue Fund to Fund	61289
4N8, Family Stability Incentive. This transfer shall be made	61290
using an intrastate transfer voucher.	61291

MENTAL HEALTH SERVICES TO JUVENILE OFFENDERS PROJECTS

61292

Any cash transferred for juvenile offenders projects from the	61293
Department of Youth Services, the Department of Job and Family	61294
Services, the Office of Criminal Justice Services, or other state	61295
agencies to the Department of Mental Health (Fund 149) shall be	61296
used by the Department of Mental Health to fund local mental	61297
health services to juvenile offenders projects that are designed	61298
to address the mental health needs of juvenile offenders with	61299
serious mental illness.	61300

BEHAVIORAL HEALTH MEDICAID SERVICES

61301

The Department of Mental Health shall administer specified	61302
Medicaid Services as delegated by the Department of Job and Family	61303
Services in an interagency agreement. The foregoing appropriation	61304
item 333-607, Behavioral Health Medicaid Services, may be used to	61305
make payments for free-standing psychiatric hospital inpatient	61306
services as defined in an interagency agreement with the	61307
Department of Job and Family Services.	61308

Section 74.04. To increase the cost-effectiveness of	61309
community mental health services, the Director of Mental Health	61310
shall amend or rescind any rules formerly adopted under section	61311
5119.01 of the Revised Code establishing certification standards	61312
for mental health services that do not improve the quality of	61313
services or the health and safety of clients of the services. The	61314
Director shall amend or rescind the rules not later than ninety	61315
days after the effective date of this section.	61316

Section 75.  DMR DEPARTMENT OF MENTAL RETARDATION AND	61317
DEVELOPMENTAL DISABILITIES	61318

Section 75.01.  GENERAL ADMINISTRATION AND STATEWIDE SERVICES

61319

General Revenue Fund

61320

General Services Fund Group

61326

Federal Special Revenue Fund Group

61330

LEASE-RENTAL PAYMENTS

61339

The foregoing appropriation item 320-415, Lease-Rental	61340
Payments, shall be used to meet all payments at the times they are	61341
required to be made during the period from July 1, 2001, to June	61342
30, 2003, by the Department of Mental Retardation and	61343
Developmental Disabilities pursuant to leases and agreements made	61344
under section 154.20 of the Revised Code, but limited to the	61345
aggregate amount of $51,030,200. Nothing in this act shall be	61346
deemed to contravene the obligation of the state to pay, without	61347
necessity for further appropriation, from the sources pledged	61348
thereto, the bond service charges on obligations issued pursuant	61349
to section 154.20 of the Revised Code.	61350

Section 75.02. COMMUNITY SERVICES

61351

General Revenue Fund

61352

General Services Fund Group

61360

Federal Special Revenue Fund Group

61369

State Special Revenue Fund Group

61384

RESIDENTIAL AND SUPPORT SERVICES

61391

The foregoing appropriation item 322-413, Residential and	61392
Support Services, shall be used for any of the following:	61393

(A) Home and community-based waiver services pursuant to	61394
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	61395
U.S.C. 301, as amended;	61396

(B) Services contracted by county boards of mental	61397
retardation and developmental disabilities;	61398

(C) Supported living services contracted by county boards of	61399
mental retardation and developmental disabilities in accordance	61400
with sections 5126.40 to 5126.47 of the Revised Code;	61401

(D) Sermak Class Services used to implement the requirements	61402
of the consent decree in Sermak v. Manuel, Case No. c-2-80-220,	61403
United States District Court for the Southern District of Ohio,	61404
Eastern Division;	61405

(E) Other Medicaid-reimbursed programs, in an amount not to	61406
exceed $1,000,000 in each fiscal year, that enable persons with	61407
mental retardation and developmental disabilities to live in the	61408
community.	61409

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	61410
the Department of Mental Retardation and Developmental	61411
Disabilities may develop residential and support service programs	61412
that enable persons with mental retardation and developmental	61413
disabilities to live in the community. Notwithstanding Chapter	61414
5121. and section 5123.122 of the Revised Code, the department may	61415
waive the support collection requirements of those statutes for	61416
persons in community programs developed by the department under	61417
this section. The department shall adopt rules under Chapter 119.	61418
of the Revised Code or may use existing rules for the	61419
implementation of these programs.	61420

The Department of Mental Retardation and Developmental	61421
Disabilities may designate a portion of appropriation item	61422
332-413, Residential and Support Services, to county boards of	61423
mental retardation and developmental disabilities that have	61424
greater need for various residential and support services due to a	61425
low percentage of residential and support services development in	61426
comparison to the number of individuals with mental retardation or	61427
developmental disabilities in the county.	61428

Not later than 30 days after the effective date of this	61429
section, the Director of Budget and Management shall transfer up	61430
to $5,000,000 from appropriation item 322-413, Residential and	61431
Support Services, to appropriation item 322-501, County Boards	61432
Subsidies. The total amount that is transferred from appropriation	61433
item 322-413 to appropriation item 322-501 shall be used for the	61434
tax equalization program created under sections 5126.16 to 5126.18	61435
of the Revised Code and is subject to all statutes and rules	61436
established for the tax equalization program.	61437

Not later than July 30, 2002, the Director of Budget and	61438
Management shall transfer up to $11,500,000 from appropriation	61439
item 322-413, Residential and Support Services, to appropriation	61440
item 322-501, County Boards Subsidies. The total amount that is	61441
transferred from appropriation item 322-413 to appropriation item	61442
322-501 shall be used for the tax equalization program created	61443
under sections 5126.16 to 5126.18 of the Revised Code and is	61444
subject to all statutes and rules established for the tax	61445
equalization program.	61446

Of the foregoing appropriation item 322-413, Residential and	61447
Support Services, $9,700,000 in fiscal year 2002 and $9,850,000 in	61448
fiscal year 2003 shall be distributed by the Department to county	61449
boards of mental retardation and developmental disabilities to	61450
support existing residential facilities waiver and individual	61451
options waiver related Medicaid activities provided for in the	61452
component of a county board's plan developed under division (A)(2)	61453
of section 5126.054 of the Revised Code and approved under section	61454
5123.046 of the Revised Code. Up to $3,000,000 of these funds in	61455
each fiscal year may be used to implement day-to-day program	61456
management services under division (A)(2) of section 5126.054 of	61457
the Revised Code. Up to $4,200,000 in each fiscal year may be used	61458
to implement the program and health and welfare requirements of	61459
division (A)(2) of section 5126.054 of the Revised Code.	61460

In fiscal years 2002 and 2003, not less than $2,500,000 and	61461
$2,650,000, respectively, of these funds shall be used to recruit	61462
and retain, under division (A)(2) of section 5126.054 of the	61463
Revised Code, the direct care staff necessary to implement the	61464
services included in an individualized service plan in a manner	61465
that ensures the health and welfare of the individuals being	61466
served.	61467

FAMILY SUPPORT SERVICES

61468

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	61469
5126.11 of the Revised Code, the Department of Mental Retardation	61470
and Developmental Disabilities may implement programs funded by	61471
appropriation item 322-451, Family Support Services, to provide	61472
assistance to persons with mental retardation or developmental	61473
disabilities and their families who are living in the community.	61474
The department shall adopt rules to implement these programs.	61475

CASE MANAGEMENT

61476

The foregoing appropriation item 322-452, Case Management,	61477
shall be allocated to county boards of mental retardation and	61478
developmental disabilities for the purpose of providing case	61479
management services and to assist in bringing state funding for	61480
all department-approved case managers within county boards of	61481
mental retardation and developmental disabilities to the level	61482
authorized in division (C) of section 5126.15 of the Revised Code.	61483
The department may request approval from the Controlling Board to	61484
transfer any unobligated appropriation authority from other state	61485
General Revenue Fund appropriation items within the department's	61486
budget to appropriation item 322-452, Case Management, to be used	61487
to meet the statutory funding level in division (C) of section	61488
5126.15 of the Revised Code.	61489

Notwithstanding division (C) of section 5126.15 of the	61490
Revised Code and subject to funding in appropriation item 322-452,	61491
Case Management, no county may receive less than its allocation in	61492
fiscal year 1995.	61493

STATE SUBSIDIES TO MR/DD BOARDS

61494

Of the foregoing appropriation item 322-501, County Boards	61495
Subsidies, $6,500,000 in fiscal year 2002 and $13,000,000 in	61496
fiscal year 2003 shall be used to fund the tax equalization	61497
program created under sections 5126.16 to 5126.18 of the Revised	61498
Code for county boards of mental retardation and developmental	61499
disabilities. The tax equalization program shall utilize the	61500
average daily membership of adults 22 years of age and older in	61501
habilitation, vocational, and community employment services only	61502
for the yield on 1/2 mills.	61503

After funding the tax equalization program, the Department of	61504
Mental Retardation and Developmental Disabilities shall distribute	61505
the remaining appropriation authority in appropriation item	61506
322-501, County Boards Subsidies, to county boards of mental	61507
retardation and developmental disabilities for subsidies	61508
distributed pursuant to section 5126.12 of the Revised Code to the	61509
limit of the lesser of the amount required by that section or the	61510
remaining balance of the appropriation authority in appropriation	61511
item 322-501 prorated to all county boards of mental retardation	61512
and developmental disabilities.	61513

INTERSYSTEM SERVICES FOR CHILDREN

61514

The foregoing appropriation item 322-645, Intersystem	61515
Services for Children, shall be used to support direct grants to	61516
county family and children first councils created under section	61517
121.37 of the Revised Code. The funds shall be used as partial	61518
support payment and reimbursement for locally coordinated	61519
treatment plans for multi-needs children that come to the	61520
attention of the Family and Children First Cabinet Council	61521
pursuant to section 121.37 of the Revised Code. Any child	61522
referred for funding under this program must have an	61523
individualized educational plan (IEP) in place. The Department of	61524
Mental Retardation and Developmental Disabilities may use up to	61525
five per cent of this amount for administrative expenses	61526
associated with the distribution of funds to the county councils.	61527

WAIVER - MATCH

61528

The foregoing appropriation item 322-604, Waiver-Match (Fund	61529
4K8), shall be used as state matching funds for the home and	61530
community-based waivers.	61531

The Department of Job and Family Services may enter into an	61532
interagency agreement with the Department of Mental Retardation	61533
and Developmental Disabilities providing for the Department of	61534
Mental Retardation and Developmental Disabilities to operate the	61535
program.	61536

Section 75.03.  DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A	61537
MODEL BILLING FOR SERVICES RENDERED	61538

Developmental centers of the Department of Mental Retardation	61539
and Developmental Disabilities may provide services to persons	61540
with mental retardation or developmental disabilities living in	61541
the community or to providers of services to these persons. The	61542
department may develop a methodology for recovery of all costs	61543
associated with the provisions of these services.	61544

Section 75.04.  RENAMING OF CASE MANAGEMENT SERVICES

61545

As used in this section, "service and support administration"	61546
has the same meaning as in section 5126.01 of the Revised Code, as	61547
amended by this act.	61548

Wherever case management services are referred to in any law,	61549
contract, or other document, the reference shall be deemed to	61550
refer to service and support administration. No action or	61551
proceeding pending on the effective date of this section is	61552
affected by the renaming of case management services as service	61553
and support administration.	61554

The Department of Mental Retardation and Developmental	61555
Disabilities shall adopt, amend, and rescind rules as necessary to	61556
reflect the renaming of case management services as service and	61557
support administration. All boards of mental retardation and	61558
developmental disabilities and the entities with which they	61559
contract for services shall rename the titles of their employees	61560
who provide service and support administration. All boards and	61561
contracting entities shall make corresponding changes to all	61562
employment contracts.	61563

Section 75.05.  RESIDENTIAL FACILITIES

61564

General Revenue Fund

61565

General Services Fund Group

61569

Federal Special Revenue Fund Group

61574

State Special Revenue Fund Group

61583

Section 75.06. (A) There is hereby created the Executive	61601
Branch Committee on Medicaid Redesign and Expansion of MRDD	61602
Services. The committee shall consist of all of the following	61603
individuals:	61604

(1) One representative of the Governor appointed by the	61605
Governor;	61606

(2) Two representatives of the Department of Mental	61607
Retardation and Developmental Disabilities appointed by the	61608
Director of Mental Retardation and Developmental Disabilities;	61609

(3) Two representatives of the Department of Job and Family	61610
Services appointed by the Director of Job and Family Services;	61611

(4) One representative of the Office of Budget and	61612
Management appointed by the Director of Budget and Management;	61613

(5) One representative of The Arc of Ohio appointed by the	61614
organization's board of trustees;	61615

(6) One representative of the Ohio Association of County	61616
Boards of Mental Retardation and Developmental Disabilities	61617
appointed by the association's board of trustees;	61618

(7) One representative of the Ohio Superintendents of County	61619
Boards of Mental Retardation and Developmental Disabilities	61620
appointed by the organization's board of trustees;	61621

(8) One representative of the Ohio Provider Resource	61622
Association appointed by the association's board of trustees;	61623

(9) One representative of the Ohio Health Care Association	61624
appointed by the association's board of trustees;	61625

(10) One representative of individuals with mental	61626
retardation or other developmental disability appointed by the	61627
Director of Mental Retardation and Developmental Disabilities.	61628

(B) The Governor shall appoint the chairperson of the	61629
committee. Members of the committee shall serve without	61630
compensation or reimbursement, except to the extent that serving	61631
on the committee is considered a part of their regular employment	61632
duties.	61633

(C) The committee shall meet at times determined by the	61634
chairperson to do all of the following:	61635

(1) Review the effect that the provisions of this act	61636
regarding Medicaid funding for services to individuals with mental	61637
retardation or other developmental disability have on the funding	61638
and provision of services to such individuals;	61639

(2) Identify issues related to, and barriers to, the	61640
effective implementation of those provisions of this act with the	61641
goal of meeting the needs of individuals with mental retardation	61642
or other developmental disability;	61643

(3) Establish effective means for resolving the issues and	61644
barriers, including advocating changes to state law, rules, or	61645
both.	61646

(D) The committee shall finish a preliminary report on its	61647
actions no later than one year after the effective date of this	61648
section and a final report on its actions no later than three	61649
years after the effective date of this section. The committee	61650
shall submit the reports to the Governor and Directors of Mental	61651
Retardation and Developmental Disabilities and Job and Family	61652
Services. The committee shall cease to exist on submission of the	61653
final report unless the Governor issues an executive order	61654
providing for the committee to continue.	61655

Section 76.  MIH COMMISSION ON MINORITY HEALTH

61656

General Revenue Fund

61657

Federal Special Revenue Fund Group

61662

State Special Revenue Fund Group

61666

LUPUS PROGRAM

61671

The foregoing appropriation item 149-502, Lupus Program,	61672
shall be used to provide grants for programs in patient, public,	61673
and professional education on the subject of systemic lupus	61674
erythemtosus; to encourage and develop local centers on lupus	61675
information gathering and screening; and to provide outreach to	61676
minority women.	61677

Section 77.  CRB MOTOR VEHICLE COLLISION REPAIR

61678

REGISTRATION BOARD

61679

General Service Fund Group

61680

Section 78.  DNR DEPARTMENT OF NATURAL RESOURCES

61686

General Revenue Fund

61687

General Services Fund Group

61710

Federal Special Revenue Fund Group

61730

State Special Revenue Fund Group

61746

Wildlife Fund Group

61770

Waterways Safety Fund Group

61778

Holding Account Redistribution Fund Group

61789

Accrued Leave Liability Fund Group

61794

The review and acceptance of amended articles of dedication	61799
under section 1517.05 of the Revised Code, as amended by this act,	61800
is an administrative function that is performed by the Department	61801
of Natural Resources. The amendments to that section clarify the	61802
manner in which such reviews are to be conducted. The reviews	61803
contemplated by section 1517.05 of the Revised Code, as amended by	61804
this act, shall be funded by the general appropriation to the	61805
Department of Natural Resources under this section.	61806

Section 78.01. NATURAL RESOURCES GENERAL OBLIGATION DEBT	61807
SERVICE	61808

The foregoing appropriation item 725-903, Natural Resources	61809
General Obligation Debt Service, shall be used to pay all debt	61810
service and financing costs at the times they are required to be	61811
made pursuant to sections 151.01 and 151.05 of the Revised Code	61812
during the period from July 1, 2001, to June 30, 2003. The Office	61813
of the Sinking Fund or the Director of Budget and Management shall	61814
effectuate the required payments by an intrastate transfer	61815
voucher.	61816

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

61817

The foregoing appropriation item 725-904, Conservation	61818
General Obligation Debt Service, shall be used to pay all debt	61819
service and financing costs during the period from July 1, 2001,	61820
to June 30, 2003, on obligations to be issued for conservation	61821
purposes under Section 2o of Article VIII, Ohio Constitution, and	61822
implementing legislation. The Office of the Sinking Fund or the	61823
Director of Budget and Management shall effectuate the required	61824
payments by an intrastate transfer voucher.	61825

LEASE RENTAL PAYMENTS

61826

The foregoing appropriation item 725-413, OPFC Lease Rental	61827
Payments, shall be used to meet all payments at the times they are	61828
required to be made during the period from July 1, 2001, to June	61829
30, 2003, by the Department of Natural Resources pursuant to	61830
leases and agreements made under section 154.22 of the Revised	61831
Code, but limited to the aggregate amount of $30,490,500. Nothing	61832
in this act shall be deemed to contravene the obligation of the	61833
state to pay, without necessity for further appropriation, from	61834
the sources pledged thereto, the bond service charges on	61835
obligations issued pursuant to section 154.22 of the Revised Code.	61836

FOUNTAIN SQUARE

61837

The foregoing appropriation item 725-404, Fountain Square	61838
Rental Payments - OBA, shall be used by the Department of Natural	61839
Resources to meet all payments required to be made to the Ohio	61840
Building Authority during the period from July 1, 2001, to June	61841
30, 2003, pursuant to leases and agreements with the Ohio Building	61842
Authority under section 152.241 of the Revised Code, but limited	61843
to the aggregate amount of $2,181,500.	61844

The Director of Natural Resources, using intrastate transfer	61845
vouchers, shall make payments to the General Revenue Fund from	61846
funds other than the General Revenue Fund to reimburse the General	61847
Revenue Fund for the other funds' shares of the lease rental	61848
payments to the Ohio Building Authority. The transfers from the	61849
non-General Revenue funds shall be made within 10 days of the	61850
payment to the Ohio Building Authority for the actual amounts	61851
necessary to fulfill the leases and agreements pursuant to section	61852
152.241 of the Revised Code.	61853

The foregoing appropriation item 725-664, Fountain Square	61854
Facilities Management (Fund 635), shall be used for payment of	61855
repairs, renovation, utilities, property management, and building	61856
maintenance expenses for the Fountain Square Complex. Cash	61857
transferred by intrastate transfer vouchers from various	61858
department funds and rental income received by the Department of	61859
Natural Resources shall be deposited to the Fountain Square	61860
Facilities Management Fund (Fund 635).	61861

Section 78.02. CENTRAL SUPPORT INDIRECT

61862

With the exception of the Division of Wildlife, whose	61863
indirect central support charges shall be paid out of the General	61864
Revenue Fund from the foregoing appropriation item 725-401,	61865
Wildlife - GRF Central Support, the Department of Natural	61866
Resources, with the approval of the Director of Budget and	61867
Management, shall utilize a methodology for determining each	61868
division's payments into the Central Support Indirect Fund (Fund	61869
157). The methodology used shall contain the characteristics of	61870
administrative ease and uniform application. Payments to the	61871
Central Support Indirect Fund shall be made using an intrastate	61872
transfer voucher.	61873

WILDLIFE LICENSE REIMBURSEMENT

61874

Notwithstanding the limits of the transfer from the General	61875
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	61876
of the Revised Code, up to the amount available in appropriation	61877
item 725-425, Wildlife License Reimbursement, may be transferred	61878
from the General Revenue Fund to the Wildlife Fund (Fund 015).	61879
Pursuant to the certification of the Director of Budget and	61880
Management of the amount of foregone revenue in accordance with	61881
section 1533.15 of the Revised Code, the foregoing appropriation	61882
item in the General Revenue Fund, appropriation item 725-425,	61883
Wildlife License Reimbursement, shall be used to reimburse the	61884
Wildlife Fund (Fund 015) for the cost of hunting and fishing	61885
licenses and permits issued after June 30, 1990, to individuals	61886
who are exempted under the Revised Code from license, permit, and	61887
stamp fees.	61888

SOIL AND WATER DISTRICTS

61889

In addition to state payments to soil and water conservation	61890
districts authorized by section 1515.10 of the Revised Code, the	61891
Department of Natural Resources may pay to any soil and water	61892
conservation district, from authority in appropriation item	61893
725-502, Soil and Water Districts, an annual amount not to exceed	61894
$30,000, upon receipt of a request and justification from the	61895
district and approval by the Ohio Soil and Water Conservation	61896
Commission. The county auditor shall credit the payments to the	61897
special fund established under section 1515.10 of the Revised Code	61898
for the local soil and water conservation district. Moneys	61899
received by each district shall be expended for the purposes of	61900
the district.	61901

Of the foregoing appropriation item 725-502, Soil and Water	61902
Districts, $150,000 in each fiscal year shall be distributed to	61903
the Muskingum Watershed Conservancy District and $50,000 in each	61904
fiscal year shall be distributed to the Livestock Assurance	61905
Program.	61906

Of the foregoing appropriation 725-502, Soil and Water	61907
Districts, $136,000 shall be earmarked in fiscal year 2002 for	61908
Indian Lake, $56,000 per fiscal year for the Conservation Action	61909
Program, $48,000 in fiscal year 2002 for Millcreek Valley	61910
Conservation District, $40,000 per fiscal year for Wills Creek	61911
Reservoir, $120,000 in fiscal year 2002 for the relocation of	61912
Route 30, $250,000 in fiscal year 2002 for the Upper Hocking and	61913
Rush Creek Flood Control project, and $100,000 per fiscal year for	61914
Rush Creek Conservancy District. Of the foregoing appropriation	61915
item 725-502, Soil and Water Districts, $150,000 shall be	61916
earmarked in each fiscal year for the Loramie Lake Project.	61917

DIVISION OF PARKS AND RECREATION

61918

Of the foregoing appropriation item 730-321, Division of	61919
Parks and Recreation, $125,000 per year shall be earmarked for the	61920
Somerset Park Improvement and $125,000 per year shall be earmarked	61921
for the New Lexington Recreation Center.	61922

DIVISION OF SOIL AND WATER

61923

Of the foregoing appropriation item 737-321, Division of Soil	61924
and Water, $220,000 in each fiscal year shall be distributed to	61925
the Water Quality Laboratory located at Heidelberg College.	61926

CANAL LANDS

61927

The foregoing appropriation item 725-456, Canal Lands, shall	61928
be used to transfer funds to the Canal Lands Fund (Fund 430) to	61929
provide operating expenses for the State Canal Lands Program. The	61930
transfer shall be made using an intrastate transfer voucher and	61931
shall be subject to the approval of the Director of Budget and	61932
Management.	61933

WATERCRAFT MARINE PATROL

61934

Of the foregoing appropriation item 739-401, Division of	61935
Watercraft, not more than $200,000 in each fiscal year shall be	61936
expended for the purchase of equipment for marine patrols	61937
qualifying for funding from the Department of Natural Resources	61938
pursuant to section 1547.67 of the Revised Code. Proposals for	61939
equipment shall accompany the submission of documentation for	61940
receipt of a marine patrol subsidy pursuant to section 1547.67 of	61941
the Revised Code and shall be loaned to eligible marine patrols	61942
pursuant to a cooperative agreement between the Department of	61943
Natural Resources and the eligible marine patrol.	61944

FUND CONSOLIDATION

61945

On July 15, 2001, or as soon thereafter as possible, the	61946
Director of Budget and Management shall transfer the cash balances	61947
of the Wildlife Education Fund (Fund 81A) as of June 30, 2001, and	61948
any amounts that accrue to that fund after that date, to the	61949
Wildlife Education Fund (Fund 015). The Director shall cancel any	61950
remaining outstanding encumbrances against appropriation item	61951
725-612, Wildlife Education, and reestablish them against	61952
appropriation item 740-401, Division of Wildlife Conservation. The	61953
amounts of any encumbrances canceled and reestablished are	61954
appropriated.	61955

On July 15, 2001, or as soon thereafter as possible, the	61956
Director of Budget and Management shall transfer the cash balances	61957
of the Cooperative Boat Harbor Projects Fund (Fund 880) as of June	61958
30, 2001, and any amounts that accrue to that fund after that	61959
date, to the Waterways Safety Fund (Fund 086). The director shall	61960
cancel any remaining outstanding encumbrances against	61961
appropriation item 725-614, Cooperative Boat Harbor Projects, and	61962
reestablish them against appropriation item 739-401, Division of	61963
Watercraft. The amounts of any encumbrances canceled and	61964
reestablished are hereby appropriated.	61965

On July 15, 2001, or as soon thereafter as possible, the	61966
Director of Budget and Management shall transfer the cash balances	61967
of the Forestry Development Fund (Fund 4B8) as of June 30, 2001,	61968
and any amounts that accrue to that fund after that date, to the	61969
State Forest Fund (Fund 509). The director shall cancel any	61970
remaining outstanding encumbrances against appropriation item	61971
725-617, Forestry Development Fund, and reestablish them against	61972
appropriation item 725-602, State Forest. The amounts of any	61973
encumbrances canceled and reestablished are appropriated. No	61974
interest shall be credited to Fund 4B8 after June 30, 2001.	61975

On July 15, 2001, or as soon thereafter as possible, the	61976
Director of Budget and Management shall transfer the cash balance	61977
in the Burr Oak Water Plant Fund (Fund 519), which is abolished by	61978
the repeal of section 1507.12 of the Revised Code in this act, to	61979
the Burr Oak Regional Water District.	61980

PARKS FACILITIES MAINTENANCE

61981

Notwithstanding section 1541.221 of the Revised Code, the	61982
first $1,100,000 that would be transferred to the Parks Facilities	61983
Maintenance Fund (Fund 161) in fiscal year 2002 shall be retained	61984
by the State Park Fund (Fund 512). The difference between ten per	61985
cent of the receipts from revenue-producing facilities of the	61986
division of parks and recreation and $1,100,000 shall be	61987
transferred to the Parks Facilities Maintenance Fund in fiscal	61988
year 2002.	61989

OIL AND GAS WELL PLUGGING

61990

The foregoing appropriation item 725-677, Oil and Gas Well	61991
Plugging, shall be used exclusively for the purposes of plugging	61992
wells and to properly restore the land surface of idle and orphan	61993
oil and gas wells pursuant to section 1509.071 of the Revised	61994
Code. No funds from the appropriation item shall be used for	61995
salaries, maintenance, equipment, or other administrative	61996
purposes, except for those costs directly attributed to the	61997
plugging of an idle or orphan well. Appropriation authority from	61998
this line item shall not be transferred to any other fund or line	61999
item.	62000

Section 79.  NUR STATE BOARD OF NURSING

62001

General Services Fund Group

62002

NURSING SPECIAL ISSUES

62008

Not later than thirty days after the effective date of this	62009
section, the Director of Budget and Management shall transfer	62010
$5,000 cash from the Occupational Licensing and Regulatory Fund	62011
(Fund 4K9) to the Nursing Special Issues Fund (Fund 5P8).	62012

Not later than July 30, 2002, the Director of Budget and	62013
Management shall transfer $5,000 cash from the Occupational	62014
Licensing and Regulatory Fund (Fund 4K9) to the Nursing Special	62015
Issues Fund (Fund 5P8).	62016

The foregoing appropriation item 884-601, Nursing Special	62017
Issues (Fund 5P8), shall be used to pay the costs the Board of	62018
Nursing incurs in implementing section 4723.062 of the Revised	62019
Code.	62020

Section 80.  PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, AND	62021
ATHLETIC TRAINERS BOARD	62022

General Services Fund Group

62023

OPERATING EXPENSES

62028

Notwithstanding Section 74 of Am. H.B. 283 of the 123rd	62029
General Assembly, the findings of the two clinical outcomes	62030
studies required by the Operating Expenses earmark shall be	62031
reported not later than December 31, 2001.	62032

Section 81.  OLA OHIOANA LIBRARY ASSOCIATION

62033

General Revenue Fund

62034

Section 82.  ODB OHIO OPTICAL DISPENSERS BOARD

62039

General Services Fund Group

62040

Section 83.  OPT STATE BOARD OF OPTOMETRY

62046

General Services Fund Group

62047

Section 84.  OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, AND	62052
PEDORTHICS	62053

General Services Fund Group

62054

Section 85.  PBR STATE PERSONNEL BOARD OF REVIEW

62059

General Revenue Fund

62060

General Services Fund Group

62063

TRANSCRIPT AND OTHER

62068

The foregoing appropriation item 124-601, Transcript and	62069
Other, may be used to produce and distribute transcripts and other	62070
documents. Revenues generated by charges for transcripts and	62071
other documents shall be deposited in the Transcripts and Other	62072
Fund (Fund 636).	62073

Section 86.  PRX STATE BOARD OF PHARMACY

62074

General Services Fund Group

62075

Section 87.  SCR STATE BOARD OF PROPRIETARY SCHOOL	62082
REGISTRATION	62083

General Revenue Fund

62084

Section 88.  PSY STATE BOARD OF PSYCHOLOGY

62091

General Services Fund Group

62092

Section 89.  PUB OHIO PUBLIC DEFENDER COMMISSION

62098

General Revenue Fund

62099

General Services Fund Group

62108

Federal Special Revenue Fund Group

62116

State Special Revenue Fund Group

62122

INDIGENT DEFENSE OFFICE

62129

The foregoing appropriation items 019-404, Trumbull County -	62130
State Share, and 019-610, Trumbull County - County Share, shall be	62131
used to support an indigent defense office for Trumbull County.	62132

MULTI-COUNTY OFFICE

62133

The foregoing appropriation items 019-403, Multi-County:	62134
State Share, and 019-601, Multi-County: County Share, shall be	62135
used to support the Office of the Ohio Public Defender's	62136
Multi-County Branch Office program.	62137

TRAINING ACCOUNT

62138

The foregoing appropriation item 019-405, Training Account,	62139
shall be used by the Ohio Public Defender to provide legal	62140
training programs at no cost for private appointed counsel who	62141
represent at least one indigent defendant at no cost, and for	62142
state and county public defenders and attorneys who contract with	62143
the Ohio Public Defender to provide indigent defense services.	62144

FEDERAL REPRESENTATION

62145

The foregoing appropriation item 019-608, Federal	62146
Representation, shall be used to receive reimbursements from the	62147
federal courts when the Ohio Public Defender provides	62148
representation on federal court cases.	62149

Section 90.  DHS DEPARTMENT OF PUBLIC SAFETY

62150

General Revenue Fund

62151

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

62158

Of the foregoing appropriation item 763-403, Operating	62159
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	62160
the Ohio Task Force One - Urban Search and Rescue Unit and other	62161
urban search and rescue programs around the state to create a	62162
stronger search and rescue capability statewide.	62163

IFG STATE MATCH

62164

The foregoing appropriation item 763-507, Individual and	62165
Family Grants, shall be used to fund the state share of costs to	62166
provide grants to individuals and families in cases of disaster.	62167

Section 91.  PUC PUBLIC UTILITIES COMMISSION OF OHIO

62168

General Services Fund Group

62169

Federal Special Revenue Fund Group

62176

State Special Revenue Fund Group

62182

Agency Fund Group

62195

TEMPORARY CASH TRANSFERS

62199

On July 1, 2001, or as soon as possible thereafter, the	62200
Director of Budget and Management shall transfer $150,000 in cash	62201
from Fund 4U8, Civil Forfeitures, and $350,000 in cash from Fund	62202
4S6, Hazardous Materials Registration, to Fund 3V3, Commercial	62203
Vehicle Information Systems/Networks Fund, which is hereby created	62204
in the State Treasury. The Commercial Vehicle Information	62205
Systems/Networks Fund shall receive funding from the United States	62206
Department of Transportation's Commercial Vehicle Intelligent	62207
Transportation System Infrastructure Deployment Program and shall	62208
be used to deploy the Ohio Commercial Vehicle Information Systems	62209
and Networks Project and to expedite and improve safety of motor	62210
carrier operations through electronic exchange of data by means of	62211
on-highway electronic systems.	62212

The Chairman of the Public Utilities Commission shall notify	62213
the Director of Budget and Management when the cash balance in	62214
Fund 3V3 is sufficient for the transfers required under this	62215
heading to be repaid. On or before June 30, 2003, the Director of	62216
Budget and Management shall transfer $150,000 in cash from Fund	62217
3V3, Commercial Vehicle Information Systems/Networks, to Fund 4U8,	62218
Civil Forfeitures, and $350,000 in cash from Fund 3V3, Commercial	62219
Vehicle Information Systems/Networks, to Fund 4S6, Hazardous	62220
Materials Registration.	62221

BIOMASS ENERGY PROGRAM FUND

62222

The Biomass Energy Program Fund created by section 4905.87 of	62223
the Revised Code is the same fund, with a new name, as the	62224
Biofuels/Municipal Waste Technology Fund created by the	62225
Controlling Board in January 1988.	62226

Section 92. PWC PUBLIC WORKS COMMISSION

62227

General Revenue Fund

62228

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

62234

The foregoing appropriation item 150-907, State Capital	62235
Improvements General Obligation Debt Service, shall be used to pay	62236
all debt service and financing costs at the times they are	62237
required to be made pursuant to sections 151.01, 151.08, and	62238
164.10 of the Revised Code during the period from July 1, 2001, to	62239
June 30, 2003. The Office of the Sinking Fund or the Director of	62240
Budget and Management shall effectuate the required payments by an	62241
intrastate transfer voucher.	62242

Section 93.  RAC STATE RACING COMMISSION

62243

State Special Revenue Fund Group

62244

Holding Account Redistribution Fund Group

62252

Section 94.  BOR BOARD OF REGENTS

62258

General Revenue Fund

62259

General Services Fund Group

62327

Federal Special Revenue Fund Group

62332

State Special Revenue Fund Group

62342

Section 94.01.  STATE SHARE OF INSTRUCTION

62351

As soon as practicable during each fiscal year of the	62352
2001-2003 biennium in accordance with instructions of the Board of	62353
Regents, each state-assisted institution of higher education shall	62354
report its actual enrollment to the Board of Regents.	62355

The Board of Regents shall establish procedures required by	62356
the system of formulas set out below and for the assignment of	62357
individual institutions to categories described in the formulas.	62358
The system of formulas establishes the manner in which aggregate	62359
expenditure requirements shall be determined for each of the three	62360
components of institutional operations. In addition to other	62361
adjustments and calculations described below, the subsidy	62362
entitlement of an institution shall be determined by subtracting	62363
from the institution's aggregate expenditure requirements income	62364
to be derived from the local contributions assumed in calculating	62365
the subsidy entitlements. The local contributions for purposes of	62366
determining subsidy support shall not limit the authority of the	62367
individual boards of trustees to establish fee levels.	62368

The General Studies and Technical models shall be adjusted by	62369
the Board of Regents so that the share of state subsidy earned by	62370
those models is not altered by changes in the overall local share.	62371
A lower-division fee differential shall be used to maintain the	62372
relationship that would have occurred between these models and the	62373
baccalaureate models had an assumed share of thirty-seven per cent	62374
been funded.	62375

In defining the number of full-time equivalent (FTE) students	62376
for state subsidy purposes, the Board of Regents shall exclude	62377
all undergraduate students who are not residents of Ohio, except	62378
those charged in-state fees in accordance with reciprocity	62379
agreements made pursuant to section 3333.17 or employer contracts	62380
entered into pursuant to section 3333.32 of the Revised Code.	62381

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

62382

(1) INSTRUCTION AND SUPPORT SERVICES

62383

(2) STUDENT SERVICES

62399

For this purpose, FTE counts shall be weighted to reflect	62400
differences among institutions in the numbers of students enrolled	62401
on a part-time basis.	62402

(B) PLANT OPERATION AND MAINTENANCE (POM)

62418

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

62419

Space undergoing renovation shall be funded at the rate	62420
allowed for storage space.	62421

In the calculation of square footage for each campus, square	62422
footage shall be weighted to reflect differences in space	62423
utilization.	62424

The space inventories for each campus shall be those	62425
determined in the fiscal year 1999 instructional subsidy, adjusted	62426
for changes attributable to the construction or renovation of	62427
facilities for which state appropriations were made or local	62428
commitments were made prior to January 1, 1995.	62429

Only 50 per cent of the space permanently taken out of	62430
operation in fiscal year 2002 or fiscal year 2003 that is not	62431
otherwise replaced by a campus shall be deleted from the fiscal	62432
year 1997 inventory.	62433

The square-foot-based plant operation and maintenance subsidy	62434
for each campus shall be determined as follows:	62435

(a) For each standard room type category shown below, the	62436
subsidy-eligible net assignable square feet (NASF) for each campus	62437
shall be multiplied by the following rates, and the amounts summed	62438
for each campus to determine the total gross square-foot-based POM	62439
expenditure requirement:	62440

(b) The total gross square-foot POM expenditure requirement	62449
shall be allocated to models in proportion to FTE enrollments as	62450
reported in enrollment data for all models except Doctoral I and	62451
Doctoral II.	62452

(c) The amounts allocated to models in division (B)(1)(b) of	62453
this section shall be multiplied by the ratio of subsidy-eligible	62454
FTE students to total FTE students reported in each model, and the	62455
amounts summed for all models. To this total amount shall be	62456
added an amount to support roads and grounds expenditures to	62457
produce the total square-foot-based POM subsidy.	62458

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

62459

(a) The number of subsidy-eligible FTE students in each	62460
model shall be multiplied by the following rates for each campus	62461
for each fiscal year.	62462

(b) The sum of the products for each campus determined in	62478
division (B)(2)(a) of this section for all models except Doctoral	62479
I and Doctoral II for each fiscal year shall be weighted by a	62480
factor to reflect sponsored research activity and job	62481
training-related public services expenditures to determine the	62482
total activity-based POM subsidy.	62483

(C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS

62484

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

62485

The calculation of the core subsidy entitlement shall consist	62486
of the following components:	62487

(a) For each campus and for each fiscal year, the core	62488
subsidy entitlement shall be determined by multiplying the amounts	62489
listed above in divisions (A)(1) and (2) and (B)(2) of this	62490
section less assumed local contributions, by (i) average	62491
subsidy-eligible FTEs for the two-year period ending in the prior	62492
year for all models except Doctoral I and Doctoral II; and (ii)	62493
average subsidy-eligible FTEs for the five-year period ending in	62494
the prior year for all models except Doctoral I and Doctoral II.	62495

(b) In calculating the core subsidy entitlements for Medical	62496
II models only, the Board of Regents shall use the following count	62497
of FTE students in place of the two-year average and five-year	62498
average of subsidy-eligible students:	62499

(i) For those medical schools whose current year enrollment	62500
is below the base enrollment, the Medical II FTE enrollment shall	62501
equal: 65 per cent of the base enrollment plus 35 per cent of the	62502
current year enrollment, where the base enrollment is:	62503

(ii) For those medical schools whose current year enrollment	62510
is equal to or greater than the base enrollment, the Medical II	62511
FTE enrollment shall equal the current enrollment.	62512

(c) For all FTE-based subsidy calculations involving	62513
annualized FTE data, FTE-based allowances shall be converted from	62514
annualized to all-terms rates to ensure equity and consistency of	62515
subsidy determination.	62516

(d) The Board of Regents shall compute the sum of the two	62517
calculations listed in division (C)(1)(a) of this section and use	62518
the greater sum as the core subsidy entitlement.	62519

The POM subsidy for each campus shall equal the greater of	62520
the square-foot-based subsidy or the activity-based POM subsidy	62521
component of the core subsidy entitlement.	62522

(e) The state share of instruction provided for doctoral	62523
students shall be based on a fixed percentage of the total	62524
appropriation. In each fiscal year of the biennium not more than	62525
10.34 per cent of the total state share of instruction shall be	62526
reserved to implement the recommendations of the Graduate Funding	62527
Commission. It is the intent of the General Assembly that the	62528
doctoral reserve be reduced each year thereafter until no more	62529
than 10.0 per cent of the total state share of instruction is	62530
reserved to implement the recommendations of the Graduate Funding	62531
Commission. The Board of Regents shall reallocate zero per cent	62532
in fiscal year 2002 and 2 per cent in fiscal year 2003 of the	62533
reserve among the state-assisted universities on the basis of a	62534
quality review as specified in the recommendations of the Graduate	62535
Funding Commission. No such reallocation shall occur in any year	62536
in which the total appropriation made to appropriation item	62537
235-501, State Share of Instruction, is less than 103 per cent of	62538
the prior fiscal year's total.	62539

The amount so reserved shall be allocated to universities in	62540
proportion to their share of the total number of Doctoral I	62541
equivalent FTEs as calculated on an institutional basis using the	62542
greater of the two-year or five-year FTEs for the period fiscal	62543
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	62544
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	62545
adjusted to reflect the effects of doctoral review. For the	62546
purposes of this calculation, Doctoral I equivalent FTEs shall	62547
equal the sum of Doctoral I FTEs plus 1.5 times the sum of	62548
Doctoral II FTEs.	62549

(2) ANNUAL HOLD HARMLESS PROVISION

62550

In addition to and after the other adjustment noted above, in	62551
fiscal year 2002 each campus shall have its state share of	62552
instruction adjusted to the extent necessary to provide an amount	62553
that is not less than 100 per cent of the state share of	62554
instruction received by the campus in fiscal year 2001. In fiscal	62555
year 2003, each campus shall have its state share of instruction	62556
adjusted to the extent necessary to provide an amount that is not	62557
less than 100 per cent of the state share of instruction received	62558
by the campus in fiscal year 2002.	62559

(3) CAPITAL COMPONENT DEDUCTION

62560

After all other adjustments have been made, instructional	62561
subsidy earnings shall be reduced for each campus by the amount,	62562
if any, by which debt service charged in Am. H.B. No. 748 of the	62563
121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd General	62564
Assembly, and Am. H.B. No. 640 of the 123rd General Assembly for	62565
that campus exceeds that campus's capital component earnings.	62566

(D) REDUCTIONS IN EARNINGS

62567

If the total state share of instruction earnings in any	62568
fiscal year exceed the total appropriations available for such	62569
purposes, the Board of Regents shall proportionately reduce the	62570
state share of instruction earnings for all campuses by a uniform	62571
percentage so that the systemwide sum equals available	62572
appropriations.	62573

(E) EXCEPTIONAL CIRCUMSTANCES

62574

Adjustments may be made to the state share of instruction	62575
payments and other subsidies distributed by the Board of Regents	62576
to state-assisted colleges and universities for exceptional	62577
circumstances. No adjustments for exceptional circumstances may	62578
be made without the recommendation of the Chancellor and the	62579
approval of the Controlling Board.	62580

DISTRIBUTION OF STATE SHARE OF INSTRUCTION

62581

The state share of instruction payments to the institutions	62582
shall be in substantially equal monthly amounts during the fiscal	62583
year, unless otherwise determined by the Director of Budget and	62584
Management pursuant to section 126.09 of the Revised Code.	62585
Payments during the first six months of the fiscal year shall be	62586
based upon the state share of instruction appropriation estimates	62587
made for the various institutions of higher education according to	62588
Board of Regents enrollment estimates. Payments during the last	62589
six months of the fiscal year shall be distributed after approval	62590
of the Controlling Board upon the request of the Board of	62591
Regents.	62592

LAW SCHOOL SUBSIDY

62593

The state share of instruction to state-supported	62594
universities for students enrolled in law schools in fiscal year	62595
2002 and fiscal year 2003 shall be calculated by using the number	62596
of subsidy-eligible FTE law school students funded by state	62597
subsidy in fiscal year 1995 or the actual number of	62598
subsidy-eligible FTE law school students at the institution in the	62599
fiscal year, whichever is less.	62600

Section 94.02. MISSION-BASED CORE FUNDING FOR HIGHER	62601
EDUCATION	62602

JOBS CHALLENGE

62603

Funds appropriated to appropriation item 235-415, Jobs	62604
Challenge, shall be distributed to state-assisted community and	62605
technical colleges, regional campuses of state-assisted	62606
universities, and other organizationally distinct and identifiable	62607
member campuses of the EnterpriseOhio Network in support of	62608
noncredit job-related training. In fiscal years 2002 and 2003,	62609
$2,114,673 and $1,981,841, respectively, shall be distributed as	62610
performance grants to EnterpriseOhio Network campuses based upon	62611
each campus's documented performance according to criteria	62612
established by the Board of Regents for increasing training and	62613
related services to businesses, industries, and public sector	62614
organizations.	62615

Of the foregoing appropriation item 235-415, Jobs Challenge,	62616
$3,130,087 in fiscal year 2002 and $2,875,953 in fiscal year 2003	62617
shall be allocated to the Targeted Industries Training Grant	62618
Program to attract, develop, and retain business and industry	62619
strategically important to the state's economy.	62620

Also, in fiscal years 2002 and 2003, $2,991,513 and	62621
$3,629,797, respectively, shall be allocated to the Non-credit	62622
Incentives Grant Program to reward two-year campuses for	62623
increasing the amount of non-credit skill upgrading services	62624
provided to Ohio employers and employees. The funds shall be	62625
distributed to campuses in proportion to each campus's share of	62626
noncredit job-related training revenues received by all campuses	62627
for the previous fiscal year. It is the intent of the General	62628
Assembly that this workforce development incentive component of	62629
the Jobs Challenge Program reward campus noncredit job-related	62630
training efforts in the same manner that the Research Challenge	62631
Program rewards campuses for their ability to obtain sponsored	62632
research revenues.	62633

Of the foregoing appropriation item 235-415, Jobs Challenge,	62634
$1,863,726 in fiscal year 2002 and $1,712,409 in fiscal year 2003	62635
shall be allocated as an incentive to support local EnterpriseOhio	62636
Network Campus/Adult Workforce Education Center Partnerships. The	62637
purpose of the partnerships is to promote and deliver coordinated,	62638
comprehensive training to local employers. Each partnership shall	62639
include a formal agreement between one or more EnterpriseOhio	62640
Network campus and one or more adult workforce education center	62641
for the delivery of training services.	62642

ACCESS CHALLENGE

62643

In each fiscal year, the foregoing appropriation item	62644
235-418, Access Challenge, shall be distributed to Ohio's	62645
state-assisted access colleges and universities. For the	62646
purposes of this allocation, "access campuses" includes	62647
state-assisted community colleges, state community colleges,	62648
technical colleges, Shawnee State University, Central State	62649
University, Cleveland State University, the regional campuses of	62650
state-assisted universities, and, where they are organizationally	62651
distinct and identifiable, the community-technical colleges	62652
located at the University of Cincinnati, Youngstown State	62653
University, and the University of Akron.	62654

In fiscal years 2002 and 2003, Access Challenge subsidies	62655
shall be distributed by the Board of Regents to eligible access	62656
campuses on the basis of each campus's share of fiscal year 1999	62657
all-terms subsidy eligible General Studies FTEs. For the purpose	62658
of these calculations, the average all-terms subsidy eligible	62659
General Studies FTEs for Youngstown State University's eligible	62660
Comm-Tech enrollments shall equal 348.	62661

For the purposes of this calculation, Cleveland State	62662
University's enrollments shall be adjusted by the ratio of the sum	62663
of subsidy-eligible lower-division FTE student enrollments	62664
eligible for access funding to the sum of subsidy-eligible General	62665
Studies FTE student enrollments at Central State University and	62666
Shawnee State University, and for the following universities and	62667
their regional campuses: Ohio State University, Ohio University,	62668
Kent State University, Bowling Green State University, Miami	62669
University, the University of Cincinnati, the University of Akron,	62670
and Wright State University.	62671

SUCCESS CHALLENGE

62672

The foregoing appropriation item 235-420, Success Challenge,	62673
shall be used by the Board of Regents to promote degree	62674
completion by students enrolled at a main campus of a	62675
state-assisted university.	62676

In each fiscal year, two-thirds of the appropriations shall	62677
be distributed to state-assisted university main campuses in	62678
proportion to each campus's share of the total statewide	62679
bachelor's degrees granted by university main campuses to	62680
"at-risk" students. In fiscal years 2002 and 2003, an "at-risk"	62681
student means any undergraduate student who has received an Ohio	62682
Instructional Grant during the past ten years. An eligible	62683
institution shall not receive its share of this distribution until	62684
it has submitted a plan that addresses how the subsidy will be	62685
used to better serve at-risk students and increase their	62686
likelihood of successful completion of a bachelor's degree	62687
program. The Board of Regents shall disseminate to all	62688
state-supported institutions of higher education all such plans	62689
submitted by institutions that received Success Challenge funds.	62690

In each fiscal year, one-third of the appropriations shall be	62691
distributed to university main campuses in proportion to each	62692
campus's share of the total bachelor's degrees granted by	62693
university main campuses to undergraduate students who completed	62694
their bachelor's degrees in a "timely manner" in the previous	62695
fiscal year. For the purposes of this section, "timely manner"	62696
means the normal time it would take for a full-time degree-seeking	62697
undergraduate student to complete the student's degree. Generally,	62698
for such students pursuing a bachelor's degree, "timely manner"	62699
means four years. Exceptions to this general rule shall be	62700
permitted for students enrolled in programs specifically designed	62701
to be completed in a longer time period. The Board of Regents	62702
shall collect base-line data beginning with the 1998-99 academic	62703
year to assess the timely completion statistics by university main	62704
campuses.	62705

RESEARCH CHALLENGE

62706

The foregoing appropriation item 235-454, Research Challenge,	62707
shall be used to enhance the basic research capabilities of public	62708
colleges and universities and accredited Ohio institutions of	62709
higher education holding certificates of authorization issued	62710
pursuant to section 1713.02 of the Revised Code, in order to	62711
strengthen academic research for pursuing Ohio's economic	62712
redevelopment goals. The Board of Regents, in consultation with	62713
the colleges and universities, shall administer the Research	62714
Challenge Program and utilize a means of matching, on a fractional	62715
basis, external funds attracted in the previous year by	62716
institutions for basic research. The program may include	62717
incentives for increasing the amount of external research funds	62718
coming to eligible institutions and for focusing research efforts	62719
upon critical state needs. Colleges and universities shall submit	62720
for review and approval to the Board of Regents plans for the	62721
institutional allocation of state dollars received through the	62722
program. The institutional plans shall provide the rationale for	62723
the allocation in terms of the strategic targeting of funds for	62724
academic and state purposes, for strengthening research programs,	62725
and for increasing the amount of external research funds, and	62726
shall include an evaluation process to provide results of the	62727
increased support.	62728

The Board of Regents shall submit a biennial report of	62729
progress to the General Assembly.	62730

COMPUTER SCIENCE GRADUATE EDUCATION

62731

The foregoing appropriation item 235-554, Computer Science	62732
Graduate Education, shall be used by the Board of Regents to	62733
support improvements in graduate programs in computer science at	62734
state-assisted universities. In each fiscal year, up to $200,000	62735
may be used to support collaborative efforts in graduate education	62736
in this program area.	62737

Section 94.03.  HIGHER EDUCATION - BOARD OF TRUSTEES

62738

Funds appropriated for instructional subsidies at colleges	62739
and universities may be used to provide such branch or other	62740
off-campus undergraduate courses of study and such master's degree	62741
courses of study as may be approved by the Board of Regents.	62742

In providing instructional and other services to students,	62743
boards of trustees of state-assisted institutions of higher	62744
education shall supplement state subsidies by income from charges	62745
to students. Each board shall establish the fees to be charged to	62746
all students, including an instructional fee for educational and	62747
associated operational support of the institution and a general	62748
fee for noninstructional services, including locally financed	62749
student services facilities used for the benefit of enrolled	62750
students. The instructional fee and the general fee shall	62751
encompass all charges for services assessed uniformly to all	62752
enrolled students. Each board may also establish special purpose	62753
fees, service charges, and fines as required; such special purpose	62754
fees and service charges shall be for services or benefits	62755
furnished individual students or specific categories of students	62756
and shall not be applied uniformly to all enrolled students. A	62757
tuition surcharge shall be paid by all students who are not	62758
residents of Ohio.	62759

The board of trustees of a state-assisted institution of	62760
higher education shall not authorize a waiver or nonpayment of	62761
instructional fees or general fees for any particular student or	62762
any class of students other than waivers specifically authorized	62763
by law or approved by the Chancellor. This prohibition is not	62764
intended to limit the authority of boards of trustees to provide	62765
for payments to students for services rendered the institution,	62766
nor to prohibit the budgeting of income for staff benefits or for	62767
student assistance in the form of payment of such instructional	62768
and general fees.	62769

Each state-assisted institution of higher education in its	62770
statement of charges to students shall separately identify the	62771
instructional fee, the general fee, the tuition charge, and the	62772
tuition surcharge. Fee charges to students for instruction shall	62773
not be considered to be a price of service but shall be considered	62774
to be an integral part of the state government financing program	62775
in support of higher educational opportunity for students.	62776

In providing the appropriations in support of instructional	62777
services at state-assisted institutions of higher education and	62778
the appropriations for other instruction it is the intent of the	62779
General Assembly that faculty members shall devote a proper and	62780
judicious part of their work week to the actual instruction of	62781
students. Total class credit hours of production per quarter per	62782
full-time faculty member is expected to meet the standards set	62783
forth in the budget data submitted by the Board of Regents.	62784

The authority of government vested by law in the boards of	62785
trustees of state-assisted institutions of higher education shall	62786
in fact be exercised by those boards. Boards of trustees may	62787
consult extensively with appropriate student and faculty groups.	62788
Administrative decisions about the utilization of available	62789
resources, about organizational structure, about disciplinary	62790
procedure, about the operation and staffing of all auxiliary	62791
facilities, and about administrative personnel shall be the	62792
exclusive prerogative of boards of trustees. Any delegation of	62793
authority by a board of trustees in other areas of responsibility	62794
shall be accompanied by appropriate standards of guidance	62795
concerning expected objectives in the exercise of such delegated	62796
authority and shall be accompanied by periodic review of the	62797
exercise of this delegated authority to the end that the public	62798
interest, in contrast to any institutional or special interest,	62799
shall be served.	62800

Section 94.04.  MEDICAL SCHOOL SUBSIDIES

62801

The foregoing appropriation item 235-515, Case Western	62802
Reserve University School of Medicine, shall be disbursed to Case	62803
Western Reserve University through the Board of Regents in	62804
accordance with agreements entered into as provided for by section	62805
3333.10 of the Revised Code, provided that the state support per	62806
full-time medical student shall not exceed that provided to	62807
full-time medical students at state universities.	62808

The foregoing appropriation items 235-536, Ohio State	62809
University Clinical Teaching; 235-537, University of Cincinnati	62810
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	62811
Clinical Teaching; 235-539, Wright State University Clinical	62812
Teaching; 235-540, Ohio University Clinical Teaching; and 235-541,	62813
Northeastern Ohio Universities College of Medicine Clinical	62814
Teaching, shall be distributed through the Board of Regents.	62815

The foregoing appropriation item 235-572, Ohio State	62816
University Clinic Support, shall be distributed through the Board	62817
of Regents to The Ohio State University for support of dental and	62818
veterinary medicine clinics.	62819

The Board of Regents shall develop plans consistent with	62820
existing criteria and guidelines as may be required for the	62821
distribution of appropriation items 235-519, Family Practice,	62822
235-525, Geriatric Medicine, and 235-526, Primary Care	62823
Residencies.	62824

Of the foregoing appropriation item 235-539, Wright State	62825
University Clinical Teaching, $160,000 in each fiscal year shall	62826
be for the use of Wright State University's Ellis Institute for	62827
Clinical Teaching Studies to operate the clinical facility to	62828
serve the Greater Dayton area.	62829

PERFORMANCE STANDARDS FOR MEDICAL EDUCATION

62830

The Board of Regents, in consultation with the	62831
state-assisted medical colleges, shall develop performance	62832
standards for medical education. Special emphasis in the	62833
standards shall be placed on attempting to ensure that at least 50	62834
per cent of the aggregate number of students enrolled in	62835
state-assisted medical colleges continue to enter residency as	62836
primary care physicians. Primary care physicians are general	62837
family practice physicians, general internal medicine	62838
practitioners, and general pediatric care physicians. The Board	62839
of Regents shall monitor medical school performance in relation	62840
to their plans for reaching the 50 per cent systemwide standard	62841
for primary care physicians.	62842

The foregoing appropriation item 235-526, Primary Care	62843
Residencies, shall be distributed in each fiscal year of the	62844
biennium, based on whether the institution has submitted and	62845
gained approval for a plan. If the institution does not have an	62846
approved plan, it shall receive five per cent less funding per	62847
student than it would have received from its annual allocation.	62848
The remaining funding shall be distributed among those	62849
institutions that meet or exceed their targets.	62850

AREA HEALTH EDUCATION CENTERS

62851

The foregoing appropriation item 235-474, Area Health	62852
Education Centers Program Support, shall be used by the Board of	62853
Regents to support the medical school regional area health	62854
education centers' educational programs for the continued support	62855
of medical and other health professions education and for support	62856
of the Area Health Education Center Program.	62857

Of the foregoing appropriation item 235-474, Area Health	62858
Education Centers Program Support, $200,000 in each fiscal year	62859
shall be disbursed to the Ohio University College of Osteopathic	62860
Medicine for the establishment of a mobile health care unit to	62861
serve the southeastern area of the state. Of the foregoing	62862
appropriation item 235-474, Area Health Education Centers Program	62863
Support, $150,000 in each fiscal year shall be used to support the	62864
Ohio Valley Community Health Information Network (OVCHIN) project.	62865

Section 94.05. MIDWEST HIGHER EDUCATION COMPACT

62866

The foregoing appropriation item 235-408, Midwest Higher	62867
Education Compact, shall be distributed by the Board of Regents	62868
pursuant to section 3333.40 of the Revised Code.	62869

COLLEGE READINESS INITIATIVES

62870

Appropriation item 235-404, College Readiness Initiatives,	62871
shall be used by the Board of Regents to support programs	62872
designed to improve the ability of high school students to enroll	62873
and succeed in higher education.	62874

MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT

62875

Appropriation item 235-403, Math/Science Teaching	62876
Improvement, shall be used by the Board of Regents to support	62877
programs designed to raise the quality of mathematics and science	62878
teaching in primary and secondary education.	62879

Of the foregoing appropriation item 235-403, Mathematics and	62880
Science Teaching Improvement, $250,000 in each fiscal year shall	62881
be distributed to the Mathematics and Science Center in Lake	62882
County.	62883

Of the foregoing appropriation item 235-403, Mathematics and	62884
Science Teaching Improvement, $100,000 in each fiscal year shall	62885
be distributed to the Ohio Mathematics and Science Coalition.	62886

OHIO LEARNING NETWORK

62887

Appropriation item 235-417, Ohio Learning Network, shall be	62888
used by the Board of Regents to support the continued	62889
implementation of the Ohio Learning Network, a statewide	62890
electronic collaborative effort designed to promote degree	62891
completion of students, workforce training of employees, and	62892
professional development through the use of advanced	62893
telecommunications and distance education initiatives.	62894

DISPLACED HOMEMAKERS

62895

Out of the foregoing appropriation item 235-509, Displaced	62896
Homemakers, the Board of Regents shall continue funding pilot	62897
projects authorized in Am. Sub. H.B. No. 291 of the 115th General	62898
Assembly for the following centers: Cuyahoga Community College,	62899
University of Toledo, Southern State Community College, and Stark	62900
Technical College. The amount of $30,000 in each fiscal year	62901
shall be used for the Baldwin-Wallace Single Parents Reaching Out	62902
for Unassisted Tomorrows program.	62903

OHIO AEROSPACE INSTITUTE

62904

The foregoing appropriation item 235-527, Ohio Aerospace	62905
Institute, shall be distributed by the Board of Regents under	62906
section 3333.042 of the Revised Code.	62907

PRODUCTIVITY IMPROVEMENT CHALLENGE

62908

The foregoing appropriation item 235-455, Productivity	62909
Improvement Challenge, shall be allocated by the Board of Regents	62910
to continue increasing the capabilities of the EnterpriseOhio	62911
Network to meet the ongoing training needs of Ohio employers.	62912
Funds shall support multicampus collaboration, best practice	62913
dissemination, and capacity building projects. The Regents	62914
Advisory Committee for Workforce Development, in its advisory	62915
role, shall advise in the development of plans and activities.	62916

Of the foregoing appropriation item 235-455, Productivity	62917
Improvement Challenge, $208,000 in each fiscal year shall be used	62918
by the Dayton Business/Sinclair College Jobs Profiling Program.	62919

ACCESS IMPROVEMENT PROJECTS

62920

The foregoing appropriation item 235-477, Access Improvement	62921
Projects, shall be used by the Board of Regents to develop	62922
innovative statewide strategies to increase student access and	62923
retention for specialized populations, and to provide for pilot	62924
projects that will contribute to improving access to higher	62925
education by specialized populations. The funds may be used for	62926
projects that improve access for nonpublic secondary students.	62927

Of the foregoing appropriation item 235-477, Access	62928
Improvement Projects, $765,000 in each fiscal year shall be	62929
distributed to the Appalachian Center for Higher Education at	62930
Shawnee State University. The board of directors of the center	62931
shall consist of the presidents of Shawnee State University, Ohio	62932
University, Belmont Technical College, Hocking Technical College,	62933
Jefferson Community College, Muskingum Area Technical College, Rio	62934
Grande Community College, Southern State Community College, and	62935
Washington State Community College; the dean of one of the Salem,	62936
Tuscarawas, and East Liverpool regional campuses of Kent State	62937
University, as designated by the president of Kent State	62938
University; a representative of the Board of Regents designated	62939
by the Chancellor; and other members as may be determined by the	62940
Board of Regents.	62941

Of the foregoing appropriation item 235-477, Access	62942
Improvement Projects, $50,000 in fiscal year 2002 shall be	62943
distributed to the University of Rio Grande Site Improvement	62944
Planning project.	62945

Of the foregoing appropriation item 235-477, Access	62946
Improvement Projects, $135,000 in fiscal year 2002 shall be used	62947
to support the Access Appalachia Project.	62948

OHIO SUPERCOMPUTER CENTER

62949

The foregoing appropriation item 235-510, Ohio Supercomputer	62950
Center, shall be used by the Board of Regents to support the	62951
operation of the center, located at The Ohio State University, as	62952
a statewide resource available to Ohio research universities both	62953
public and private. It is also intended that the center be made	62954
accessible to private industry as appropriate. Policies of the	62955
center shall be established by a governance committee,	62956
representative of Ohio's research universities and private	62957
industry, to be appointed by the Chancellor of the Board of	62958
Regents and established for this purpose.	62959

OHIO ACADEMIC RESOURCES NETWORK (OARNET)

62960

The foregoing appropriation item 235-556, Ohio Academic	62961
Resources Network, shall be used to support the operations of the	62962
Ohio Academic Resources Network, which shall include support for	62963
Ohio's state-assisted colleges and universities in maintaining and	62964
enhancing network connections.	62965

Section 94.06. PLEDGE OF FEES*

62966

Any new pledge of fees, or new agreement for adjustment of	62967
fees, made in the 2001-2003 biennium to secure bonds or notes of a	62968
state-assisted institution of higher education for a project for	62969
which bonds or notes were not outstanding on the effective date of	62970
this section shall be effective only after approval by the Board	62971
of Regents, unless approved in a previous biennium.	62972

HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE

62973

The foregoing appropriation item 235-909, Higher Education	62974
General Obligation Debt Service, shall be used to pay all debt	62975
service and financing costs at the times they are required to be	62976
made pursuant to sections 151.01 and 151.04 of the Revised Code	62977
during the period from July 1, 2001, to June 30, 2003. The Office	62978
of the Sinking Fund or the Director of Budget and Management shall	62979
effectuate the required payments by an interstate transfer	62980
voucher.	62981

Of the foregoing appropriation item 235-909, Higher Educatoin	62982
General Obligation Debt Service, surplus funds net of encumbrances	62983
from the appropriation for fiscal year 2002 shall be	62984
reappropriated to appropriation item 235-501, State Share of	62985
Instruction, for fiscal year 2003.	62986

LEASE RENTAL PAYMENTS

62987

The foregoing appropriation item 235-401, Lease Rental	62988
Payments, shall be used to meet all payments at the times they are	62989
required to be made during the period from July 1, 2001, to June	62990
30, 2003, by the Board of Regents pursuant to leases and	62991
agreements made under section 154.21 of the Revised Code, but	62992
limited to the aggregate amount of $563,969,000. Nothing in this	62993
act shall be deemed to contravene the obligation of the state to	62994
pay, without necessity for further appropriation, from the sources	62995
pledged thereto, the bond service charges on obligations issued	62996
pursuant to section 154.21 of the Revised Code.	62997

Of the forgoing appropriation item 235-401, Lease-Rental	62998
Payments, surplus funds net of encumbrances from the appropriation	62999
for fiscal year 2002 shall be reappropriated to appropriation item	63000
235-501, State Share of Instruction, for fiscal year 2003.	63001

Section 94.07. OHIO INSTRUCTIONAL GRANTS

63002

Notwithstanding section 3333.12 of the Revised Code, in lieu	63003
of the tables in that section, instructional grants for all	63004
full-time students shall be made for fiscal year 2002 using the	63005
tables under this heading.	63006

The tables under this heading prescribe the maximum grant	63007
amounts covering two semesters, three quarters, or a comparable	63008
portion of one academic year. The grant amount for a full-time	63009
student enrolled in an eligible institution for a semester or	63010
quarter in addition to the portion of the academic year covered by	63011
a grant determined under these tables shall be a percentage of the	63012
maximum prescribed in the applicable table. The maximum grant for	63013
a fourth quarter shall be one-third of the maximum amount	63014
prescribed under the table. The maximum grant for a third semester	63015
shall be one-half of the maximum amount prescribed under the	63016
table.	63017

For a full-time student who is a dependent and enrolled in a	63018
nonprofit educational institution that is not a state-assisted	63019
institution and that has a certificate of authorization issued	63020
pursuant to Chapter 1713. of the Revised Code, the amount of the	63021
instructional grant for two semesters, three quarters, or a	63022
comparable portion of the academic year shall be determined in	63023
accordance with the following table:	63024

Private Institution

63025

Table of Grants

63026

For a full-time student who is financially independent and	63047
enrolled in a nonprofit educational institution that is not a	63048
state-assisted institution and that has a certificate of	63049
authorization issued pursuant to Chapter 1713. of the Revised	63050
Code, the amount of the instructional grant for two semesters,	63051
three quarters, or a comparable portion of the academic year shall	63052
be determined in accordance with the following table:	63053

Private Institution

63054

Table of Grants

63055

For a full-time student who is a dependent and enrolled in an	63077
educational institution that holds a certificate of registration	63078
from the state board of proprietary school registration, the	63079
amount of the instructional grant for two semesters, three	63080
quarters, or a comparable portion of the academic year shall be	63081
determined in accordance with the following table:	63082

Proprietary Institution

63083

Table of Grants

63084

For a full-time student who is financially independent and	63105
enrolled in an educational institution that holds a certificate of	63106
registration from the state board of proprietary school	63107
registration, the amount of the instructional grant for two	63108
semesters, three quarters, or a comparable portion of the academic	63109
year shall be determined in accordance with the following table:	63110

Proprietary Institution

63111

Table of Grants

63112

For a full-time student who is a dependent and enrolled in a	63134
state-assisted educational institution, the amount of the	63135
instructional grant for two semesters, three quarters, or a	63136
comparable portion of the academic year shall be determined in	63137
accordance with the following table:	63138

Public Institution

63139

Table of Grants

63140

For a full-time student who is financially independent and	63161
enrolled in a state-assisted educational institution, the amount	63162
of the instructional grant for two semesters, three quarters, or a	63163
comparable portion of the academic year shall be determined in	63164
accordance with the following table:	63165

Public Institution

63166

Table of Grants

63167

The foregoing appropriation item 235-503, Ohio Instructional	63189
Grants, shall be used to make the payments authorized by division	63190
(C) of section 3333.26 of the Revised Code to the institutions	63191
described in that division. In addition, this appropriation shall	63192
be used to reimburse the institutions described in division (B) of	63193
section 3333.26 of the Revised Code for the cost of the waivers	63194
required by that division.	63195

Of the appropriation item 235-503, Ohio Instructional Grants,	63196
surplus funds net of encumbrances from the appropriation for	63197
fiscal year 2002 shall be reappropriated to appropriation item	63198
235-534, Student Workforce Development Grants, for fiscal year	63199
2003.	63200

WAR ORPHANS SCHOLARSHIPS

63201

The foregoing appropriation item 235-504, War Orphans	63202
Scholarships, shall be used to reimburse state-assisted	63203
institutions of higher education for waivers of instructional fees	63204
and general fees provided by them, to provide grants to	63205
institutions that have received a certificate of authorization	63206
from the Ohio Board of Regents under Chapter 1713. of the Revised	63207
Code, in accordance with the provisions of section 5910.04 of the	63208
Revised Code, and to fund additional scholarship benefits provided	63209
by section 5910.032 of the Revised Code.	63210

PART-TIME STUDENT INSTRUCTIONAL GRANTS

63211

The foregoing appropriation item 235-549, Part-time Student	63212
Instructional Grants, shall be used to support a grant program for	63213
part-time undergraduate students who are Ohio residents and who	63214
are enrolled in degree granting programs.	63215

Eligibility for participation in the program shall include	63216
degree granting educational institutions that hold a certificate	63217
of registration from the State Board of Proprietary School	63218
Registration, and nonprofit institutions that have a certificate	63219
of authorization issued pursuant to Chapter 1713. of the Revised	63220
Code, as well as state-assisted colleges and universities. Grants	63221
shall be given to students on the basis of need, as determined by	63222
the college, which, in making these determinations, shall give	63223
special consideration to single-parent heads-of-household and	63224
displaced homemakers who enroll in an educational degree program	63225
that prepares the individual for a career. In determining need,	63226
the college also shall consider the availability of educational	63227
assistance from a student's employer. It is the intent of the	63228
General Assembly that these grants not supplant such assistance.	63229

Section 94.08. STUDENT CHOICE GRANTS

63230

The foregoing appropriation item 235-531, Student Choice	63231
Grants, shall be used to support the Student Choice Grant Program	63232
created by section 3333.27 of the Revised Code.	63233

STUDENT WORKFORCE DEVELOPMENT GRANTS

63234

The foregoing appropriation item 235-534, Student Workforce	63235
Development Grants, shall be used to support the Student Workforce	63236
Development Grant Program. Of the appropriated funds available,	63237
the Board of Regents shall distribute grants to each eligible	63238
student in an academic year. The size of each grant award shall	63239
be determined by the Board of Regents based on the amount of funds	63240
available for the program.	63241

ACADEMIC SCHOLARSHIPS

63242

The foregoing appropriation item 235-530, Academic	63243
Scholarships, shall be used to provide academic scholarships to	63244
students under section 3333.22 of the Revised Code. The annual	63245
scholarship amount awarded to any student who receives a	63246
scholarship for the 2001-2002 academic year shall be $2,100, and	63247
the annual scholarship amount awarded to any student who receives	63248
a scholarship for the 2002-2003 academic year shall be $2,205.	63249

PHYSICIAN LOAN REPAYMENT

63250

The foregoing appropriation item 235-604, Physician Loan	63251
Repayment, shall be used in accordance with sections 3702.71 to	63252
3702.81 of the Revised Code.	63253

NURSING LOAN PROGRAM

63254

The foregoing appropriation item 235-606, Nursing Loan	63255
Program, shall be used to administer the nurse education	63256
assistance program. Up to $159,600 in fiscal year 2002 and	63257
$167,580 in fiscal year 2003 may be used for operating expenses	63258
associated with the program. Any additional funds needed for the	63259
administration of the program are subject to Controlling Board	63260
approval.	63261

Section 94.09. COOPERATIVE EXTENSION SERVICE

63262

Of the foregoing appropriation item 235-511, Cooperative	63263
Extension Service, $210,000 in each fiscal year shall be used for	63264
additional staffing for county agents for expanded 4-H activities.	63265
Of the foregoing appropriation item 235-511, Cooperative Extension	63266
Service, $210,000 in each fiscal year shall be used by the	63267
Cooperative Extension Service, through the Enterprise Center for	63268
Economic Development in cooperation with other agencies, for a	63269
public-private effort to create and operate a small business	63270
economic development program to enhance the development of	63271
alternatives to the growing of tobacco, and implement, through	63272
applied research and demonstration, the production and marketing	63273
of other high-value crops and value-added products. Of the	63274
foregoing appropriation item 235-511, Cooperative Extension	63275
Service, $65,000 in each fiscal year shall be used for farm labor	63276
mediation and education programs. Of the foregoing appropriation	63277
item 235-511, Cooperative Extension Service, $215,000 in each	63278
fiscal year shall be used to support the Ohio State University	63279
Marion Enterprise Center.	63280

Of the foregoing appropriation item 235-511, Cooperative	63281
Extension Service, $910,500 in each fiscal year shall be used to	63282
support the Ohio Watersheds Initiative.	63283

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

63284

Of the foregoing appropriation item 235-535, Ohio	63285
Agricultural Research and Development Center, $950,000 in each	63286
fiscal year shall be distributed to the Piketon Agricultural	63287
Research and Extension Center.	63288

Of the foregoing appropriation item 235-535, Ohio	63289
Agricultural Research and Development Center, $250,000 in each	63290
fiscal year shall be distributed to the	63291
Raspberry/Strawberry-Ellagic Acid Research program at the Ohio	63292
State University Medical College in cooperation with the Ohio	63293
State University College of Agriculture.	63294

Of the foregoing appropriation item 235-535, Ohio	63295
Agricultural Research and Development Center, $50,000 in each	63296
fiscal year shall be used to support the Ohio Berry Administrator.	63297

Of the foregoing appropriation item 235-535, Ohio	63298
Agricultural Research and Development Center, $100,000 in each	63299
fiscal year shall be used for the development of agricultural	63300
crops and products not currently in widespread production in Ohio,	63301
in order to increase the income and viability of family farmers.	63302

COOPERATIVE EXTENSION SERVICE AND OHIO AGRICULTURAL RESEARCH	63303
AND DEVELOPMENT CENTER	63304

The foregoing appropriation items 235-511, Cooperative	63305
Extension Service, and 235-535, Ohio Agricultural Research and	63306
Development Center, shall be disbursed through the Board of	63307
Regents to The Ohio State University in monthly payments, unless	63308
otherwise determined by the Director of Budget and Management	63309
pursuant to section 126.09 of the Revised Code. Of the foregoing	63310
appropriation item 235-535, Ohio Agricultural Research and	63311
Development Center, $540,000 in each fiscal year shall be used to	63312
purchase equipment.	63313

The Ohio Agricultural Research and Development Center shall	63314
not be required to remit payment to The Ohio State University	63315
during the 2001-2003 biennium for cost reallocation assessments.	63316
The cost reallocation assessments include, but are not limited to,	63317
any assessment on state appropriations to the center.	63318

Section 94.10.  SEA GRANTS

63319

The foregoing appropriation item 235-402, Sea Grants, shall	63320
be disbursed to The Ohio State University and shall be used to	63321
conduct research on fish in Lake Erie.	63322

INFORMATION SYSTEM

63323

The foregoing appropriation item 235-409, Information System,	63324
shall be used by the Board of Regents to operate the higher	63325
education information data system known as the Higher Education	63326
Information System.	63327

STUDENT SUPPORT SERVICES

63328

The foregoing appropriation item 235-502, Student Support	63329
Services, shall be distributed by the Board of Regents to Ohio's	63330
state-assisted colleges and universities that incur	63331
disproportionate costs in the provision of support services to	63332
disabled students.	63333

CENTRAL STATE SUPPLEMENT

63334

The foregoing appropriation item 235-514, Central State	63335
Supplement, shall be used by Central State University to keep	63336
undergraduate fees below the statewide average, consistent with	63337
its mission of service to many first-generation college students	63338
from groups historically underrepresented in higher education and	63339
from families with limited incomes.	63340

SHAWNEE STATE SUPPLEMENT

63341

The foregoing appropriation item 235-520, Shawnee State	63342
Supplement, shall be used by Shawnee State University as detailed	63343
by both of the following:	63344

(A) To allow Shawnee State University to keep its	63345
undergraduate fees below the statewide average, consistent with	63346
its mission of service to an economically depressed Appalachian	63347
region;	63348

(B) To allow Shawnee State University to employ new faculty	63349
to develop and teach in new degree programs that meet the needs of	63350
Appalachians.	63351

POLICE AND FIRE PROTECTION

63352

The foregoing appropriation item 235-524, Police and Fire	63353
Protection, shall be used for police and fire services in the	63354
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	63355
Portsmouth, Xenia Township (Greene County), and Rootstown	63356
Township, which may be used to assist these local governments in	63357
providing police and fire protection for the central campus of the	63358
state-affiliated university located therein. Each participating	63359
municipality and township shall receive at least five thousand	63360
dollars per year. Funds shall be distributed by the Board of	63361
Regents.	63362

SCHOOL OF INTERNATIONAL BUSINESS

63363

Of the foregoing appropriation item 235-547, School of	63364
International Business, $1,218,764 in each fiscal year shall be	63365
used for the continued development and support of the School of	63366
International Business of the state universities of northeast	63367
Ohio. The money shall go to the University of Akron. These funds	63368
shall be used by the university to establish a School of	63369
International Business located at the University of Akron. It may	63370
confer with Kent State University, Youngstown State University,	63371
and Cleveland State University as to the curriculum and other	63372
matters regarding the school.	63373

Of the foregoing appropriation item 235-547, School of	63374
International Business, $245,000 in each fiscal year shall be used	63375
by the University of Toledo College of Business for expansion of	63376
its international business programs.	63377

Of the foregoing appropriation item 235-547, School of	63378
International Business, $245,000 in each fiscal year shall be used	63379
by to support the Ohio State University BioMEMS program.	63380

CAPITAL COMPONENT

63381

The foregoing appropriation item 235-552, Capital Component,	63382
shall be used by the Board of Regents to implement the capital	63383
funding policy for state-assisted colleges and universities	63384
established in Am. H.B. No. 748 of the 121st General Assembly.	63385
Appropriations from this item shall be distributed to all campuses	63386
for which the estimated campus debt service attributable to new	63387
qualifying capital projects is less than the campus's	63388
formula-determined capital component allocation. Campus	63389
allocations shall be determined by subtracting the estimated	63390
campus debt service attributable to new qualifying capital	63391
projects from the campus formula-determined capital component	63392
allocation. Moneys distributed from this appropriation item shall	63393
be restricted to capital-related purposes.	63394

DAYTON AREA GRADUATE STUDIES INSTITUTE

63395

The foregoing appropriation item 235-553, Dayton Area	63396
Graduate Studies Institute, shall be used by the Board of Regents	63397
to support the Dayton Area Graduate Studies Institute, an	63398
engineering graduate consortium of three universities in the	63399
Dayton area: Wright State University, the University of Dayton,	63400
and the Air Force Institute of Technology, with the participation	63401
of the University of Cincinnati and The Ohio State University.	63402

LONG-TERM CARE RESEARCH

63403

The foregoing appropriation item 235-558, Long-term Care	63404
Research, shall be disbursed to Miami University for long-term	63405
care research.	63406

BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER

63407

The foregoing appropriation item 235-561, Bowling Green State	63408
University Canadian Studies Center, shall be used by the Canadian	63409
Studies Center at Bowling Green State University to study	63410
opportunities for Ohio and Ohio businesses to benefit from the	63411
Free Trade Agreement between the United States and Canada.	63412

URBAN UNIVERSITY PROGRAMS

63413

Of the foregoing appropriation item 235-583, Urban University	63414
Programs, universities receiving funds that are used to support an	63415
ongoing university unit shall certify periodically in a manner	63416
approved by the Board of Regents that program funds are being	63417
matched on a one-to-one basis with equivalent resources. Overhead	63418
support may not be used to meet this requirement. Where Urban	63419
University Program funds are being used to support an ongoing	63420
university unit, matching funds must come from continuing rather	63421
than one-time sources. At each participating state-assisted	63422
institution of higher education, matching funds must be within the	63423
substantial control of the individual designated by the	63424
institution's president as the Urban University Program	63425
representative.	63426

Of the foregoing appropriation item 235-583, Urban University	63427
Programs, $372,400 in each fiscal year shall be used to support a	63428
public communication outreach program (WCPN). The primary purpose	63429
of the program shall be to develop a relationship between	63430
Cleveland State University and nonprofit communications entities.	63431

Of the foregoing appropriation item 235-583, Urban University	63432
Programs, $176,400 in each fiscal year shall be used to support	63433
the Center for the Interdisciplinary Study of Education and the	63434
Urban Child at Cleveland State University. These funds shall be	63435
distributed according to rules adopted by the Board of Regents and	63436
shall be used by the center for interdisciplinary activities	63437
targeted toward increasing the chance of lifetime success of the	63438
urban child, including interventions beginning with the prenatal	63439
period. The primary purpose of the center is to study issues in	63440
urban education and to systematically map directions for new	63441
approaches and new solutions by bringing together a cadre of	63442
researchers, scholars, and professionals representing the social,	63443
behavioral, education, and health disciplines.	63444

Of the foregoing appropriation item 235-583, Urban University	63445
Programs, $254,800 in each fiscal year shall be used to support	63446
the Kent State University Learning and Technology Project. This	63447
project is a kindergarten through university collaboration between	63448
schools surrounding Kent's eight campuses in northeast Ohio, and	63449
corporate partners who will assist in development and delivery.	63450

The Kent State University Project shall provide a faculty	63451
member who has a full-time role in the development of	63452
collaborative activities and teacher instructional programming	63453
between Kent and the K-12th grade schools that surround its eight	63454
campuses; appropriate student support staff to facilitate these	63455
programs and joint activities; and hardware and software to	63456
schools that will make possible the delivery of instruction to	63457
pre-service and in-service teachers, and their students, in their	63458
own classrooms or school buildings. This shall involve the	63459
delivery of low-bandwidth streaming video and web-based	63460
technologies in a distributed instructional model.	63461

Of the foregoing appropriation item 235-583, Urban University	63462
Programs, $98,000 in each fiscal year shall be used to support the	63463
Ameritech Classroom/Center for Research at Kent State University.	63464

Of the foregoing appropriation item 235-583, Urban University	63465
Programs, $980,000 in each fiscal year shall be used to support	63466
the Polymer Distance Learning Project at the University of Akron.	63467

Of the foregoing appropriation item 235-583, Urban University	63468
Programs, $49,000 in each fiscal year shall be distributed to the	63469
Kent State University/Cleveland Design Center program.	63470

Of the foregoing appropriation item 235-583, Urban University	63471
Programs, $245,000 in each fiscal year shall be used to support	63472
the Bliss Institute of Applied Politics at the University of	63473
Akron.	63474

Of the foregoing appropriation item 235-583, Urban University	63475
Programs, $14,700 in each fiscal year shall be used for the	63476
Advancing-Up Program at the University of Akron.	63477

Of the foregoing appropriation item 235-583, Urban University	63478
Programs, in each fiscal year $2,156,629 shall be distributed by	63479
the Board of Regents to Cleveland State University in support of	63480
the Maxine Goodman Levin College of Urban Affairs.	63481

Of the foregoing appropriation item 235-583, Urban University	63482
Programs, in each fiscal year $2,156,630 shall be distributed to	63483
the Northeast Ohio Research Consortium, the Urban Linkages	63484
Program, and the Urban Research Technical Assistance Grant	63485
Program. The distribution among the three programs shall be	63486
determined by the chair of the Urban University Program.	63487

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

63488

The foregoing appropriation item 235-595, International	63489
Center for Water Resources Development, shall be used to support	63490
the International Center for Water Resources Development at	63491
Central State University. The center shall develop methods to	63492
improve the management of water resources for Ohio and for	63493
emerging nations.	63494

RURAL UNIVERSITY PROJECTS

63495

Of the foregoing appropriation item 235-587, Rural University	63496
Projects, Bowling Green State University shall receive $212,072 in	63497
each fiscal year, Miami University shall receive $324,503 in each	63498
fiscal year, and Ohio University shall receive $740,977 in each	63499
fiscal year. These funds shall be used to support the Institute	63500
for Local Government Administration and Rural Development at Ohio	63501
University, the Center for Public Management and Regional Affairs	63502
at Miami University, and the Center for Policy Analysis and Public	63503
Service at Bowling Green State University.	63504

Of the foregoing appropriation item 235-587, Rural University	63505
Projects, $24,500 in each fiscal year shall be used to support the	63506
Washington State Community College day care center.	63507

Of the foregoing appropriation item 235-587, Rural University	63508
Projects, $73,500 in each fiscal year shall be used to support	63509
the COAD/ILGARD/GOA Appalachian Leadership Initiative.	63510

A small portion of the funds provided to Ohio University	63511
shall also be used for the Institute for Local Government	63512
Administration and Rural Development State and Rural Policy	63513
Partnership with the Governor's Office of Appalachia and the	63514
Appalachian delegation of the General Assembly.	63515

OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE, AND READING

63516

The foregoing appropriation item 235-588, Ohio Resource	63517
Center for Mathematics, Science, and Reading, shall be used to	63518
support a resource center for mathematics, science, and reading to	63519
be located at a state-assisted university for the purpose of	63520
identifying best educational practices in primary and secondary	63521
schools and establishing methods for communicating them to	63522
colleges of education and school districts.	63523

HAZARDOUS MATERIALS PROGRAM

63524

The foregoing appropriation item 235-596, Hazardous Materials	63525
Program, shall be disbursed to Cleveland State University for the	63526
operation of a program to certify firefighters for the handling of	63527
hazardous materials. Training shall be available to all Ohio	63528
firefighters.	63529

Of the foregoing appropriation item 235-596, Hazardous	63530
Materials Program, $150,000 in each fiscal year shall be used to	63531
support the Center for the Interdisciplinary Study of Education	63532
and Leadership in Public Service at Cleveland State University.	63533
These funds shall be distributed by the Board of Regents and shall	63534
be used by the center targeted toward increasing the role of	63535
special populations in public service and not-for-profit	63536
organizations. The primary purpose of the center is to study	63537
issues in public service and to guide strategies for attracting	63538
new communities into public service occupations by bringing	63539
together a cadre of researchers, scholars and professionals	63540
representing the public administration, social behavioral, and	63541
education disciplines.	63542

NATIONAL GUARD SCHOLARSHIP PROGRAM

63543

The Board of Regents shall disburse funds from appropriation	63544
item 235-599, National Guard Scholarship Program, at the direction	63545
of the Adjutant General.	63546

OHIO HIGHER EDUCATIONAL FACILITY COMMISSION SUPPORT

63547

The foregoing appropriation item 235-602, HEFC	63548
Administration, shall be used by the Board of Regents for	63549
operating expenses related to the Board of Regents' support of the	63550
activities of the Ohio Higher Educational Facility Commission.	63551
Upon the request of the chancellor, the Director of Budget and	63552
Management shall transfer up to $12,000 cash from Fund 461 to Fund	63553
4E8 in each fiscal year of the biennium.	63554

CAPITAL SCHOLARSHIP PROGRAMS

63555

The Chancellor of the Board of Regents may, for the purpose	63556
of providing up to one hundred twenty-five scholarships in each	63557
fiscal year in the amount of $2,000 each for students enrolled in	63558
Ohio's public and private institutions of higher education to	63559
participate in the Washington Center Internship Program, utilize	63560
any funds from any appropriation within the budget of the Board of	63561
Regents that the Chancellor determines to be available, not to	63562
exceed $250,000 in any fiscal year. The scholarships shall be	63563
matched by the Washington Center's scholarship funds.	63564

Section 94.11. BREAKTHROUGH INVESTMENTS

63565

OHIO PLAN STUDY COMMITTEE

63566

There is established the Ohio Plan Study Committee, which	63567
shall determine appropriate ways to fund the Ohio Plan for	63568
Technology and Development. The Study Committee shall consist of	63569
the Governor's Science Advisor, the Director of Budget and	63570
Management, the Chancellor of the Board of Regents, the Director	63571
of Development, three members of the House of Representatives	63572
appointed by the Speaker, of whom no more than two shall be of the	63573
same political party, and three members of the Senate appointed by	63574
the President, of whom no more than two shall be of the same	63575
political party. Administrative support for the Study Committee	63576
shall be provided by the Board of Regents. The Study Committee	63577
shall report its recommendations to the Governor and the General	63578
Assembly no later than December 31, 2001. After it submits its	63579
report, the Study Committee shall cease to exist. The Ohio Plan	63580
for Technology and Development is intended to promote	63581
collaborative efforts among state government, higher education,	63582
and business and industry that will lead to the development of New	63583
Economy applications of science and technology and, ultimately,	63584
new business start-ups in the state and increased economic	63585
prosperity for the citizens of Ohio.	63586

APPALACHIAN NEW ECONOMY PARTNERSHIP

63587

The foregoing appropriation item 235-428, Appalachian New	63588
Economy Partnership, shall be distributed to Ohio University to	63589
begin a multi-campus and multi-agency coordinated effort to link	63590
Appalachia to the new economy. Ohio University shall use these	63591
funds to provide leadership in the development and implementation	63592
of initiatives in the areas of entrepreneurship, management,	63593
education, and technology.	63594

Section 94.12. SCIENCE AND TECHNOLOGY COLLABORATION

63595

The Board of Regents shall work in close collaboration with	63596
the Department of Development, the Biomedical Research and	63597
Technology Transfer Commission, created within the Board of	63598
Regents by section 183.20 of the Revised Code, and the Technology	63599
Action Board in relation to appropriation items and programs	63600
listed in the following paragraph, and other technology-related	63601
appropriations and programs in the Department of Development and	63602
the Board of Regents as these agencies may designate, to ensure	63603
implementation of a coherent state strategy with respect to	63604
science and technology.	63605

Each of the following appropriations and programs: 194-401,	63606
Thomas Edison Program; 195-408, Coal Research Development;	63607
195-422, Technology Action; 195-632, Coal Research and Development	63608
Fund; 235-428, Appalachian New Economy Partnership; 235-454,	63609
Research Challenge; 235-510, Ohio Supercomputer Center; 235-527,	63610
Ohio Aerospace Institute; 235-535, Agricultural Research and	63611
Development Center; 235-554, Computer Science Graduate Education;	63612
235-556, Ohio Academic Resources Network; and 235-405, Biomedical	63613
Research and Technology Transfer Commission, shall be reviewed	63614
annually by the Technology Action Board with respect to its	63615
development of complementary relationships within a combined state	63616
science and technology investment portfolio and its overall	63617
contribution to the state's science and technology strategy,	63618
including the adoption of appropriately consistent criteria for:	63619
(1) the scientific merit of activities supported by the program;	63620
(2) the relevance of the program's activities to commercial	63621
opportunities in the private sector; and (3) the private sector's	63622
involvement in a process that continually evaluates commercial	63623
opportunities to use the work supported by the program. The	63624
annual review by the Technology Action Board shall be a	63625
comprehensive review of the entire state science and technology	63626
program portfolio rather than a review of individual programs.	63627

Section 94.13.  REPAYMENT OF RESEARCH FACILITY INVESTMENT	63628
FUND MONEYS	63629

Notwithstanding any provision of law to the contrary, all	63630
repayments of Research Facility Investment Fund loans shall be	63631
made to the Bond Service Trust Fund. All Research Facility	63632
Investment Fund loan repayments made prior to the effective date	63633
of this section shall be transferred by the Director of Budget and	63634
Management to the Bond Service Trust Fund within sixty days of the	63635
effective date of this section.	63636

Campuses shall make timely repayments of Research Facility	63637
Investment Fund loans, according to the schedule established by	63638
the Board of Regents. In the case of late payments, the Board of	63639
Regents may deduct from an institution's periodic subsidy	63640
distribution an amount equal to the amount of the overdue payment	63641
for that institution, transfer such amount to the Bond Service	63642
Trust Fund, and credit the appropriate institution for the	63643
repayment.	63644

VETERANS' PREFERENCES

63645

The Board of Regents shall work with the Governor's Office of	63646
Veterans' Affairs to develop specific veterans' preference	63647
guidelines for higher education institutions. These guidelines	63648
shall ensure that the institutions' hiring practices are in	63649
accordance with the intent of Ohio's veterans' preference laws.	63650

OHIO STATE UNIVERSITY VETERINARY CLINIC

63651

Notwithstanding anything to the contrary in sections 9.33,	63652
123.01, and 3345.50 and Chapter 153. of the Revised Code, The Ohio	63653
State University may negotiate, enter into, and locally administer	63654
a contract which combines the design and construction elements of	63655
the project into a single contract for the College of Veterinary	63656
Medicine Large Animal Clinic in Union County, Ohio. This project,	63657
costing approximately $1,200,000, is funded with university funds.	63658

Section 94.14.  CENTRAL STATE UNIVERSITY

63659

(A) Notwithstanding sections 3345.72, 3345.74, 3345.75, and	63660
3345.76 of the Revised Code and rule 126:3-1-01 of the	63661
Administrative Code, Central State University shall adhere to the	63662
following fiscal standards:	63663

(1) Maintenance of a balanced budget and filing of quarterly	63664
reports on an annualized budget with the Board of Regents,	63665
comparing the budget to actual spending and revenues with	63666
projected expenditures and revenues for the remainder of the year.	63667
Such reports shall include narrative explanations as appropriate	63668
and be filed within 30 days of the end of the quarter.	63669

(2) Timely and accurate assessment of the current and	63670
projected cash flow of university funds, by fund type;	63671

(3) Timely reconciliation of all university cash and general	63672
ledger accounts, by fund;	63673

(4) Submission to the Auditor of State of financial	63674
statements consistent with audit requirements prescribed by the	63675
Auditor of State within four months after the end of the fiscal	63676
year;	63677

(5) Completion of an audit within six months after the end	63678
of the fiscal year.	63679

The Director of Budget and Management shall provide	63680
clarification to the university on these fiscal standards as	63681
deemed necessary. The director also may take such actions as are	63682
necessary to ensure that the university adheres to these standards	63683
and other fiscal standards consistent with generally accepted	63684
accounting principles and the requirements of external entities	63685
providing funding to the university. Such actions may include the	63686
appointment of a financial consultant to assist Central State	63687
University in the continuous process of design and implementation	63688
of responsible systems of financial management and accounting.	63689

(B) The director's fiscal oversight shall continue until	63690
such time as the university meets the same criteria as those	63691
created in paragraph (F) of rule 126:3-1-01 of the Administrative	63692
Code for the termination of a fiscal watch. At that time Central	63693
State University shall be relieved of the requirements of this	63694
section and subject to the requirements of sections 3345.72,	63695
3345.74, 3345.75, and 3345.76 of the Revised Code.	63696

Any encumbered funds remaining from appropriation item	63697
042-407, Central State Deficit, as appropriated in Am. Sub. S.B. 6	63698
of the 122nd General Assembly shall be released during the	63699
2001-2003 biennium for nonrecurring expenses contingent upon the	63700
approval of the Director of Budget and Management.	63701

Section 95.  DRC DEPARTMENT OF REHABILITATION AND CORRECTION

63702

General Services Fund Group

63720

Federal Special Revenue Fund Group

63731

Intragovernmental Service Fund Group

63736

OHIO BUILDING AUTHORITY LEASE PAYMENTS

63742

The foregoing appropriation item 501-406, Lease Rental	63743
Payments, shall be used for payments to the Ohio Building	63744
Authority for the period July 1, 2001, to June 30, 2003, pursuant	63745
to the primary leases and agreements for those buildings made	63746
under Chapter 152. of the Revised Code in the amount of	63747
$287,770,100, which are the source of funds pledged for bond	63748
service charges on related obligations issued pursuant to Chapter	63749
152. of the Revised Code.	63750

PRISONER COMPENSATION

63751

Money from the foregoing appropriation item 501-403, Prisoner	63752
Compensation, shall be transferred on a quarterly basis by	63753
intrastate transfer voucher to Fund 148 for the purposes of paying	63754
prisoner compensation.	63755

CBCF Title XX FUNDS

63756

Not later than July 15, 2001, the Director of Budget and	63757
Management shall transfer $3,600,000 from Fund 3W3, Adult Special	63758
Needs, to the General Revenue Fund. Not later than July 15, 2002,	63759
the Director of Budget and Management shall transfer $3,600,000	63760
from Fund 3W3, Adult Special Needs, to the General Revenue Fund.	63761

INMATE DEVELOPMENT PROGRAM

63762

Of the foregoing appropriation item 503-321, Parole and	63763
Community Operations, at least $30,000 in each fiscal year shall	63764
be used for an inmate development program.	63765

INSTITUTION RECOVERY SERVICES

63766

Of the foregoing appropriation item 507-321, Institution	63767
Recovery Services, $50,000 in each fiscal year shall be used to	63768
fund a demonstration project using innovative alcohol and	63769
substance abuse treatment methods.	63770

Section 96.  RSC REHABILITATION SERVICES COMMISSION

63771

General Revenue Fund

63772

General Services Fund Group

63786

Federal Special Revenue Fund Group

63791

State Special Revenue Fund Group

63804

STAND CONCESSIONS FUND - CREDITING OF INCOME

63810

In crediting interest and other income earned on moneys	63811
deposited in the Stand Concessions Fund (Fund 467), the Treasurer	63812
of State and Director of Budget and Management shall ensure that	63813
the requirements of section 3304.35 of the Revised Code are met.	63814

PERSONAL CARE ASSISTANCE

63815

The foregoing appropriation item 415-401, Personal Care	63816
Assistance, shall be used in addition to Social Security	63817
reimbursement funds to provide personal care assistance services.	63818
These funds shall not be used in lieu of Social Security	63819
reimbursement funds.	63820

MR/DD SERVICES

63821

The foregoing appropriation item 415-404, MR/DD Services,	63822
shall be used as state matching funds to provide vocational	63823
rehabilitation services to mutually eligible clients between the	63824
Rehabilitation Services Commission and the Department of Mental	63825
Retardation and Developmental Disabilities. The Rehabilitation	63826
Services Commission shall report to the Department of Mental	63827
Retardation and Developmental Disabilities, as outlined in an	63828
interagency agreement, on the number and status of mutually	63829
eligible clients and the status of the funds and expenditures for	63830
these clients.	63831

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

63832

The foregoing appropriation item 415-405, Vocational	63833
Rehabilitation/Job and Family Services, shall be used as state	63834
matching funds to provide vocational rehabilitation services to	63835
mutually eligible clients between the Rehabilitation Services	63836
Commission and the Department of Job and Family Services. The	63837
Rehabilitation Services Commission shall report to the Department	63838
of Job and Family Services, as outlined in an interagency	63839
agreement, on the number and status of mutually eligible clients	63840
and the status of the funds and expenditures for these clients.	63841

ASSISTIVE TECHNOLOGY

63842

The foregoing appropriation item 415-406, Assistive	63843
Technology, shall be provided to Assistive Technology of Ohio and	63844
shall be used only to provide grants under that program. No	63845
amount of the appropriation may be used for administrative costs.	63846

OFFICE FOR PEOPLE WITH BRAIN INJURY

63847

Of the foregoing appropriation item 415-431, Office for	63848
People with Brain Injury, $100,000 in each fiscal year shall be	63849
used for the state match for a federal grant awarded through the	63850
Traumatic Brain Injury Act, Pub. L. No. 104-166, and $50,000 in	63851
fiscal year 2002 and $50,000 in fiscal year 2003 shall be provided	63852
to the Brain Injury Trust Fund. The remaining appropriation in	63853
this item shall be used to plan and coordinate head-injury-related	63854
services provided by state agencies and other government or	63855
private entities, to assess the needs for such services, and to	63856
set priorities in this area.	63857

SERVICES FOR PEOPLE WITH DISABILITIES

63858

On verification of the receipt of revenue in Fund 3W2, Title	63859
XX Vocational Rehabilitation, the Director of Budget and	63860
Management shall transfer those funds to the General Revenue Fund.	63861
The transferred funds are appropriated to appropriation item	63862
415-506, Services for People with Disabilities. The foregoing	63863
appropriation item 415-506, Services for People with Disabilities,	63864
includes transferred funds of $600,000 in fiscal year 2002 and	63865
$897,052 in fiscal year 2003.	63866

SERVICES FOR THE DEAF

63867

The foregoing appropriation item 415-508, Services for the	63868
Deaf, shall be used to supplement Social Security reimbursement	63869
funds used to provide grants to community centers for the deaf.	63870
These funds shall not be used in lieu of Social Security	63871
reimbursement funds.	63872

SERVICES FOR THE ELDERLY

63873

The foregoing appropriation item 415-509, Services for the	63874
Elderly, shall be used as matching funds for vocational	63875
rehabilitation services for eligible elderly citizens with a	63876
disability.	63877

SOCIAL SECURITY REIMBURSEMENT FUNDS

63878

Reimbursement funds received from the Social Security	63879
Administration, United States Department of Health and Human	63880
Services, for the costs of providing services and training to	63881
return disability recipients to gainful employment, shall be used	63882
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	63883

(A) Appropriation item 415-601, Social Security Personal	63884
Care Assistance, to provide personal care services in accordance	63885
with section 3304.41 of the Revised Code;	63886

(B) Appropriation item 415-605, Social Security Community	63887
Centers for the Deaf, to provide grants to community centers for	63888
the deaf in Ohio for services to individuals with hearing	63889
impairments;	63890

(C) Appropriation item 415-607, Social Security	63891
Administration Cost, to provide administrative services needed to	63892
administer the Social Security reimbursement program;	63893

(D) Appropriation item 415-608, Social Security Special	63894
Programs/Assistance, to provide vocational rehabilitation services	63895
to individuals with severe disabilities, who are Social Security	63896
beneficiaries, to achieve competitive employment. This item also	63897
includes funds to assist the Personal Care Assistance, Community	63898
Centers for the Deaf, and Independent Living Programs to pay their	63899
share of indirect costs as mandated by federal OMB Circular A-87.	63900

(E) Appropriation item 415-610, Social Security Vocational	63901
Rehabilitation, to provide vocational rehabilitation services to	63902
individuals with severe disabilities to achieve a noncompetitive	63903
employment goal such as homemaker.	63904

ADMINISTRATIVE EXPENSES

63905

The foregoing appropriation item 415-606, Administrative	63906
Expenses, shall be used to support the administrative functions of	63907
the commission related to the provision of vocational	63908
rehabilitation, disability determination services, and ancillary	63909
programs.	63910

INDEPENDENT LIVING COUNCIL

63911

The foregoing appropriation items 415-402, Independent Living	63912
Council, shall be used to fund the operations of the State	63913
Independent Living Council.	63914

MENTAL HEALTH SERVICES

63915

The foregoing appropriation item 415-403, Mental Health	63916
Services, shall be used for the provision of vocational	63917
rehabilitation services to mutually eligible consumers of the	63918
Rehabilitation Services Commission and the Department of Mental	63919
Health.	63920

The Department of Mental Health shall receive a quarterly	63921
report from the Rehabilitation Services Commission stating the	63922
numbers served, numbers placed in employment, average hourly wage,	63923
and average hours worked.	63924

INDEPENDENT LIVING SERVICES

63925

The foregoing appropriation items 415-520, Independent Living	63926
Services, and 415-612, Federal-Independent Living Centers or	63927
Services, shall be used to support state independent living	63928
centers or independent living services pursuant to Title VII of	63929
the Independent Living Services and Centers for Independent Living	63930
of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	63931
U.S.C. 796d.	63932

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

63933

The foregoing appropriation item 415-617, Independent	63934
Living/Vocational Rehabilitation Programs, shall be used to	63935
support vocational rehabilitation programs, including, but not	63936
limited to, Projects with Industry and Training Grants.	63937

Section 97.  RCB RESPIRATORY CARE BOARD

63938

General Services Fund Group

63939

Section 98.  REVENUE DISTRIBUTION FUNDS

63945

Volunteer Firefighters' Dependents Fund

63946

Holding Account Redistribution

63957

ADDITIONAL APPROPRIATIONS

63976

Appropriation items in this section are to be used for the	63977
purpose of administering and distributing the designated revenue	63978
distributions fund according to the Revised Code. If it is	63979
determined that additional appropriations are necessary, such	63980
amounts are appropriated.	63981

Section 99.  SAN BOARD OF SANITARIAN REGISTRATION

63982

General Services Fund Group

63983

Section 100.  OSB OHIO STATE SCHOOL FOR THE BLIND

63989

General Revenue Fund

63990

General Services Fund Group

63995

State Special Revenue Fund Group

63999

Federal Special Revenue Fund Group

64003

Section 101.  OSD OHIO STATE SCHOOL FOR THE DEAF

64010

General Revenue Fund

64011

General Services Fund Group

64016

State Special Revenue Fund Group

64020

Federal Special Revenue Fund Group

64026

Section 102.  SFC SCHOOL FACILITIES COMMISSION

64035

General Revenue Fund

64036

State Special Revenue Fund Group

64040

Section 102.01. LEASE RENTAL PAYMENTS

64046

The foregoing appropriation item 230-428, Lease Rental	64047
Payments, shall be used to meet all payments at the times they are	64048
required to be made during the period from July 1, 2001, to June	64049
30, 2003, by the School Facilities Commission pursuant to leases	64050
and agreements made under section 3318.26 of the Revised Code, but	64051
limited to the aggregate amount of $79,299,600. Nothing in this	64052
act shall be deemed to contravene the obligation of the state to	64053
pay, without necessity for further appropriation, from the sources	64054
pledged thereto, the bond service charges on obligations issued	64055
pursuant to Chapter 3318. of the Revised Code.	64056

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

64057

The foregoing appropriation item 230-908, Common Schools	64058
General Obligation Debt Service, shall be used to pay all debt	64059
service and financing costs at the times they are required to be	64060
made pursuant to sections 151.01 and 151.03 of the Revised Code	64061
during the period from July 1, 2001, to June 30, 2003. The Office	64062
of the Sinking Fund or the Director of Budget and Management shall	64063
effectuate the required payments by an intrastate transfer	64064
voucher.	64065

OPERATING EXPENSES

64066

The foregoing appropriation item 230-644, Operating Expenses,	64067
shall be used by the Ohio School Facilities Commission to carry	64068
out its responsibilities pursuant to this section and Chapter	64069
3318. of the Revised Code.	64070

Within ten days after the effective date of this section, or	64071
as soon as possible thereafter, the Executive Director of the Ohio	64072
School Facilities Commission shall certify to the Director of	64073
Budget and Management the amount of cash to be transferred from	64074
the School Building Assistance Fund (Fund 032) or the Public	64075
School Building Fund (Fund 021) to the Ohio School Facilities	64076
Commission Fund (Fund 5E3).	64077

By July 10, 2002, the Executive Director of the Ohio School	64078
Facilities Commission shall certify to the Director of Budget and	64079
Management the amount of cash to be transferred from the School	64080
Building Assistance Fund (Fund 032) or the Public School Building	64081
Fund (Fund 021) to the Ohio School Facilities Commission Fund	64082
(Fund 5E3).	64083

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

64084

At the request of the Executive Director of the Ohio School	64085
Facilities Commission, the Director of Budget and Management may	64086
cancel encumbrances for school district projects from a previous	64087
biennium if the district has not raised its local share of project	64088
costs within one year of receiving Controlling Board approval in	64089
accordance with section 3318.05 of the Revised Code. The	64090
Executive Director of the Ohio School Facilities Commission shall	64091
certify the amounts of these canceled encumbrances to the Director	64092
of Budget and Management on a quarterly basis. The amounts of the	64093
canceled encumbrances are appropriated.	64094

DISABILITY ACCESS PROJECTS

64095

The unencumbered and unallotted balances as of June 30, 2001,	64096
in appropriation item 230-649, Disability Access Project, are	64097
hereby reappropriated. The unencumbered and unallotted balances	64098
of the appropriation at the end of fiscal year 2002 are hereby	64099
reappropriated in fiscal year 2003 to fund capital projects	64100
pursuant to this section.	64101

(A) As used in this section:

64102

(1) "Percentile" means the percentile in which a school	64103
district is ranked according to the fiscal year 1998 ranking of	64104
school districts with regard to income and property wealth under	64105
division (B) of section 3318.011 of the Revised Code.	64106

(2) "School district" means a city, local, or exempted	64107
village school district, but excluding a school district that is	64108
one of the state's 21 urban school districts as defined in	64109
division (O) of section 3317.02 of the Revised Code, as that	64110
section existed prior to July 1, 1998.	64111

(3) "Valuation per pupil" means a district's total taxable	64112
value as defined in section 3317.02 of the Revised Code divided by	64113
the district's ADM as defined in division (A) of section 3317.02	64114
of the Revised Code as that section existed prior to July 1, 1998.	64115

(B) The School Facilities Commission shall adopt rules for	64116
awarding grants to school districts with a valuation per pupil of	64117
less than $200,000, to be used for construction, reconstruction,	64118
or renovation projects in classroom facilities, the purpose of	64119
which is to improve access to such facilities by physically	64120
handicapped persons. The rules shall include application	64121
procedures. No school district shall be awarded a grant under	64122
this section in excess of $100,000. In addition, any school	64123
district shall be required to pay a percentage of the cost of the	64124
project or which the grant is being awarded equal to the	64125
percentile in which the district is ranked.	64126

(C) The School Facilities Commission is hereby authorized to	64127
transfer a portion of appropriation item CAP-622, Public School	64128
Buildings, contained in Am. Sub. H.B. No. 283 of the 123rd General	64129
Assembly, to CAP-777, Disability Access Projects, to provide funds	64130
to make payments resulting from the approval of applications for	64131
disability access grants received prior to January 1, 1999. The	64132
amounts transferred are appropriated.	64133

Section 102.02. In fiscal year 2002, the Director of Budget	64134
and Management shall deposit into the Community School Classroom	64135
Facilities Loan Guarantee Fund, established under section 3318.52	64136
of the Revised Code, ten million dollars from the moneys that have	64137
been appropriated to the Ohio School Facilities Commission for	64138
capital projects. The moneys so deposited shall be used by the	64139
Commission to guarantee loans to community schools under section	64140
3318.50 of the Revised Code.	64141

Section 103.  NET OHIO SCHOOLNET COMMISSION

64142

General Revenue Fund

64143

General Services Fund Group

64148

State Special Revenue Fund Group

64152

Federal Special Revenue Fund Group

64157

Section 103.01. INTERACTIVE VIDEO DISTANCE LEARNING PROGRAM

64163

The unencumbered and unalloted balances as of June 30, 2001,	64164
in appropriation item 228-650, Interactive Video Distance	64165
Learning, are reappropriated to fund projects pursuant to this	64166
section. Appropriation item 228-650, Interactive Video Distance	64167
Learning, shall be used to extend the Interactive Video Distance	64168
Learning Program in accordance with the statewide educational	64169
technology strategic plan. The Ohio SchoolNet Commission shall	64170
adopt procedures for the administration and implementation of the	64171
Interactive Video Distance Learning Program, which shall include	64172
application procedures, specifications for distance learning	64173
technology, and terms and conditions for participation in the	64174
program. The commission shall not approve any application for	64175
participation unless it determines that the applicant can	64176
effectively and efficiently integrate the proposed distance	64177
learning technology into schools or the selected schools or	64178
classrooms for the phase of the program. The commission shall	64179
give preference to lower wealth districts or consortia of such	64180
districts that do not have existing video teleconferencing	64181
technology.	64182

SCHOOLNET PLUS PROGRAM

64183

The unencumbered and unallotted balances as of June 30, 2001,	64184
in appropriation item 228-698, SchoolNet Plus, are hereby	64185
reappropriated to fund projects pursuant to this section.	64186
Appropriation item 228-698, SchoolNet Plus, may be used to	64187
purchase network telecommunications equipment for each public	64188
school building in this state to provide classroom and building	64189
access to existing and potential statewide voice, video, and data	64190
telecommunication services or to establish and equip interactive	64191
computer workstations. As used in this section, "public school	64192
building" means a school building of any city, local, exempted	64193
village, or joint vocational school district or any community	64194
school established under Chapter 3314. of the Revised Code. The	64195
Ohio SchoolNet Commission, in consultation with the Department of	64196
Education, Department of Administrative Services, and Ohio	64197
Education Computer Network, shall define the standards and	64198
equipment configurations necessary to maximize the efficient use	64199
of the existing and potential statewide voice, video, and data	64200
telecommunication services.	64201

Section 103.02. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	64202
DEVELOPMENT	64203

The foregoing appropriation item 228-406, Technical and	64204
Instructional Professional Development, shall be used by the Ohio	64205
SchoolNet Commission to make grants or provide services to	64206
qualifying schools, including the State School for the Blind and	64207
the Ohio School for the Deaf, for the provision of hardware,	64208
software, telecommunications services, and staff development to	64209
support educational uses of technology in the classroom.	64210

The Ohio SchoolNet Commission shall consider the professional	64211
development needs associated with the OhioReads Program when	64212
making funding allocations and program decisions.	64213

The Ohio Educational Telecommunications Network Commission,	64214
with the advice of the Ohio SchoolNet Commission, shall make	64215
grants totaling up to $1,400,000 in each year of the biennium for	64216
research development and production of interactive instructional	64217
programming series and teleconferences to support SchoolNet. Up	64218
to $55,000 of this amount shall be used in each year of the	64219
biennium to provide for the administration of these activities by	64220
the Ohio Educational Telecommunications Network Commission. The	64221
programming shall be targeted to the needs of the poorest 200	64222
school districts as determined by the district's adjusted	64223
valuation per pupil as defined in section 3317.0213 of the Revised	64224
Code.	64225

Of the foregoing appropriation item 228-406, Technical and	64226
Instructional Professional Development, $2,900,000 in each fiscal	64227
year shall be distributed by the Ohio SchoolNet Commission to	64228
low-wealth districts or consortia including low-wealth school	64229
districts, as determined by the district's adjusted valuation per	64230
pupil as defined in section 3317.0213 of the Revised Code, or the	64231
State School for the Blind or the Ohio School for the Deaf.	64232

The remaining appropriation allocated in appropriation item	64233
228-406, Technical and Instructional Professional Development,	64234
shall be used by the Ohio SchoolNet Commission for professional	64235
development for teachers and administrators for the use of	64236
educational technology. The commission may make grants to provide	64237
technical assistance and professional development on the use of	64238
educational technology to school districts.	64239

Eligible recipients of grants include regional training	64240
centers, county offices of education, data collection sites,	64241
instructional technology centers, institutions of higher	64242
education, public television stations, special education resource	64243
centers, area media centers, or other nonprofit educational	64244
organizations. Services provided through these grants may include	64245
use of private entities subcontracting through the grant	64246
recipient.	64247

Grants shall be made to entities on a contractual basis with	64248
the Ohio SchoolNet Commission. Contracts shall include provisions	64249
that demonstrate how services will benefit technology use in the	64250
schools, and in particular will support SchoolNet efforts to	64251
support technology in the schools. Contracts shall specify the	64252
scope of assistance being offered and the potential number of	64253
professionals who will be served. Contracting entities may be	64254
awarded more than one grant at a time.	64255

Grants shall be awarded in a manner consistent with the goals	64256
of SchoolNet. Special emphasis in the award of grants shall be	64257
placed on collaborative efforts among service providers.	64258

Application for grants from this appropriation in	64259
appropriation item 228-406, Technical and Instructional	64260
Professional Development, shall be consistent with a school	64261
district's technology plan that shall meet the minimum	64262
specifications for school district technology plans as prescribed	64263
by the Ohio SchoolNet Commission. Funds allocated through these	64264
grants may be combined with funds received through other state or	64265
federal grants for technology so long as the school district's	64266
technology plan specifies the use of these funds.	64267

EDUCATION TECHNOLOGY

64268

The foregoing appropriation item 228-539, Education	64269
Technology, shall be used to provide funding to suppliers of	64270
information services to school districts for the provision of	64271
hardware, software, and staff development in support of	64272
educational uses of technology in the classroom as prescribed by	64273
the State Plan for Technology pursuant to section 3301.07 of the	64274
Revised Code, and to support assistive technology for children and	64275
youth with disabilities.	64276

Up to $5,200,000 in each fiscal year shall be used by the	64277
Ohio SchoolNet Commission to contract with instructional	64278
television, and $961,096 in fiscal year 2002, and $710,596 in	64279
fiscal year 2003 shall be used by the commission to contract with	64280
education media centers to provide Ohio schools with instructional	64281
resources and services.	64282

Resources may include, but not be limited to, the following:	64283
pre-recorded video materials (including videotape, laser discs,	64284
and CD-ROM discs); computer software for student use or student	64285
access to electronic communication, databases, spreadsheet, and	64286
word processing capability; live student courses or courses	64287
delivered electronically; automated media systems; and	64288
instructional and professional development materials for teachers.	64289
The commission shall cooperate with education technology agencies	64290
in the acquisition, development, and delivery of such educational	64291
resources to ensure high-quality and educational soundness at the	64292
lowest possible cost. Delivery of such resources may utilize a	64293
variety of technologies, with preference given to a high-speed	64294
integrated information network that can transport video, voice,	64295
data, and graphics simultaneously.	64296

Services shall include presentations and technical assistance	64297
that will help students and teachers integrate educational	64298
materials that support curriculum objectives, match specific	64299
learning styles, and are appropriate for individual interests and	64300
ability levels.	64301

Such instructional resources and services shall be made	64302
available for purchase by chartered nonpublic schools or by public	64303
school districts for the benefit of pupils attending chartered	64304
nonpublic schools.	64305

DISTANCE LEARNING

64306

Appropriation item 228-634, Distance Learning, shall be	64307
distributed by the Ohio SchoolNet Commission on a grant basis to	64308
eligible school districts to establish "distance learning" in the	64309
school district. Per the agreement with Ameritech, school	64310
districts are eligible for funds if they are within an Ameritech	64311
service area. Funds to administer the program shall be expended	64312
by the commission up to the amount specified in the agreement with	64313
Ameritech.	64314

Within 30 days after the effective date of this section, the	64315
Director of Budget and Management shall transfer to fund 4X1 in	64316
the State Special Revenue Fund Group any investment earnings from	64317
moneys paid to the office or to the SchoolNet Commission by any	64318
telephone company as part of a settlement agreement between the	64319
company and the Public Utilities Commission in fiscal year 1995.	64320

ELECTRICAL INFRASTRUCTURE

64321

The unencumbered and unallotted balances of June 30, 2001, in	64322
appropriation item 228-690, SchoolNet Electrical Infrastructure,	64323
are reappropriated to fund projects pursuant to this section. The	64324
foregoing appropriation item may be distributed by the Ohio	64325
SchoolNet Commission for use by school districts to renovate	64326
existing buildings with sufficient electrical service to safely	64327
operate educational technology consistent with their SchoolNet and	64328
SchoolNet Plus technology plans. The Executive Director of the	64329
Ohio SchoolNet Commission shall review grant proposals from school	64330
districts for the use of these funds. In evaluating grant	64331
proposals, the executive director shall consider the ability and	64332
commitment of school districts to contribute local public and	64333
private resources to upgrade their electrical service and shall	64334
give consideration to consortia of school districts that have	64335
formed to optimize resources to upgrade electrical service. In no	64336
case shall grant awards exceed $1,000,000 for a single school	64337
district. Funding recommendations for this appropriation made by	64338
the executive director are subject to the review of the Ohio	64339
SchoolNet Commission.	64340

Section 103.03. TOBACCO SETTLEMENT EDUCATION TECHNOLOGIES	64341
TRUST FUND	64342

All funds from the Tobacco Settlement Education Technologies	64343
Trust Fund are hereby dedicated to the Ohio SchoolNet Commission.	64344
Existing balances in the fund and additional revenue deposited	64345
prior to June 30, 2003, are hereby appropriated to be used by the	64346
SchoolNet Commission for grants to school districts and other	64347
entities, and for the costs of administering these grants. Of	64348
the total amount for grants, $1,841,655 in fiscal year 2002 and	64349
$1,917,293 in fiscal year 2003 shall be used for the Ohio ONEnet	64350
project, $4,086,000 in fiscal year 2002 shall be used for	64351
Interactive Video Distance Learning, $865,950 in fiscal year 2002	64352
and $909,247 in fiscal year 2003 shall be used for the INFOhio	64353
Network, $313,500 in fiscal year 2002 and $298,750 in fiscal year	64354
2003 shall be used for the JASON Project, $1,000,000 in each	64355
fiscal year shall be used for RISE Learning Solutions, and	64356
$200,000 in each fiscal year shall be used for the Stark County	64357
School Teacher Technical Training Center. The remaining amount	64358
for grants shall be made to school districts.	64359

The ONEnet Ohio Project is designed to link all public K-12	64360
classrooms to each other and the Internet, and to provide access	64361
to voice, video, and data educational resources for students and	64362
teachers.	64363

The Interactive Video Distance Learning Program shall provide	64364
competitive grants to school districts or consortia of school	64365
districts to purchase necessary distance learning technology, pay	64366
recurring connectivity costs, train technology coordinators to	64367
use, maintain, and support distance learning technology, train	64368
teachers to use distance learning technology in the classroom, and	64369
provide ongoing content development to be shared statewide.	64370

The INFOhio Network is a network of library resources to	64371
support the provision of electronic resources to all public	64372
schools with preference given to elementary schools. Consideration	64373
should be given to coordinating the allocation of these moneys	64374
with the efforts of OhioLINK and the Ohio Public Information	64375
Network.	64376

The JASON Project shall provide funding for statewide access	64377
and a 75% subsidy for statewide licensing of JASON content for	64378
90,000 middle school students statewide, and professional	64379
development for teachers participating in the program.	64380

It is the intent of the General Assembly that the SchoolNet	64381
Commission, in conjunction with RISE Learning Solutions, shall	64382
develop a program that may be conducted in conjunction with	64383
state-supported technology programs including, but not limited to,	64384
SchoolNet Commission appropriation item 228-406, Technical and	64385
Instructional Professional Development, and appropriation item	64386
228-539, Education Technology, designed to educate preschool staff	64387
members and providers on developmentally appropriate teaching	64388
methods, behavior guidance, and literacy and to involve parents	64389
more closely in the education and development of their children.	64390
The project shall include an interactive instructional program,	64391
delivered using satellite television, Internet, and with	64392
facilitation, which shall be distributed to program participants	64393
using the established satellite receiver dishes on public schools,	64394
Head Start centers, and childcare centers at up to 100 locations	64395
throughout the state. The interactive instructional program shall	64396
be developed to enhance the professional development, training,	64397
and performance of preschool staff members; the education and	64398
care-giving skills of the parents of preschool children; and the	64399
preparation of preschool-aged children for learning.	64400

The project shall utilize the grant to continue a	64401
direct-service program that shall include at least three	64402
teleconferences that may be distributed by Ohio-based public	64403
television utilizing satellite or microwave technology in a manner	64404
designed to promote interactive communications between the program	64405
participants located at sub-sites within the Ohio Educational	64406
Broadcast Network or as determined by the commission. Program	64407
participants shall communicate with trainers and participants at	64408
other program sites through telecommunications and facsimile and	64409
on-line computer technology. As much as possible, the project	64410
shall utilize systems currently available in state-supported	64411
technology programs and conduct the program in a manner that	64412
promotes innovative, interactive communications between program	64413
participants at all the sites. Parent support groups and teacher	64414
training sessions shall supplement the teleconferences and shall	64415
occur on a local basis.	64416

RISE Learning Solutions may subcontract components of the	64417
project.	64418

Individuals eligible to participate in the program include	64419
those children, their parents, custodians, or guardians, and	64420
preschool staff members who are eligible to participate in a	64421
preschool program as defined in division (A) of section 3301.52	64422
and section 5104.02 of the Revised Code.	64423

The programs, including two to be developed in support of	64424
teacher proficiency in teaching reading to prekindergarten and	64425
kindergarten to third grade students, at the direction of the	64426
Department, may include: two three-hour broadcast seminars from a	64427
central up-link station, distributed in up to 88 counties; high	64428
production-value video sought in various locations; and direct	64429
interactive adult learning activities. The program shall develop	64430
program workbooks and involve at least three small	64431
group-facilitated follow-up discussion workshops and development	64432
and distribution of at least two home videos. The program shall	64433
also provide Internet access, interactive lines, bulletin board,	64434
and CD-ROM.	64435

Upon completion of each of the school years for which the	64436
grant was made, RISE Learning Solutions shall issue a report to	64437
the commission and the members of the General Assembly explaining	64438
the goals and objectives determined, the activities implemented,	64439
the progress made toward the achievement of the goals and	64440
objectives, and the outcome of the project.	64441

Not later than August 30, 2001, after the approval of the	64442
Director of Budget and Management, the SchoolNet Commission shall	64443
submit a budget for the expected appropriations from the Tobacco	64444
Settlement Education Technologies Trust Fund to the Controlling	64445
Board. The SchoolNet Commission shall demonstrate to the	64446
Controlling Board how the Commission's other funding provided by	64447
this act works with these additional appropriations.	64448

In the event that the funds in the Tobacco Settlement	64449
Education Technologies Trust Fund are not sufficient to cover the	64450
appropriations for the specific projects listed in this section,	64451
spending on every project shall be reduced proportionately.	64452

Section 103.04. There is hereby created the Ohio Schools	64453
Technology Implementation Task Force. The Task Force shall	64454
develop recommendations based upon the findings from the	64455
Independent Review and Strategic Plan authorized to be completed	64456
in divisions (A)(3) and (4) of Section 11 of Am. Sub. H.B. 282 of	64457
the 123rd General Assembly, for a comprehensive framework for	64458
coordinating the planning and implementation of technology in Ohio	64459
schools. The Task Force shall examine and make long-term	64460
recommendations for technology funding for Ohio's primary and	64461
secondary schools as well as for the operational costs of the Ohio	64462
SchoolNet Commission.	64463

The Task Force shall be composed of six voting members, three	64464
of whom shall be members of the Senate appointed by the President	64465
of the Senate and three of whom shall be members of the House of	64466
Representatives appointed by the Speaker of the House of	64467
Representatives. Not more than two members from each house shall	64468
be members of the same political party. From among these six	64469
voting members, the President of the Senate and the Speaker of the	64470
House of Representatives jointly shall appoint a chairperson of	64471
the Task Force. The Task Force shall include as ex officio	64472
nonvoting members the Superintendent of Public Instruction or the	64473
Superintendent's designee, the Director of Budget and Management	64474
or the Director's designee, the Director of Administrative	64475
Services or the Director's designee, the Executive Director of the	64476
Ohio SchoolNet Commission or the Executive Director's designee, a	64477
representative designated by the head of the Ohio Education	64478
Computer Network, a representative designated by the Chairperson	64479
of the Public Utilities Commission of Ohio, a representative	64480
appointed by the Chairperson of the Ohio Educational	64481
Telecommunications Network Commission, a representative of Ohio's	64482
business community appointed by the President of the Senate, and a	64483
representative from an educational service center appointed by the	64484
Speaker of the House of Representatives. The voting members may,	64485
by majority vote, elect to include any number of additional	64486
nonvoting members.	64487

The Legislative Service Commission shall provide any staffing	64488
assistance requested by the Task Force. The Task Force shall	64489
issue a report not later than December 1, 2002. Upon issuing its	64490
report, the Task Force shall cease to exist.	64491

Section 104.  SOS SECRETARY OF STATE

64492

General Revenue Fund

64493

General Services Fund Group

64499

State Special Revenue Fund Group

64505

Holding Account Redistribution Fund Group

64510

BOARD OF VOTING MACHINE EXAMINERS

64516

The foregoing appropriation item 050-610, Board of Voting	64517
Machine Examiners, shall be used to pay for the services and	64518
expenses of the members of the Board of Voting Machine Examiners,	64519
and for other expenses that are authorized to be paid from the	64520
Board of Voting Machine Examiners Fund, which is created in	64521
section 3506.05 of the Revised Code. Moneys not used shall be	64522
returned to the person or entity submitting the equipment for	64523
examination. If it is determined that additional appropriations	64524
are necessary, such amounts are appropriated.	64525

HOLDING ACCOUNT REDISTRIBUTION GROUP

64526

The foregoing appropriation items 050-605 and 050-606,	64527
Holding Account Redistribution Fund Group, shall be used to hold	64528
revenues until they are directed to the appropriate accounts or	64529
until they are refunded. If it is determined that additional	64530
appropriations are necessary, such amounts are appropriated.	64531

Section 105.  SEN THE OHIO SENATE

64532

General Revenue Fund

64533

General Services Fund Group

64536

Section 106.  CSF COMMISSIONERS OF THE SINKING FUND

64543

Debt Service Fund Group

64544

ADDITIONAL APPROPRIATIONS

64554

Appropriation items in this section are for the purpose of	64555
paying debt service and financing costs on bonds or notes of the	64556
state issued pursuant to the Ohio Constitution and acts of the	64557
General Assembly. If it is determined that additional	64558
appropriations are necessary, such amounts are appropriated.	64559

Section 107.  SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	64560
AUDIOLOGY	64561

General Services Fund Group

64562

Section 108.  BTA BOARD OF TAX APPEALS

64568

General Revenue Fund

64569

General Services Fund Group

64572

Section 109. TAX DEPARTMENT OF TAXATION

64578

General Revenue Fund

64579

Agency Fund Group

64585

General Services Fund Group

64588

State Special Revenue Fund Group

64592

Federal Special Revenue Fund Group

64606

Holding Account Redistribution Fund Group

64610

LITTER CONTROL TAX ADMINISTRATION FUND

64616

Notwithstanding section 5733.12 of the Revised Code, during	64617
the period from July 1, 2001, to June 30, 2002, the amount of	64618
$594,726, and during the period from July 1, 2002, to June 30,	64619
2003, the amount of $625,232, received by the Treasurer of State	64620
under Chapter 5733. of the Revised Code, shall be credited to the	64621
Litter Control Tax Administration Fund (Fund 437).	64622

INTERNATIONAL REGISTRATION PLAN AUDIT

64623

The foregoing appropriation item 110-616, International	64624
Registration Plan, shall be used pursuant to section 5703.12 of	64625
the Revised Code for audits of persons with vehicles registered	64626
under the International Registration Plan.	64627

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	64628
EXEMPTION	64629

The foregoing appropriation item 110-901, Property Tax	64630
Allocation - Taxation, is appropriated to pay for the state's	64631
costs incurred due to the Homestead Exemption, the Manufactured	64632
Home Property Tax Rollback, and the Property Tax Rollback. The	64633
Tax Commissioner shall distribute these funds directly to the	64634
appropriate local taxing districts of the state, except for school	64635
districts, notwithstanding the provisions in sections 321.24 and	64636
323.156 of the Revised Code, which provide for payment of the	64637
Homestead Exemption, the Manufactured Home Property Tax Rollback,	64638
and Property Tax Rollback by the Tax Commissioner to the	64639
appropriate county treasurer and the subsequent redistribution of	64640
these funds to the appropriate local taxing districts by the	64641
county auditor.	64642

The foregoing appropriation item 110-906, Tangible Tax	64643
Exemption - Taxation, is appropriated to pay for the state's costs	64644
incurred due to the tangible personal property tax exemption	64645
required by division (C)(3) of section 5709.01 of the Revised	64646
Code. The Tax Commissioner shall distribute to each county	64647
treasurer the total amount certified by the county treasurer	64648
pursuant to section 319.311 of the Revised Code for all local	64649
taxing districts located in the county except for school	64650
districts, notwithstanding the provision in section 319.311 of the	64651
Revised Code which provides for payment of the $10,000 tangible	64652
personal property tax exemption by the Tax Commissioner to the	64653
appropriate county treasurer for all local taxing districts	64654
located in the county including school districts. Pursuant to	64655
division (G) of section 321.24 of the Revised Code, the county	64656
auditor shall distribute the amount paid by the Tax Commissioner	64657
among the appropriate local taxing districts except for school	64658
districts.	64659

Upon receipt of these amounts, each local taxing district	64660
shall distribute the amount among the proper funds as if it had	64661
been paid as real or tangible personal property taxes. Payments	64662
for the costs of administration shall continue to be paid to the	64663
county treasurer and county auditor as provided for in sections	64664
319.54, 321.26, and 323.156 of the Revised Code.	64665

Any sums, in addition to the amounts specifically	64666
appropriated in appropriation items 110-901, Property Tax	64667
Allocation - Taxation, for the Homestead Exemption, the	64668
Manufactured Home Property Tax Rollback, and the Property Tax	64669
Rollback payments, and 110-906, Tangible Tax Exemption, for the	64670
$10,000 tangible personal property tax exemption payments, which	64671
are determined to be necessary for these purposes, are	64672
appropriated.	64673

TAX REFUNDS

64674

The foregoing appropriation item 110-635, Tax Refunds, shall	64675
be used to pay refunds as provided in section 5703.052 of the	64676
Revised Code. If it is determined that additional appropriations	64677
are necessary, such amounts are appropriated.	64678

Section 110.  DOT DEPARTMENT OF TRANSPORTATION

64679

Transportation Modes

64680

General Revenue Fund

64681

Federal Special Revenue Fund Group

64690

State Special Revenue Fund Group

64694

AVIATION LEASE PAYMENTS

64700

The foregoing appropriation item 777-473, Rickenbacker Lease	64701
Payments - State, shall be used to meet scheduled payments for the	64702
Rickenbacker Port Authority. The Director of Transportation shall	64703
certify to the Director of Budget and Management any	64704
appropriations in appropriation item 777-473, Rickenbacker Lease	64705
Payments - State, that are not needed to make lease payments for	64706
the Rickenbacker Port Authority. Notwithstanding section 127.14	64707
of the Revised Code, the amount certified may be transferred by	64708
the Director of Budget and Management to appropriation item	64709
777-471, Airport Improvements - State.	64710

TRANSFER OF APPROPRIATIONS - PUBLIC TRANSPORTATION

64711

The Director of Budget and Management may approve requests	64712
from the Department of Transportation for the transfer of	64713
appropriations between appropriation item 775-451, Public	64714
Transportation - State, and appropriation item 775-458, Elderly	64715
and Disabled Fare Assistance. Transfers between appropriation	64716
items shall be made upon the written request of the Director of	64717
Transportation and with the approval of the Director of Budget and	64718
Management. Such transfers shall be reported to the Controlling	64719
Board.	64720

RAILROAD CROSSING AND GRADE SEPARATION

64721

The foregoing appropriation item 776-466, Railroad Crossing	64722
and Grade Separation, shall be used to fund the Rail Crossing	64723
Safety Initiative, which will provide improvements to communities	64724
most affected by rail traffic and related issues.	64725

AIRPORT IMPROVEMENTS - STATE

64726

Of the foregoing appropriation item 777-471, Airport	64727
Improvements - State, $500,000 in fiscal year 2002 shall be used	64728
for the Lorain County Airport.	64729

Section 111.  TOS TREASURER OF STATE

64730

General Revenue Fund

64731

Agency Fund Group

64747

General Services Fund Group

64750

State Special Revenue Fund Group

64761

Section 111.01.  OFFICE OF THE SINKING FUND

64767

The foregoing appropriation item 090-401, Office of the	64768
Sinking Fund, shall be used for financing and other costs incurred	64769
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	64770
Public Facilities Commission or its secretary, or the Treasurer of	64771
State, with respect to State of Ohio general obligation bonds or	64772
notes, including, but not limited to, printing, advertising,	64773
delivery, rating fees and the procurement of ratings, professional	64774
publications, membership in professional organizations, and	64775
services referred to in division (D) of section 151.01 of the	64776
Revised Code. The General Revenue Fund shall be reimbursed for	64777
such costs by intrastate transfer voucher pursuant to a	64778
certification by the Office of the Sinking Fund of the actual	64779
amounts used. The amounts necessary to make such reimbursements	64780
are appropriated from the general obligation bond retirement funds	64781
created by the Constitution and laws to the extent such costs are	64782
incurred.	64783

Section 111.02. POLICE AND FIRE DEATH BENEFIT FUND

64784

The foregoing appropriation item 090-575, Police and Fire	64785
Death Benefits, shall be disbursed annually by the Treasurer of	64786
State at the beginning of each fiscal year to the Board of	64787
Trustees of the Ohio Police and Fire Pension Fund. By the	64788
twentieth day of June of each year, the Board of Trustees of the	64789
Ohio Police and Fire Pension Fund shall certify to the Treasurer	64790
of State the amount disbursed in the current fiscal year to make	64791
the payments required by section 742.63 of the Revised Code and	64792
shall return to the Treasurer of State moneys received from this	64793
item but not disbursed.	64794

Section 112.  UST PETROLEUM UNDERGROUND STORAGE TANK RELEASE	64795
COMPENSATION BOARD	64796

State Special Revenue Fund Group

64797

Section 113.  TTA OHIO TUITION TRUST AUTHORITY

64803

State Special Revenue Fund Group

64804

Section 114.  OVH OHIO VETERANS' HOME

64810

General Revenue Fund

64811

Federal Special Revenue Fund Group

64815

State Special Revenue Fund Group

64819

Section 115.  VET VETERANS' ORGANIZATIONS

64827

General Revenue Fund

64828

VAP AMERICAN EX-PRISONERS OF WAR

64829

VAN ARMY AND NAVY UNION, USA, INC.

64831

VKW KOREAN WAR VETERANS

64833

VJW JEWISH WAR VETERANS

64835

VCW CATHOLIC WAR VETERANS

64837

VPH MILITARY ORDER OF THE PURPLE HEART

64839

VVV VIETNAM VETERANS OF AMERICA

64841

VAL AMERICAN LEGION OF OHIO

64843

VII VETERANS OF WORLD WAR II-KOREA-VIETNAM

64845

VAV DISABLED AMERICAN VETERANS

64847

VOH RAINBOW DIVISION VETERANS' ASSOCIATION, OHIO

64849

VMC MARINE CORPS LEAGUE

64851

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

64853

VFW VETERANS OF FOREIGN WARS

64855

VWI VETERANS OF WORLD WAR I

64857

RELEASE OF FUNDS

64861

The foregoing appropriation items 743-501, 746-501, 747-501,	64862
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	64863
755-501, 756-501, 757-501, 758-501, and 759-501, State Support,	64864
shall be released upon approval by the Director of Budget and	64865
Management.	64866

AMERICAN EX-PRISONERS OF WAR

64867

The American Ex-Prisoners of War shall be permitted to share	64868
an office with the Veterans of World War I.	64869

CENTRAL OHIO UNITED SERVICES ORGANIZATION

64870

Of the foregoing appropriation item 751-501, State Support,	64871
Vietnam Veterans of America, $50,000 in each fiscal year shall be	64872
used to support the activities of the Central Ohio USO.	64873

VETERANS SERVICE COMMISSION EDUCATION

64874

Of the foregoing appropriation item 753-501, State Support,	64875
Veterans of World War II-Korea-Vietnam, up to $20,000 in each	64876
fiscal year may be used to provide moneys to the Association of	64877
County Veterans Service Commissioners to reimburse its member	64878
county veterans service commissions for costs incurred in carrying	64879
out educational and outreach duties required under divisions (E)	64880
and (F) of section 5901.03 of the Revised Code. Upon the	64881
presentation of an itemized statement to the Office of Veterans	64882
Affairs, the office shall direct the Auditor of State to issue a	64883
warrant upon the state treasury to the association to reimburse	64884
member commissions for reasonable and appropriate expenses	64885
incurred performing these duties. The association shall establish	64886
uniform procedures for reimbursing member commissions.	64887

Section 116.  DVM STATE VETERINARY MEDICAL BOARD

64888

General Services Fund Group

64889

Section 117.  DYS DEPARTMENT OF YOUTH SERVICES

64895

General Revenue Fund

64896

General Services Fund Group

64906

Federal Special Revenue Fund Group

64914

State Special Revenue Fund Group

64926

OHIO BUILDING AUTHORITY LEASE PAYMENTS

64933

The foregoing appropriation item 470-412, Lease Rental	64934
Payments, in the Department of Youth Services, shall be used for	64935
payments, limited to the aggregate amount of $36,116,600, to the	64936
Ohio Building Authority for the period from July 1, 2001, to June	64937
30, 2003, pursuant to the primary leases and agreements for	64938
facilities made under Chapter 152. of the Revised Code, which are	64939
the source of funds pledged for bond service charges on related	64940
obligations issued pursuant to Chapter 152. of the Revised Code.	64941

RECLAIM OHIO

64942

In determining the amount of moneys necessary to fund the	64943
foregoing appropriation item 470-401, RECLAIM Ohio, in fiscal	64944
years 2002 and 2003, the Department of Youth Services shall	64945
compute the number of state target youth for each fiscal year. As	64946
defined in section 5139.01 of the Revised Code, "state target	64947
youth" means twenty-five per cent of the projected total number of	64948
felony-level delinquency adjudications in the juvenile courts for	64949
each year of a biennium, factoring in revocations and	64950
recommitments. The foregoing appropriation item 470-401, RECLAIM	64951
Ohio, shall provide for an amount not less than $98 per day for	64952
each state target youth or not less than $20,000 per year for each	64953
state target youth for each year of the biennium.	64954

YOUTH SERVICES BLOCK GRANT

64955

Of the foregoing appropriation item 470-510, Youth Services,	64956
$50,000 in fiscal year 2002 shall be distributed directly to	64957
Lighthouse Youth Services.	64958

EMPLOYEE FOOD SERVICE AND EQUIPMENT

64959

Notwithstanding section 125.14 of the Revised Code, the	64960
foregoing appropriation item 470-609, Employee Food Service, may	64961
be used to purchase any food operational items with funds received	64962
into the fund from reimbursement for state surplus property.	64963

EDUCATION REIMBURSEMENT

64964

The foregoing appropriation item 470-613, Education	64965
Reimbursement, shall be used to fund the operating expenses of	64966
providing educational services to youth supervised by the	64967
Department of Youth Services. Operating expenses include, but are	64968
not limited to, teachers' salaries, maintenance costs, and	64969
educational equipment. This appropriation item shall not be used	64970
for capital expenses.	64971

FINANCIAL ASSISTANCE FOR JUVENILE DETENTION FACILITIES

64972

Pursuant to section 5139.281 of the Revised Code, funding	64973
provided to a county for the operation and maintenance of each	64974
home shall be in an amount of fifty per cent of the approved	64975
annual operating cost, but shall not be in excess of $156,928 in	64976
each fiscal year.	64977

FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF	64978
CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES	64979

On July 1, 2001, responsibility for a federal juvenile	64980
justice program is transferred from the Office of Criminal	64981
Justice Services to the Department of Youth Services. The	64982
Department of Youth Services thereupon and thereafter is successor	64983
to, assumes the obligations of, and otherwise provides for the	64984
continuation of a federal juvenile justice program.	64985

Any business relating to a federal juvenile justice program	64986
commenced but not completed by the Office of Criminal Justice	64987
Services or its director prior to July 1, 2001, shall be	64988
completed by the Department of Youth Services or its director in	64989
the same manner, and with the same effect, as if completed by the	64990
Office of Criminal Justice Services or its director.	64991
Notwithstanding the prior provisions of this section, the Office	64992
of Criminal Justice Services shall maintain responsibility for	64993
closing out all grants received by the Office of Criminal Justice	64994
Services prior to July 1, 2001, under the federal juvenile justice	64995
program. In accordance with an appropriation made to the Office	64996
of Criminal Justice Services, the Office of Criminal Justice	64997
Services may make expenditures from those grants and take all	64998
other appropriate actions related to those grants. The Office of	64999
Criminal Justice Services is responsible for any reporting	65000
responsibilities associated with those grants.	65001

No validation, cure, right, privilege, remedy, obligation,	65002
or liability is lost or impaired by reason of the transfer. All	65003
of the Office of Criminal Justice Services' rules, orders, and	65004
determinations continue in effect as rules, orders, and	65005
determinations of the Department of Youth Services, until modified	65006
or rescinded by the Department of Youth Services. If necessary to	65007
ensure the integrity of the numbering of the Administrative Code,	65008
the Director of the Legislative Service Commission shall renumber	65009
the Office of Criminal Justice Services' rules for a federal	65010
juvenile justice program to reflect the transfer of the program to	65011
the Department of Youth Services.	65012

The employees of the Office of Criminal Justice Services	65013
assigned to work with a federal juvenile justice program are	65014
transferred to the Department of Youth Services and shall retain	65015
their positions and all the benefits accruing thereto.	65016

No action or proceeding pending on July 1, 2001, is affected	65017
by the transfer, and any action or proceeding pending on July 1,	65018
2001, shall be prosecuted or defended in the name of the	65019
Department of Youth Services or its director. In all such actions	65020
and proceedings, the Department of Youth Services or its director	65021
upon application to the court shall be substituted as a party.	65022

Section 118. EXPENDITURES AND APPROPRIATION INCREASES	65023
APPROVED BY THE CONTROLLING BOARD	65024

Any money that the Controlling Board approves for expenditure	65025
or any increase in appropriation authority that the Controlling	65026
Board approves pursuant to the provisions of sections 127.14,	65027
131.35, and 131.39 of the Revised Code or any other provision of	65028
law is appropriated for the period ending June 30, 2003.	65029

Section 119. PERSONAL SERVICE EXPENSES

65030

Unless otherwise prohibited by law, any appropriation from	65031
which personal service expenses are paid shall bear the employer's	65032
share of public employees' retirement, workers' compensation,	65033
disabled workers' relief, and all group insurance programs; the	65034
costs of centralized accounting, centralized payroll processing,	65035
and related personnel reports and services; the cost of the Office	65036
of Collective Bargaining; the cost of the Personnel Board of	65037
Review; the cost of the Employee Assistance Program; the cost of	65038
the Equal Opportunity Center; the costs of interagency information	65039
management infrastructure; and the cost of administering the state	65040
employee merit system as required by section 124.07 of the Revised	65041
Code. These costs shall be determined in conformity with	65042
appropriate sections of law and paid in accordance with procedures	65043
specified by the Office of Budget and Management. Expenditures	65044
from appropriation item 070-601, Public Audit Expense - Local	65045
Government, in Fund 422 may be exempted from the requirements of	65046
this section.	65047

Section 120. REISSUANCE OF VOIDED WARRANTS

65048

In order to provide funds for the reissuance of voided	65049
warrants pursuant to section 117.47 of the Revised Code, there is	65050
appropriated, out of moneys in the state treasury from the fund	65051
credited as provided in section 117.47 of the Revised Code, that	65052
amount sufficient to pay such warrants when approved by the Office	65053
of Budget and Management.	65054

Section 121. * CAPITAL PROJECT SETTLEMENTS

65055

This section specifies an additional and supplemental	65056
procedure to provide for payments of judgments and settlements if	65057
the Director of Budget and Management determines, pursuant to	65058
division (C)(4) of section 2743.19 of the Revised Code, that	65059
sufficient unencumbered moneys do not exist in the particular	65060
appropriation to pay the amount of a final judgment rendered	65061
against the state or a state agency, including the settlement of a	65062
claim approved by a court, in an action upon and arising out of a	65063
contractual obligation for the construction or improvement of a	65064
capital facility if the costs under the contract were payable in	65065
whole or in part from a state capital projects appropriation. In	65066
such a case, the director may either proceed pursuant to division	65067
(C)(4) of section 2743.19 of the Revised Code, or apply to the	65068
Controlling Board to increase an appropriation or create an	65069
appropriation out of any unencumbered moneys in the state treasury	65070
to the credit of the capital projects fund from which the initial	65071
state appropriation was made. The Controlling Board may approve	65072
or disapprove the application as submitted or modified. The	65073
amount of an increase in appropriation or new appropriation	65074
specified in an application approved by the Controlling Board is	65075
hereby appropriated from the applicable capital projects fund and	65076
made available for the payment of the judgment or settlement.	65077

If the director does not make the application authorized by	65078
this section or the Controlling Board disapproves the application,	65079
and the director does not make application pursuant to division	65080
(C)(4) of section 2743.19 of the Revised Code, the director shall	65081
for the purpose of making that payment request to the General	65082
Assembly as provided for in division (C)(5) of that section.	65083

Section 122. INCOME TAX DISTRIBUTION TO COUNTIES

65084

There are hereby appropriated out of any moneys in the state	65085
treasury to the credit of the General Revenue Fund, which are not	65086
otherwise appropriated, funds sufficient to make any payment	65087
required by division (B)(2) of section 5747.03 of the Revised	65088
Code.	65089

Section 123. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	65090
AGAINST THE STATE	65091

Any appropriation may be used for the purpose of satisfying	65092
judgments or settlements in connection with civil actions against	65093
the state in federal court not barred by sovereign immunity or the	65094
Eleventh Amendment to the Constitution of the United States, or	65095
for the purpose of satisfying judgments, settlements, or	65096
administrative awards ordered or approved by the Court of Claims	65097
in connection with civil actions against the state, pursuant to	65098
section 2743.15, 2743.19, or 2743.191 of the Revised Code. This	65099
authorization does not apply to appropriations to be applied to or	65100
used for payment of guarantees by or on behalf of the state, for	65101
or relating to lease payments or debt service on bonds, notes, or	65102
similar obligations and those from the Sports Facilities Building	65103
Fund (Fund 024), the Highway Safety Building Fund (Fund 025), the	65104
Administrative Building Fund (Fund 026), the Adult Correctional	65105
Building Fund (Fund 027), the Juvenile Correctional Building Fund	65106
(Fund 028), the Transportation Building Fund (Fund 029), the Arts	65107
Facilities Building Fund (Fund 030), the Natural Resources	65108
Projects Fund (Fund 031), the School Building Program Assistance	65109
Fund (Fund 032), the Mental Health Facilities Improvement Fund	65110
(Fund 033), the Higher Education Improvement Fund (Fund 034), the	65111
Parks and Recreation Improvement Fund (Fund 035), the State	65112
Capital Improvements Fund (Fund 038), the Highway Obligation Fund	65113
(Fund 041), the Coal Research/Development Fund (Fund 046), and any	65114
other fund into which proceeds of obligations are deposited.	65115
Nothing contained in this section is intended to subject the state	65116
to suit in any forum in which it is not otherwise subject to suit,	65117
nor is it intended to waive or compromise any defense or right	65118
available to the state in any suit against it.	65119

Section 124. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

65120

The maximum amounts that may be assessed against nuclear	65121
electric utilities in accordance with division (B)(2) of section	65122
4937.05 of the Revised Code are as follows:	65123

Section 125. UNCLAIMED FUNDS TRANSER

65133

Notwithstanding division (A) of section 169.05 of the Revised	65134
Code, prior to June 30, 2003, upon the request of the Director of	65135
Budget and Management, the Director of Commerce shall transfer to	65136
the General Revenue Fund up to $30,000,000 of the unclaimed funds	65137
that have been reported by the holder of unclaimed funds as	65138
provided by section 169.05 of the Revised Code, irrespective of	65139
the allocation of the unclaimed funds under that section.	65140

Section 126. GRF TRANSER TO FUND 5N4, ERP PROJECT	65141
IMPLEMENTATION	65142

On July 1, 2001, or as soon thereafter as possible, the	65143
Director of Budget and Management shall transfer $2,432,110 in	65144
cash from the General Revenue Fund to Fund 5N4, ERP Project	65145
Implementation. On July 1, 2002, or as soon thereafter as	65146
possible, the Director of Budget and Management shall transfer	65147
$2,535,770 in cash from the General Revenue Fund to Fund 5N4, ERP	65148
Project Implementation.	65149

Section 127. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

65150

No later than the first day of June in each year of the	65151
biennium, the Director of Budget and Management shall transfer	65152
$1,000,000 from the Corporate and Uniform Commercial Code Filing	65153
Fund to the General Revenue Fund.	65154

Section 128. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

65155

Certain appropriations are in this act for the purpose of	65156
paying debt service and financing costs on general obligation	65157
bonds or notes of the state issued pursuant to the Ohio	65158
Constitution and acts of the General Assembly. If it is	65159
determined that additional appropriations are necessary for this	65160
purpose, such amounts are appropriated.	65161

Section 129.  LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	65162
STATE	65163

Certain appropriations are in this act for the purpose of	65164
making lease payments pursuant to leases and agreements relating	65165
to bonds or notes issued by the Ohio Building Authority or the	65166
Treasurer of State or, previously, by the Ohio Public Facilities	65167
Commission, pursuant to the Ohio Constitution and acts of the	65168
General Assembly. If it is determined that additional	65169
appropriations are necessary for this purpose, such amounts are	65170
appropriated.	65171

Section 130. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO	65172
EFFECTUATE CERTAIN LEASE RENTAL PAYMENTS	65173

The Office of Budget and Management shall initiate and	65174
process disbursements from lease rental payment appropriation	65175
items during the period from July 1, 2001, to June 30, 2003,	65176
pursuant to leases and agreements relating to bonds or notes	65177
issued under Section 2i of Article VIII, Ohio Constitution, and	65178
Chapters 154. and 3318. of the Revised Code. Disbursements shall	65179
be made upon certification by the Treasurer of State of the dates	65180
and amounts due on those dates.	65181

Section 131.  STATE AND LOCAL REBATE AUTHORIZATION

65182

There is hereby appropriated, from those funds designated by	65183
or pursuant to the applicable proceedings authorizing the issuance	65184
of state obligations, amounts computed at the time to represent	65185
the portion of investment income to be rebated or amounts in lieu	65186
of or in addition to any rebate amount to be paid to the federal	65187
government in order to maintain the exclusion from gross income	65188
for federal income tax purposes of interest on those state	65189
obligations pursuant to section 148(f) of the Internal Revenue	65190
Code.	65191

Rebate payments shall be approved and vouchered by the Office	65192
of Budget and Management.	65193

Section 132. TRANSFERS FROM SPECIFIED FUNDS

65194

Notwithstanding any other provision of law to the contrary,	65195
the Commissioners of the Sinking Fund shall transfer the balance	65196
remaining after provision for payment of all outstanding bonds or	65197
notes, coupons, and charges, from the Improvement Bond Retirement	65198
Fund, the Public Improvement Bond Retirement Fund, and the	65199
Development Bond Retirement Fund, to the General Revenue Fund as	65200
expeditiously as possible upon this act taking effect.	65201

Notwithstanding any other provision of law to the contrary,	65202
the Commissioners of the Sinking Fund shall transfer the balance	65203
remaining after provision for payment of all outstanding bonds or	65204
notes, coupons, and charges, from the Highway Improvement Bond	65205
Retirement Fund, to the Highway Operating Fund as expeditiously as	65206
possible upon taking effect of this act.	65207

Section 133.  APPROPRIATIONS RELATED TO CASH TRANSFERS AND	65208
REESTABLISHMENT OF ENCUMBRANCES	65209

Any cash transferred by the Director of Budget and Management	65210
as provided by section 126.15 of the Revised Code is appropriated.	65211
Any amounts necessary to reestablish appropriations or	65212
encumbrances as provided in section 126.15 of the Revised Code are	65213
appropriated.	65214

Section 134.  FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

65215

Pursuant to the plan for compliance with the Federal Cash	65216
Management Improvement Act required by section 131.36 of the	65217
Revised Code, the Director of Budget and Management is authorized	65218
to cancel and reestablish all or parts of encumbrances in like	65219
amounts within the funds identified by the plan. The amounts	65220
necessary to reestablish all or parts of encumbrances are	65221
appropriated.	65222

Section 135. STATEWIDE INDIRECT COST RECOVERY

65223

Whenever the Director of Budget and Management determines	65224
that an appropriation made to a state agency from a fund of the	65225
state is insufficient to provide for the recovery of statewide	65226
indirect costs pursuant to section 126.12 of the Revised Code, the	65227
amount required for such purpose is appropriated from the	65228
available receipts of such fund.	65229

Section 136.  GRF TRANSFERS ON BEHALF OF THE STATEWIDE	65230
INDIRECT COST ALLOCATION PLAN	65231

The total transfers made from the General Revenue Fund by the	65232
Director of Budget and Management pursuant to this section shall	65233
not exceed the amounts transferred into the General Revenue Fund	65234
pursuant to division (B) of section 126.12 of the Revised Code.	65235

A director of an agency may certify to the Director of Budget	65236
and Management the amount of expenses not allowed to be included	65237
in the Statewide Indirect Cost Allocation plan pursuant to federal	65238
regulations, from any fund included in the Statewide Indirect Cost	65239
Allocation plan, prepared as required by section 126.12 of the	65240
Revised Code.	65241

Upon determining that no alternative source of funding is	65242
available to pay for such expenses, the Director of Budget and	65243
Management may transfer from the General Revenue Fund into the	65244
fund for which the certification is made, up to the amount of the	65245
certification. The director of the agency receiving such funds	65246
shall include, as part of the next budget submission prepared	65247
pursuant to section 126.02 of the Revised Code, a request for	65248
funding for such activities from an alternative source such that	65249
further federal disallowances would not be required.	65250

Section 137.  REAPPROPRIATION OF UNEXPENDED ENCUMBERED	65251
BALANCES OF OPERATING APPROPRIATIONS	65252

An unexpended balance of an operating appropriation or	65253
reappropriation that a state agency lawfully encumbered prior to	65254
the close of a fiscal year is reappropriated on the first day of	65255
July of the following fiscal year from the fund from which it was	65256
originally appropriated or reappropriated for the following period	65257
and shall remain available only for the purpose of discharging the	65258
encumbrance:	65259

(A) For an encumbrance for personal services, maintenance,	65260
equipment, or items for resale, other than an encumbrance for an	65261
item of special order manufacture not available on term contract	65262
or in the open market or for reclamation of land or oil and gas	65263
wells for a period of not more than five months from the end of	65264
the fiscal year;	65265

(B) For an encumbrance for an item of special order	65266
manufacture not available on term contract or in the open market,	65267
for a period of not more than five months from the end of the	65268
fiscal year or, with the written approval of the Director of	65269
Budget and Management, for a period of not more than twelve months	65270
from the end of the fiscal year;	65271

(C) For an encumbrance for reclamation of land or oil and	65272
gas wells, for a period ending when the encumbered appropriation	65273
is expended or for a period of two years, whichever is less;	65274

(D) For an encumbrance for any other expense, for such	65275
period as the director approves, provided such period does not	65276
exceed two years.	65277

Any operating appropriations for which unexpended balances	65278
are reappropriated beyond a five-month period from the end of the	65279
fiscal year, pursuant to division (B) of this section, shall be	65280
reported to the Controlling Board by the Director of Budget and	65281
Management by the thirty-first day of December of each year. The	65282
report on each such item shall include the item, the cost of the	65283
item, and the name of the vendor. This report to the board shall	65284
be updated on a quarterly basis for encumbrances remaining open.	65285

Upon the expiration of the reappropriation period set out in	65286
divisions (A), (B), (C), or (D) of this section, a reappropriation	65287
made pursuant to this section lapses, and the Director of Budget	65288
and Management shall cancel the encumbrance of the unexpended	65289
reappropriation no later than the end of the weekend following the	65290
expiration of the reappropriation period.	65291

Notwithstanding the preceding paragraph, with the approval of	65292
the Director of Budget and Management, an unexpended balance of an	65293
encumbrance that was reappropriated on the first day of July	65294
pursuant to this section for a period specified in division (C) or	65295
(D) of this section and that remains encumbered at the close of	65296
the fiscal biennium is hereby reappropriated pursuant to this	65297
section on the first day of July of the following fiscal biennium	65298
from the fund from which it was originally appropriated or	65299
reappropriated for the applicable period specified in division (C)	65300
or (D) of this section and shall remain available only for the	65301
purpose of discharging the encumbrance.	65302

If the Controlling Board approved a purchase, that approval	65303
remains in effect as long as the appropriation used to make that	65304
purchase remains encumbered.	65305

Section 138.  FEDERAL GOVERNMENT INTEREST REQUIREMENTS

65306

Notwithstanding any provision of law to the contrary, on or	65307
before the first day of September of each fiscal year, the	65308
Director of Budget and Management, in order to reduce the payment	65309
of adjustments to the federal government, as determined by the	65310
plan prepared pursuant to division (A) of section 126.12 of the	65311
Revised Code, may designate such funds as the director considers	65312
necessary to retain their own interest earnings.	65313

Section 139. FAMILY SERVICES STABILIZATION FUND

65314

During fiscal year 2002 the Director of Budget and Management	65315
may transfer up to $100 million in cash from the Family Services	65316
Stabilization Fund to the General Revenue Fund.	65317

Section 140. TEMPORARY STABILIZATION OF LOCAL GOVERNMENT	65318
DISTRIBUTIONS	65319

(A) On or before the third day of each month of the period	65320
July 2001 through May 2002, the Tax Commissioner shall determine	65321
the amounts credited under sections 5727.45, 5733.12, 5739.21,	65322
5741.03, and 5747.03 of the Revised Code, respectively, to the	65323
Local Government Fund, to the Library and Local Government Support	65324
Fund, and to the Local Government Revenue Assistance Fund in the	65325
twelfth preceding month. On or before June 3, 2002, the Tax	65326
Commissioner shall determine the amounts credited under sections	65327
5727.45, 5733.12, 5739.21, 5741.03, and 5747.03 of the Revised	65328
Code, respectively, to the Local Government Fund, to the Library	65329
and Local Government Support Fund, and to the Local Government	65330
Revenue Assistance Fund in June 2000. For purposes of this	65331
section, any amount transferred during the period January 1, 2001,	65332
through June 30, 2001 to the Local Government Fund, to the Local	65333
Government Revenue Assistance Fund, or to the Library and Local	65334
Government Support Fund under section 131.44 of the Revised Code	65335
shall be considered to be an amount credited to that respective	65336
fund under section 5747.03 of the Revised Code.	65337

Notwithstanding sections 5727.45, 5733.12, 5739.21, 5741.03,	65338
and 5747.03 of the Revised Code to the contrary, for each month in	65339
the period July 1, 2001, through June 30, 2003, from the public	65340
utility excise, corporate franchise, sales, use, and personal	65341
income taxes collected:	65342

(1) An amount shall first be credited to the Local Government	65343
Fund that equals the amount credited to that fund from that tax	65344
according to the schedule in division (B) of this section.	65345

(2) An amount shall next be credited to the Local Government	65346
Revenue Assistance Fund that equals the amount credited to that	65347
fund from that tax according to the schedule in division (B) of	65348
this section.	65349

(3) An amount shall next be credited to the Library and Local	65350
Government Support Fund that equals the amount credited to that	65351
fund from that tax according to the schedule in division (B) of	65352
this section.	65353

(B) The amounts shall be credited from each tax to each	65354
respective fund as follows:	65355

(1) In July 2001 and July 2002, the amounts credited in July	65356
2000;	65357

(2) In August 2001 and August 2002, the amounts credited in	65358
August 2000;	65359

(3) In September 2001 and September 2002, the amounts	65360
credited in September 2000;	65361

(4) In October 2001 and October 2002, the amounts credited in	65362
October 2000;	65363

(5) In November 2001 and November 2002, the amounts credited	65364
in November 2000;	65365

(6) In December 2001 and December 2002, the amounts credited	65366
in December 2000;	65367

(7) In January 2002 and January 2003, the amounts credited	65368
in January 2001;	65369

(8) In February 2002 and February 2003, the amounts credited	65370
in February 2001;	65371

(9) In March 2002 and March 2003, the amounts credited in	65372
March 2001;	65373

(10) In April 2002 and April 2003, the amounts credited in	65374
April 2001;	65375

(11) In May 2002 and May 2003, the amounts credited in May	65376
2001;	65377

(12) In June 2002 and June 2003, the amounts credited in June	65378
2000.	65379

(C) Notwithstanding section 5727.84 of the Revised Code to	65380
the contrary, for the period July 1, 2001, through June 30, 2003,	65381
no amounts shall be credited to the Local Government Fund or to	65382
the Local Government Revenue Assistance Fund from the kilowatt	65383
hour tax, and such amounts that would have otherwise been required	65384
to be credited to such funds shall instead be credited to the	65385
General Revenue Fund. Notwithstanding section 131.44 of the	65386
Revised Code to the contrary, for the period July 1, 2001, through	65387
June 30, 2003, no amounts shall be transferred to the Local	65388
Government Fund, the Local Government Revenue Assistance Fund, or	65389
the Library and Local Government Support Fund from the Income Tax	65390
Reduction Fund, and such amounts that would have otherwise been	65391
transferred to such funds from the Income Tax Reduction Fund shall	65392
instead be transferred to the General Revenue Fund.	65393

Notwithstanding any other provision of law to the contrary,	65394
the Tax Commissioner shall compute separate adjustments to the	65395
amounts credited from the public utility excise, corporate	65396
franchise, sales, use, and personal income taxes to the Local	65397
Government Fund, the Local Government Revenue Assistance Fund, and	65398
the Library and Local Government Support Fund during July 2001.	65399
The adjustments shall equal the amount credited to each respective	65400
fund from each respective tax during June 2000 minus the amount	65401
credited to that fund from that tax during June 2001. If an	65402
adjustment is a positive amount, during July 2001, such amount	65403
shall be credited to the Local Government Fund, the Local	65404
Government Revenue Assistance Fund, or the Library and Local	65405
Government Support Fund, as appropriate, and shall be deducted	65406
from the General Revenue Fund. If an adjustment is a negative	65407
amount, during July 2001, such amount shall be deducted from the	65408
Local Government Fund, the Local Government Revenue Assistance	65409
Fund, or the Library and Local Government Support Fund, as	65410
appropriate, and shall be credited to the General Revenue Fund.	65411
Any amount remaining in the Local Government Fund, the Local	65412
Government Revenue Assistance Fund, or the Library and Local	65413
Government Support Fund after the distributions from such funds	65414
are made to local governments in August 2001, shall be certified	65415
by the Tax Commissioner to the Director of Budget and Management	65416
by August 15, 2001, and the Director of Budget and Management	65417
shall transfer such amount from each respective fund to the	65418
General Revenue Fund by August 31, 2001.	65419

For purposes of this section, "pro rata share" means the	65420
percentage calculated for each county and used in each month of	65421
the period July 2000 through June 2001 to distribute the amounts	65422
credited to the Library and Local Government Support Fund in	65423
accordance with section 5747.47 of the Revised Code.	65424

Notwithstanding any other provision of law to the contrary,	65425
in July 2001, each county undivided library and local government	65426
support fund shall receive from the Library and Local Government	65427
Support Fund an amount equal to the amount it would have received	65428
pursuant to section 5747.47 of the Revised Code for that month,	65429
minus its pro rata share of any amount that has been or shall be	65430
transferred from the Library and Local Government Support Fund to	65431
the OPLIN Technology Fund in that month. In August 2001, each	65432
county undivided library and local government support fund shall	65433
receive from the Library and Local Government Support Fund an	65434
amount equal to the amount it received from that fund in July 2000	65435
and August 2000 minus the amount it received from that fund in	65436
July 2001 and minus its pro rata share of any amount transferred	65437
from that fund to the OPLIN Technology Fund in July 2001 or August	65438
2001. In August 2001, each county undivided local government fund	65439
shall receive from the Local Government Fund, each municipality	65440
that receives a distribution directly from the Local Government	65441
Fund shall receive from that fund, and each county undivided local	65442
government revenue assistance fund shall receive from the Local	65443
Government Revenue Assistance Fund an amount equal to the amount	65444
it received from that respective fund in July 2000 and August 2000	65445
minus the amount it received from that respective fund in July	65446
2001. In each month of the periods September 1, 2001, through June	65447
30, 2002, and September 1, 2002, through June 30, 2003, each	65448
county undivided local government fund shall receive from the	65449
Local Government Fund, each municipality that receives a	65450
distribution directly from the Local Government Fund shall receive	65451
from that fund, each county undivided local government revenue	65452
assistance fund shall receive from the Local Government Revenue	65453
Assistance Fund, and each county undivided library and local	65454
government support fund shall receive from the Library and Local	65455
Government Support Fund, the same amount it received from that	65456
respective fund in the corresponding month of the period September	65457
1, 2000, through June 2001. In each month of the period July 1,	65458
2002, through August 31, 2002, and in the month of July 2003, each	65459
county undivided local government fund shall receive from the	65460
Local Government Fund, each municipality that receives a	65461
distribution directly from the Local Government Fund shall receive	65462
from that fund, each county undivided local government revenue	65463
assistance fund shall receive from the Local Government Revenue	65464
Assistance Fund, and each county undivided library and local	65465
government support fund shall receive from the Library and Local	65466
Government Support Fund, the same amount it received from that	65467
respective fund in the corresponding month of the period July 1,	65468
2000, through August 31, 2000. If during any month of the period	65469
September 1, 2001, through July 31, 2003, a transfer is made from	65470
the Library and Local Government Support Fund to the OPLIN	65471
Technology Fund, the amount distributed to each county undivided	65472
library and local government support fund shall be reduced by its	65473
pro rata share of the amount transferred.	65474

During the period July 1, 2001, through July 31, 2003, the	65475
Director of Budget and Management shall issue those directives to	65476
state agencies that are necessary to ensure that the appropriate	65477
amounts are distributed to the Local Government Fund, to the Local	65478
Government Revenue Assistance Fund, and to the Library and Local	65479
Government Support Fund to accomplish the purposes of this	65480
section.	65481

Section 141. Notwithstanding section 131.43 of the Revised	65482
Code, on or before June 30, 2001, if the Director of Budget and	65483
Management determines that the unobligated and unencumbered	65484
balance in the General Revenue Fund at the end of fiscal year 2001	65485
will be less than $188,200,000, the Director shall transfer cash	65486
from the Budget Stabilization Fund to the General Revenue Fund in	65487
the amount necessary to achieve that ending balance amount.	65488

Within ten days of making such a transfer, the Director shall	65489
submit a report to the Governor, the Speaker of the House of	65490
Representatives, the President of the Senate, the Minority Leader	65491
of the House of Representatives, and the Minority Leader of the	65492
Senate that describes the amount of the transfer and the reasons	65493
for determining that the transfer was necessary.	65494

Section 142. BUDGET STABILIZATION FUND TRANSFERS FOR THE	65495
DEPARTMENT OF JOB AND FAMILY SERVICES	65496

Notwithstanding section 131.43 and division (D) of section	65497
127.14 of the Revised Code, if the Director of Budget and	65498
Management, in consultation with the Director of Job and Family	65499
Services, determines that Medicaid expenditures for the biennium	65500
are likely to exceed the amounts appropriated in the Department of	65501
Job and Family Services appropriation item 600-525, Health	65502
Care/Medicaid, the Director of Budget and Management may, with	65503
Controlling Board approval, tranfer up to $150 million in cash	65504
from the Budget Stabilization Fund to the General Revenue Fund and	65505
increase the appropriation to appropriation item 600-525, Health	65506
Care/Medicaid, accordingly. In increasing the appropriation to	65507
appropriation item 600-525, Health Care/Medicaid, the Director of	65508
Budget and Management shall add to the amount transferred from the	65509
Budget Stabilization Fund appropriation amounts that are	65510
attributable to the federal match that is indicated by the state	65511
and federal division of appropriation item 600-525, Health	65512
Care/Medicaid, as represented in this act. Before any transfers	65513
are authorized, the Director of Budget and Management shall	65514
exhaust the possibilities for transfers of moneys within the	65515
Department of Job and Family Services to meet the identified	65516
shortfall.	65517

Section 143. BUDGET STABILIZATION FUND TRANSFERS TO THE	65518
EMERGENCY PURPOSES FUND	65519

Notwithstanding section 131.43 of the Revised Code and	65520
division (D) of section 127.14 of the Revised Code, the Director	65521
of Budget and Management may, with Controlling Board approval,	65522
transfer up to $5 million, in each of fiscal years 2002 and 2003,	65523
from the Budget Stabilization Fund to the Emergency Purposes Fund	65524
of the Controlling Board, which is hereby created in the state	65525
treasury, and establish the necessary appropriation authority. The	65526
Controlling Board may, at the request of any state agency or the	65527
Director of Budget and Management, transfer all or part of the	65528
moneys in the fund for the purpose of providing disaster and	65529
emergency situation aid to state agencies and political	65530
subdivisions in the event of disasters and emergency situations.	65531

Section 144. TRANSFERS TO THE GENERAL REVENUE FUND

65532

Notwithstanding any other provision of law to the contrary,	65533
during fiscal years 2002 and 2003, the Director of Budget and	65534
Management is hereby authorized to transfer cash from non-federal,	65535
non-General Revenue Fund funds that are not constitutionally	65536
restricted to the General Revenue Fund. The total amount of cash	65537
transfers made pursuant to this section to the General Revenue	65538
Fund during fiscal years 2002 and 2003 shall not exceed	65539
$31,794,657.	65540

Section 145.  That Section 5 of Am. Sub. S.B. 50 of the 121st	65541
General Assembly, as most recently amended by Am. Sub. H.B. 283 of	65542
the 123rd General Assembly, be amended to read as follows:	65543

"       Sec. 5.  Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st	65544
General Assembly shall take effect July 1, 20012003."	65545

Section 146.  That existing Section 5 of Am. Sub. S.B. 50 of	65546
the 121st General Assembly, as most recently amended by Am. Sub.	65547
H.B. 283 of the 123rd General Assembly, is hereby repealed.	65548

Section 147.  That Section 153 of Am. Sub. H.B. 117 of the	65549
121st General Assembly, as most recently amended by Am. Sub. H.B.	65550
283 of the 123rd General Assembly, be amended to read as follows:	65551

"       Sec. 153.  (A) Sections 5112.01, 5112.03, 5112.04,	65552
5112.05, 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11,	65553
5112.18, 5112.19, 5112.21, and 5112.99 of the Revised Code are	65554
hereby repealed, effective July 1October 16, 20012003.	65555

(B) Any money remaining in the Legislative Budget Services	65556
Fund on July 1October 16, 20012003, the date that section	65557
5112.19 of the Revised Code is repealed by division (A) of this	65558
section, shall be used solely for the purposes stated in then	65559
former section 5112.19 of the Revised Code. When all money in the	65560
Legislative Budget Services Fund has been spent after then former	65561
section 5112.19 of the Revised Code is repealed under division (A)	65562
of this section, the fund shall cease to exist."	65563

Section 148.  That existing Section 153 of Am. Sub. H.B. 117	65564
of the 121st General Assembly, as most recently amended by Am.	65565
Sub. H.B. 283 of the 123rd General Assembly, is hereby repealed.	65566

Section 149. That Section 3 of Am. Sub. H.B. 440 of the 121st	65567
General Assembly, as most recently amended by Sub. S.B. 245 of the	65568
123rd General Assembly, be amended to read as follows:	65569

"       Sec. 3.  Sections 122.23, 122.24, 122.25, 122.26, and 122.27	65570
of the Revised Code are hereby repealed, effective July 1, 2001	65571
2003."	65572

Section 150. That existing Section 3 of Am. Sub. H.B. 440 of	65573
the 121st General Assembly, as most recently amended by Sub. S.B.	65574
245 of the 123rd General Assembly, is hereby repealed.	65575

Section 151.  That Section 3 of Am. Sub. H.B. 215 of the	65576
122nd General Assembly, as amended by Am. Sub. H.B. 283 of the	65577
123rd General Assembly, be amended to read as follows:	65578

"       Sec. 3.  Section 1751.68 of the Revised Code is hereby	65579
repealed, effective July 1, 2001October 16, 2003."	65580

Section 152.  That existing Section 3 of Am. Sub. H.B. 215 of	65581
the 122nd General Assembly, as amended by Am. Sub. H.B. 283 of the	65582
123rd General Assembly, is hereby repealed.	65583

Section 153. That Section 3 of Am. Sub. H.B. 621 of the 122nd	65584
General Assembly, as most recently amended by Am. Sub. H.B. 283 of	65585
the 123rd General Assembly, be amended to read as follows:	65586

"       Sec. 3.  That sections 166.031, 901.80, 901.81, 901.82, and	65587
901.83 of the Revised Code are hereby repealed, effective July 1,	65588
20012003."	65589

Section 154. That existing Section 3 of Am. Sub. H.B. 621 of	65590
the 122nd General Assembly, as most recently amended by Am. Sub.	65591
H.B. 283 of the 123rd General Assembly, is hereby repealed.	65592

Section 155. That Section 9 of Am. Sub. S.B. 192 of the 123rd	65593
General Assembly be amended to read as follows:	65594

"       Sec. 9.  All items set forth in this section are hereby	65595
appropriated out of any moneys in the state treasury to the credit	65596
of the Law Enforcement Improvements Trust Fund (Fund J87) that are	65597
not otherwise appropriated.	65598

Appropriations

AGO ATTORNEY GENERAL

65599

Section 156. That existing Section 9 of Am. Sub. S.B. 192 of	65607
the 123rd General Assembly is hereby repealed.	65608

Section 157. That Section 18 of Am. Sub. S.B. 192 of the	65609
123rd General Assembly, as amended by Sub. S.B. 346 of the 123rd	65610
General Assembly, be amended to read as follows:	65611

"       Sec. 18.  (A) The Tobacco Oversight Accountability Panel is	65612
hereby created. The committee shall consist of the Director of	65613
Budget and Management or the Director's designee, three members of	65614
the House of Representatives appointed by the Speaker of the House	65615
of Representatives, no more than two of whom shall belong to the	65616
same political party as the Speaker, and three members of the	65617
Senate appointed by the President of the Senate, no more than two	65618
of whom shall belong to the same political party as the President.	65619

(B) The Panel shall develop appropriate achievement	65620
benchmarks for each of the following:	65621

(1) The Tobacco Use Prevention and Cessation Trust Fund;

65622

(2) The Law Enforcement Improvements Trust Fund;

65623

(3) The Southern Ohio Agricultural and Community Development	65624
Trust Fund;	65625

(4) Ohio's Public Health Priorities Trust Fund;

65626

(5) The Biomedical Research and Technology Transfer Trust	65627
Fund;	65628

(6) The Education Facilities Trust Fund;

65629

(7) The Education Technology Trust Fund.

65630

(C) On or before July 1December 31, 2001, the Panel shall	65631
submit a report describing the achievement benchmarks developed	65632
under division (B) of this section to the Governor, the General	65633
Assembly, and the chairpersons and ranking minority members of the	65634
finance committees of the Senate and House of Representatives.	65635
Upon submitting the report, the panel shall cease to exist."	65636

Section 158. That existing Section 18 of Am. Sub. S.B. 192	65637
of the 123rd General Assembly, as amended by Sub. S.B. 346 of the	65638
123rd General Assembly, is hereby repealed.	65639

Section 159. That Section 4 of Am. S.B. 210 of the 123rd	65640
General Assembly be amended to read as follows:	65641

"       Sec. 4.  (A) There is hereby created the Civil Service	65642
Review Commission. The Commission shall consist of the following	65643
members:	65644

(1) Three members of the Senate appointed by the President	65645
of the Senate, with at least one member from the minority party;	65646

(2) Three members of the House of Representatives appointed	65647
by the Speaker of the House of Representatives, with at least one	65648
member from the minority party;	65649

(3) Nine members appointed by the Governor, of whom one	65650
shall be the Director of Administrative Services or the Director's	65651
designee, one shall be from a union representing the largest	65652
number of state employees, one shall be from a union representing	65653
the largest number of local government employees, two shall be	65654
recommended by a statewide organization representing counties, two	65655
shall be recommended by a statewide organization representing	65656
municipal corporations, and two shall represent the public.	65657

All appointments shall be made not later than one month after	65658
the effective date of this sectionSeptember 22, 2000. The	65659
Commission shall be co-chaired by a member of the House of	65660
Representatives designated by the Speaker of the House of	65661
Representatives and a member of the Senate designated by the	65662
President of the Senate. The co-chairs shall alternate chairing	65663
meetings of the Commission by agreement of the co-chairs.	65664

(B) The Commission shall review civil service laws and	65665
practice under those laws in Ohio. In conducting the review, the	65666
Commission shall conduct a comprehensive analysis of Ohio's civil	65667
service laws as set forth in the Revised Code and associated	65668
rules, including an analysis of how the laws and any associated	65669
rules are applied in practice by public entities across Ohio.	65670
Additionally, the Commission may review decisions of the Personnel	65671
Board of Review created in section 124.05 of the Revised Code or	65672
other administrative and judicial bodies to determine how	65673
decisions of the Board or those other bodies influence the	65674
interpretation or application of civil service laws. The	65675
Commission also may review practices and innovations of public	65676
entities in other states. The Commission may call witnesses and	65677
review any other information that it determines to be appropriate	65678
and may consider recommendations of the Governor's Management	65679
Improvement Commission.	65680

(C) Upon completion of its review under division (B) of this	65681
section, but not later than nine months after all of the	65682
appointments have been made under division (A) of this section	65683
December 31, 2001, the Commission shall issue a report to the	65684
President of the Senate and the Speaker of the House of	65685
Representatives. The report shall identify current statutes,	65686
rules, practices, and procedures and shall make recommendations	65687
for changes to those statutes, rules, practices, and procedures	65688
that the Commission determines necessary to improve them. Upon	65689
issuance of the report under this division, the Commission ceases	65690
to exist."	65691

Section 160. That existing Section 4 of Am. S.B. 210 of the	65692
123rd General Assembly is hereby repealed.	65693

Section 161. That Sections 9a and 28.43 of Sub. S.B. 245 of	65694
the 123rd General Assembly be amended to read as follows:	65695

Reappropriations

"       Sec. 9a.  DYS DEPARTMENT OF YOUTH SERVICES

65696

MUSKINGUM COUNTY JUVENILE JUSTICE CENTER

65700

The amount reappropriated for the foregoing appropriation	65701
item CAP-830, Muskingum County Juvenile Justice Center, shall be	65702
$600,000.	65703

Sec. 28.43. SOC SOUTHERN STATE COMMUNITY COLLEGE

65704

CLINTON COUNTY FACILITY

65709

The amount reappropriated for the foregoing appropriation	65710
item CAP-022, Clinton County Facility, shall be the sum of the	65711
unencumbered and unallotted balances as of June 30, 2000, in	65712
appropriation item CAP-022, plus $70,142."	65713

Section 162. That existing Sections 9a and 28.43 of Sub. S.B.	65714
245 of the 123rd General Assembly is hereby repealed.	65715

Section 163. That Sections 10 and 13 of Am. Sub. S.B. 287 of	65716
the 123rd General Assembly be amended to read as follows:	65717

"       Sec. 10. The excise tax imposed by section 5727.811 of the	65718
Revised Code shall first apply to every natural gas distributed	65719
distribution company for all natural gas volumes billed by, or on	65720
behalf of, the company on and after July 1, 2001. Before that	65721
date, a natural gas distribution company shall register with the	65722
Tax Commissioner in accordance with section 5727.93 of the Revised	65723
Code, as amended by this actAm. Sub. S.B. 287 of the 123rd	65724
General Assembly.	65725

Sec. 13. (A) The amendment or enactment by this actAm. Sub.	65726
S.B. 287 of the 123rd General Assembly of sections 5733.053,	65727
5733.06, 5733.40, 5747.221, and 5747.24 of the Revised Code first	65728
applies to tax year 2002.	65729

(B) The amendment by Am. Sub. S.B. 287 of the 123rd General	65730
Assembly of section 5733.40 of the Revised Code applies to taxable	65731
years beginning in 2001 or thereafter."	65732

Section 164. That existing Sections 10 and 13 of Am. Sub.	65733
S.B. 287 of the 123rd General Assembly are hereby repealed.	65734

Section 165. That Section 129 of Am. Sub. H.B. 283 of the	65735
123rd General Assembly be amended to read as follows:	65736

"       Sec. 129.  MORATORIUM FOR NEW MR/DD RESIDENTIAL FACILITY	65737
BEDS	65738

(A) DuringNotwithstanding sections 5123.042 and 5123.19 of	65739
the Revised Code, during the period beginning July 1, 19992001,	65740
and ending June 30, 2001October 15, 2003, the DepartmentDirector	65741
of Mental Retardation and Developmental Disabilities shall not	65742
issuerefuse to approve a proposal for the development approval	65743
for, norof residential facility beds or to issue a license under	65744
section 5123.19 of the Revised Code, new residential facilityif	65745
the approval or issuance will result in an increase in the number	65746
of residential facility beds for persons with mental retardation	65747
or developmental disabilities, except that the department may	65748
approve the development or licensure, or both, of such new beds in	65749
an emergency. The department shall adopt rules in accordance with	65750
Chapter 119. of the Revised Code specifying what constitutes an	65751
emergency for the purposes of this sectionabove the statewide	65752
total number of residential facility beds on October 28, 1993. For	65753
purposes of identifying the number of beds that existed on that	65754
date, the Director shall include the number of nursing home beds	65755
that were being operated under section 5123.192 of the Revised	65756
Code as intermediate care facility for the mentally retarded beds	65757
certified by the Department of Health under Title XIX of the	65758
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as	65759
amended. A modification, replacement, or relocation of existing	65760
beds in a residential facility licensed under section 5123.19 of	65761
the Revised Code shall not be considered an increase described in	65762
this division. The director shall adopt rules in accordance with	65763
Chapter 119. of the Revised Code specifying what constitutes a	65764
modification, replacement, or relocation of existing beds.	65765

(B) For the purposes of division (A) of this section, the	65766
following shall not be considered new beds:	65767

(1) Beds relocated from one facility to another, if the	65768
facility from which the beds are relocated reduces the number of	65769
its beds by the same number of beds that are relocated to the	65770
other facility;	65771

(2) Beds to replace others that the Director of Health	65772
determines no longer comply with the standards of the Medical	65773
Assistance Program established under Chapter 5111. of the Revised	65774
Code and Title XIX of the Social Security Act, 49 Stat. 620	65775
(1935), 42 U.S.C.A. 301, as amended."	65776

Section 166. That existing Section 129 of Am. Sub. H.B. 283	65777
of the 123rd General Assembly is hereby repealed.	65778

Section 167. That Section 1 of Sub. H.B. 574 of the 123rd	65779
General Assembly be amended to read as follows:	65780

"       Sec. 1.  (A) Within thirty days after the effective date of	65781
this actNot later than January 31, 2001, a joint legislative	65782
committee shall be appointed to study the impact of high	65783
technology start-up businesses on economic development and small	65784
businesses in this state and certain other matters. The committee	65785
shall consist of seventeen members, two of whom shall serve as	65786
co-chairpersons, as follows:	65787

(1) Three members from the House of Representatives, two of	65788
whom shall be appointed by the Speaker of the House of	65789
Representatives and one of whom shall be appointed by the Minority	65790
Leader of the House of Representatives. The Speaker of the House	65791
of Representatives shall designate one of the members appointed by	65792
the Speaker as a co-chairperson of the committee.	65793

(2) Three members from the Senate, two of whom shall be	65794
appointed by the President of the Senate and one of whom shall be	65795
appointed by the Minority Leader of the Senate. The President of	65796
the Senate shall appoint one of the members appointed by the	65797
President as a co-chairperson of the committee.	65798

(3) One former member of the House of Representatives	65799
appointed by the Speaker of the House of Representatives;	65800

(4) One former member of the Senate appointed by the	65801
President of the Senate;	65802

(5) One member, appointed by the Speaker of the House of	65803
Representatives, who shall represent the venture capital industry	65804
in the state;	65805

(6) One member, appointed by the President of the Senate,	65806
who shall be an attorney and an expert in high-technology legal	65807
issues;	65808

(7) Six members appointed by the Governor, three of whom	65809
shall represent a different private business association in the	65810
state, one of whom shall represent an Ohio labor organization, one	65811
of whom shall represent an Edison Center, as defined in division	65812
(A) of section 122.15 of the Revised Code, and one of whom shall	65813
be a member of the Governor's Small Business Advisory Council;	65814

(8) The Director of Development or the Director's designee.

65815

(B) The members of the committee shall serve without	65816
compensation, but shall be reimbursed for their actual and	65817
necessary travel and other expenses incurred in the performance of	65818
their official duties as committee members. Witnesses called to	65819
testify before the committee shall be reimbursed for their actual	65820
and necessary travel expenses incurred in attending committee	65821
hearings. These and other expenses associated with the	65822
committee's performance of its functions shall be paid from any	65823
funds appropriated for the operation of committees of the General	65824
Assembly.	65825

(C) The committee shall examine how to retain high	65826
technology start-up businesses in the state, the factors	65827
motivating these businesses to locate in the state or to relocate	65828
out of the state, and the overall impact of these businesses on	65829
economic development and small businesses in Ohio. The committee	65830
shall submit a report along with its recommendations based on the	65831
study to the General Assembly by AugustMarch 1, 20012002. Upon	65832
submitting its report and recommendations, the committee shall	65833
cease to exist."	65834

Section 168. That existing Section 1 of Sub. H.B. 574 of the	65835
123rd General Assembly is hereby repealed.	65836

Section 169. * That Sections 6.02, 9, 21.01, and 23 of Am.	65837
Sub. H.B. 640 of the 123rd General Assembly be amended to read as	65838
follows:	65839

"       Sec. 6.02.  AFC ARTS AND SPORTS FACILITIES COMMISSION

65840

GREAT LAKES LEAGUE BASEBALL STADIUM IN LAKE COUNTY

65847

Notwithstanding division (F) of section 3383.07 of the	65848
Revised Code, all or a portion of the foregoing appropriation item	65849
CAP-818, Great Lakes League Baseball Stadium in Lake County, may	65850
be expended for the cost of preparing a financial and development	65851
plan or feasibility study, and purchasing engineering and	65852
architectural services, designs, plans, specifications, surveys,	65853
and estimates of costs for that Great Lakes League Baseball	65854
Stadium in Lake County. Any amount expended for that purpose from	65855
the appropriation shall count toward the maximum fifteen percent	65856
of the construction cost of the sports facility to be paid from	65857
state funds.	65858

COOPER STADIUM RELOCATION FEASIBILITY STUDY

65859

Notwithstanding division (F) of section 3383.07 of the	65860
Revised Code, all or a portion of the foregoing appropriation item	65861
CAP-819, Cooper Stadium Relocation Feasibility Study, may be	65862
expended for the cost of preparing a financial and development	65863
plan or feasibility study, renovation, and purchasing engineering	65864
and architectural services, designs, plans, specifications,	65865
surveys, and estimates of costs for that Cooper Stadium. Any	65866
amount expended for that purpose from the appropriation shall	65867
count toward the maximum fifteen percent of the construction cost	65868
of the sports facility to be paid from state funds.	65869

Sec. 9.  All items set forth in this section are hereby	65870
appropriated out of any moneys in the state treasury to the credit	65871
of the Waterways Safety Fund (Fund 086), which are not otherwise	65872
appropriated.	65873

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

65874

Sec. 21.01. ADA DEPARTMENT OF ALCOHOL AND DRUG

65884

ADDICTION SERVICES

65885

COMMUNITY ASSISTANCE PROJECTS

65889

Of the foregoing appropriation item CAP-002, Community	65890
Assistance Projects, $225,000 shall be used for the Adelante Drug	65891
and Alcohol Treatment Facility, $100,000 shall be used for the	65892
Foundations Recovery Center, and $40,000 shall be used for the	65893
Sojourner Women's and Children's Outpatient Center.	65894

RESPONSIBILITY FOR FACILITIES

65895

No portion of the foregoing appropriation item, CAP-002,	65896
Community Assistance Projects, shall be used for the Hamilton	65897
County Alcohol and Drug Addiction Services Center or the Stark	65898
County Alcohol and Drug Addiction Services Center until the	65899
Department of Alcohol and Drug Addiction Services and the county	65900
in which the facility is located first enter into an agreement	65901
regarding the transfer of the title of the facility and the	65902
associated property from the state to the county in which it is	65903
located. If the county refuses or otherwise fails to enter into	65904
an agreement on or before June 30, 2001, the department may	65905
transfer title to the facility and associated property to any	65906
other person or entity when the transfer is deemed advantageous to	65907
the state. It shall be specified in the agreement that when title	65908
to the facility and associated property is transferred, then	65909
immediately upon the transfer of title the transferee shall assume	65910
all responsibility, including financial responsibility, for the	65911
facility and associated property. The foregoing condition placed	65912
on the release of funds to the Hamilton County Alcohol and Drug	65913
Addiction Services Center and the Stark County Alcohol and Drug	65914
Addiction Services Center shall not apply if such release of funds	65915
is necessary to protect the health and safety of the Center	65916
patients.	65917

Sec. 23.  All items set forth in this section are hereby	65918
appropriated out of any moneys in the state treasury to the credit	65919
of the Parks and Recreation Improvement Fund (Fund 035) created by	65920
division (F) of section 154.22 of the Revised Code, derived from	65921
the proceeds of obligations heretofore and herein authorized, to	65922
pay costs of capital facilities, as defined in section 154.01 of	65923
the Revised Code, for parks and recreation.	65924

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

65925

FEDERAL REIMBURSEMENT

65941

All reimbursements received from the federal government for	65942
any expenditures made pursuant to this section shall be deposited	65943
in the state treasury to the credit of the Parks and Recreation	65944
Improvement Fund (Fund 035).	65945

LOCAL PARKS PROJECTS

65946

Of the foregoing appropriation item CAP-748, Local Parks	65947
Projects, $100,000 shall be used for the Darke County Park	65948
District; $750,000$500,000 shall be used for Erie Metro Parks	65949
Land Acquisition; $40,000 shall be used for Grove City Fryer Park	65950
Improvements; $60,000 shall be used for Ritter Park Improvements;	65951
$125,000 shall be used for Highland Community Park Improvements;	65952
$12,500 shall be used for Big Prairie/Lakeville Park Improvements;	65953
$25,000 shall be used for Holmes County Park Improvements; $25,000	65954
shall be used for Stockport Riverfront Park Improvements; $50,000	65955
shall be used for Silver Park Improvements; $50,000 shall be used	65956
for New Philadelphia City Park Improvements; $100,000 shall be	65957
used for Dover Park Improvements; $40,000 shall be used for	65958
Newcomerstown Park Improvements; $60,000 shall be used for	65959
Sugarcreek Park Improvements; $20,000 shall be used for Dodge Park	65960
Improvements; $20,000 shall be used for Grandview Park	65961
Improvements; $6,500 shall be used for Crossroads Park	65962
Improvements; $38,000 shall be used for Wauseon Park Land	65963
Acquisition; $450,000 shall be used for Barberton Park	65964
Improvements; $150,000 shall be used for Black Swamp Land	65965
AcquisitionImprovements; $50,000 shall be used for Felicity Park	65966
Improvements; $50,000 shall be used for Cincinnati Whitewater	65967
Canal Tunnel Park; $75,000 shall be used for the Walbridge Parks	65968
Improvements; $50,000 shall be used for the Village of Richwood	65969
Parks; $112,000 shall be used for the West Creek Preserve - City	65970
of Parma; $100,000 shall be used by the West Creek Preservation	65971
Committee for a West Creek Watershed Project; and $350,000 shall	65972
be used for Stark County Parks.	65973

LOCAL PARKS PROJECTS - RIVERFRONT PLAZA

65974

Of the foregoing appropriation item CAP-748, Local Parks	65975
Projects, $1,000,000 shall be used for Riverfront Plaza in	65976
Cincinnati. The Director of Natural Resources shall study and	65977
determine whether it is feasible and suitable to include the	65978
Riverfront Plaza in the state park system.	65979

STATEWIDE TRAILS PROGRAM

65980

Of the foregoing appropriation item CAP-876, Statewide Trails	65981
Program, $2,000,000 shall be used for the Ohio to Erie Bike Trail	65982
in Greene County, Madison County, and Clark County; $125,000 shall	65983
be used for the Bike Path Extension in Delaware County; $150,000	65984
shall be used for the Village Green Hillside Bike/Hike Path in	65985
Butler County; $150,000 shall be used for the Pleasant Run Creek	65986
Bike/Hike Path in Butler County; $500,000 shall be used for the	65987
Delhi Nature Trail in Hamilton County; $50,000 shall be used for	65988
the New Richmond Bike Path; and $50,000 shall be used for the Lake	65989
to River Greenway Bike Path in Trumbull County.	65990

SCIOTO RIVERFRONT IMPROVEMENTS

65991

Of the foregoing appropriation item CAP-787, Scioto	65992
Riverfront Improvements, $7,750,000 shall be used for Spring and	65993
Long Park and $1,425,000 shall be used for Whittier peninsula	65994
property acquisition and demolition.	65995

STATE PARK RENOVATIONS/UPGRADING

65996

Of the foregoing appropriation item CAP-836, State Park	65997
Renovations/Upgrading, $50,000 shall be used for the Kennedy Stone	65998
House Improvements in Salt Fork State Park."	65999

Section 170. * That existing Sections 6.02, 9, 21.01, and 23	66000
of Am. Sub. H.B. 640 of the 123rd General Assembly are hereby	66001
repealed.	66002

Section 171. * That Sections 6.01 and 18 of Am. Sub. H.B.	66003
640 of the 123rd General Assembly, as most recently amended by Am.	66004
Sub. S.B. 346 of the 123rd General Assembly, be amended to read as	66005
follows:	66006

Appropriations

"       Sec. 6.01.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

66007

RURAL AREAS HISTORICAL PROJECTS

66013

From the foregoing appropriation item CAP-785, Rural Areas	66014
Historical Projects, grants shall be made for the following	66015
projects:	66016

RURAL AREAS COMMUNITY IMPROVEMENTS

66059

From the foregoing appropriation item CAP-786, Rural Areas	66060
Community Improvements, grants shall be made for the following	66061
projects:	66062

ROSS COUNTY MULTI-PURPOSE FACILITY

66170

Of the foregoing appropriation item CAP-786, Rural Areas	66171
Community Improvements, the $50,000 earmarked for the Ross County	66172
Multi-Purpose Facility is for a feasibility study for the	66173
facility. Yoctangee Park in Chillicothe, Ohio, is specifically	66174
excluded as a site from any feasibility study for a multi-purpose	66175
facility.	66176

PORTAGE COUNTY SHERIFF'S DEPARTMENT SHOOTING RANGE

66177

Of the foregoing appropriation item CAP-786, Rural Areas	66178
Community Improvements, the $200,000 earmarked for the Portage	66179
County Sheriff's Department Shooting Range shall be distributed to	66180
the Portage County Sheriff's Department for utilization by that	66181
department for a training facility. Any structure so constructed	66182
with these funds shall be used by the Portage County Sheriff's	66183
Department as a training facility for ten years or moneys must be	66184
repaid to the state by Portage County. The Portage County	66185
Sheriff's Department may contract with other law enforcement	66186
agencies to use the training facility.	66187

URBAN AREAS COMMUNITY IMPROVEMENTS

66188

From the foregoing appropriation item CAP-817, Urban Areas	66189
Community Improvements, grants shall be made for the following	66190
projects:	66191

COMMUNITY THEATRE RENOVATIONS

66265

From the foregoing appropriation item CAP-818, Community	66266
Theatre Renovations, grants shall be made for the following	66267
projects:	66268

Sec. 18.  All items set forth in this section are hereby	66279
appropriated out of any moneys in the state treasury to the credit	66280
of the Arts Facilities Building Fund (Fund 030). Revenues to the	66281
Arts Facilities Building Fund shall consist of proceeds of	66282
obligations authorized to pay costs of the following capital	66283
improvements:	66284

Appropriations

AFC ARTS FACILITIES COMMISSION

66285

Section 172. * That existing Sections 6.01 and 18 of Am.	66320
Sub. H.B. 640 of the 123rd General Assembly, as most recently	66321
amended by Am. Sub. S.B. 346, are hereby repealed.	66322

Section 173. That Section 4 of Am. Sub. H.B. 478 of the 119th	66323
General Assembly, as amended by Am. Sub. S.B. 300 of the 121st	66324
General Assembly and Am. Sub. H.B. 215 of the 122nd General	66325
Assembly, is hereby repealed.	66326

The intent of this repeal is to remove the limitation imposed	66327
by Section 4 of Am. Sub. H.B. 478 of the 119th General Assembly	66328
upon the continued existence of sections 3702.71, 3702.72,	66329
3702.73, 3702.74, 3702.75, 3702.76, 3702.77, 3702.78, 3702.79,	66330
3702.80, and 3702.81 of the Revised Code. This intent is not	66331
affected by the rule of construction in section 1.57 of the	66332
Revised Code.	66333

Section 174. That Section 18 of Am. Sub. H.B. 650 of the	66334
122nd General Assembly, as most recently amended by Sub. S.B. 245	66335
of the 123rd General Assembly, is hereby repealed, effective July	66336
1, 2001.	66337

Section 175. That Section 17 of Am. Sub. H.B. 282 of the	66338
123rd General Assembly, as most recently amended by Sub. S.B. 245	66339
of the 123rd General Assembly, is hereby repealed, effective July	66340
1, 2001.	66341

Section 176. That Section 180 of Am. Sub. H.B. 283 of the	66342
123rd General Assembly is hereby repealed.	66343

Section 177. That Section 9 of Sub. S.B. 245 of the 123rd	66344
General Assembly is hereby repealed.	66345

Section 178. That Section 15 of Am. Sub. S.B. 287 of the	66346
123rd General Assembly is hereby repealed.	66347

Section 179. * All items set forth in this section are	66348
hereby appropriated out of any moneys in the state treasury to the	66349
credit of the School Building Program Assistance Fund (Fund 032),	66350
created under section 3318.25 of the Revised Code, derived from	66351
the proceeds of obligations heretofore and herein authorized to	66352
pay the cost of facilities for a system of common schools	66353
throughout the state for the period beginning July 1, 2002, and	66354
ending June 30, 2004.	66355

SFC SCHOOL FACILITIES COMMISSION

66356

SCHOOL BUILDING PROGRAM ASSISTANCE

66360

The foregoing appropriation item CAP-770, School Building	66361
Program Assistance, shall be used by the School Facilities	66362
Commission to provide funding to school districts that receive	66363
conditional approval from the Commission pursuant to Chapter 3318.	66364
of the Revised Code.	66365

Expenditures from appropriations contained in this section	66366
may be accounted for as though made in the main capital	66367
appropriations act for the fiscal year 2003-2004 biennium enacted	66368
by the 124th General Assembly. The School Facilities Commission	66369
shall not commit any of the appropriations made in this section	66370
until after July 1, 2002.	66371

Section 180. The Ohio Public Facilities Commission is hereby	66372
authorized to issue and sell, in accordance with the provisions of	66373
Section 2n of Article VIII, Ohio Constitution, and Chapter 151.	66374
and particularly sections 151.01 and 151.03 of the Revised Code,	66375
original obligations in an aggregate principal amount not to	66376
exceed $300,000,000 to pay the costs associated with previously	66377
authorized capital facilities and the capital facilities	66378
authorized in the immediately preceding section of this act for	66379
the School Building Assistance Program for the School Facilities	66380
Commission to distribute in accordance with their rules and	66381
guidelines pursuant to Chapter 3318. of the Revised Code.	66382

Section 181. As used in this section, "House Sergeant at	66383
Arms" and "Assistant House Sergeant at Arms" have the same	66384
meanings as in section 145.01 of the Revised Code, as amended by	66385
this act.	66386

Not later than ninety days after the effective date of this	66387
section, the House Sergeant at Arms and each Assistant House	66388
Sergeant at Arms who is a member of the Public Employees	66389
Retirement System shall indicate to the system, on a form supplied	66390
by the retirement system, a choice of whether to receive benefits	66391
under division (A) of section 145.33 of the Revised Code or	66392
division (B) of that section.	66393

Section 182. The Office of Criminal Justice Services and the	66394
Department of Job and Family Services shall enter into an	66395
interagency agreement for the transfer to the Office of the	66396
Department's duties, records, assets, and liabilities related to	66397
the administration of funds received under the "Family Violence	66398
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	66399
10401, as amended.	66400

Section 183. WOMEN'S POLICY AND RESEARCH COMMISSION FUND	66401
TRANSFERS	66402

Notwithstanding any other provision of law to the contrary,	66403
the Director of Budget and Management shall transfer any remaining	66404
amounts of cash from the specified obsolete fund to the General	66405
Revenue Fund (Fund GRF) within thirty days after the effective	66406
date of this section: Women's Policy and Research Commission, Fund	66407
4V9, Women's Policy and Research Commission Fund.	66408

Section 184.  OHIO FAMILY AND CHILDREN FIRST CABINET COUNCIL.

66409

The Ohio Family and Children First Cabinet Council shall	66410
conduct an assessment of the need for and resources available for	66411
services and programs that serve children under six years of age.	66412
The assessment shall include identifying supports available to	66413
those services and programs and gaps in services across Ohio, as	66414
well as a review of existing state laws and administrative	66415
procedures related to those services and programs. Based on its	66416
assessment, the Cabinet Council shall develop, in consultation	66417
with early childhood, business, and community organizations, a	66418
strategic plan that does both of the following:	66419

(1) Identifies goals for developing an integrated system of	66420
early care and education for families with children under six	66421
years of age.	66422

(2) Recommends specific steps that must be taken to	66423
accomplish those goals, including establishing linkages between	66424
schools and early childhood programs to ensure successful	66425
transitions for children and their families. The recommendations	66426
included in the strategic plan shall maximize opportunities for	66427
existing programs and services to blend funding sources and work	66428
together.	66429

The Cabinet Council shall provide copies of the strategic	66430
plan to the Governor, Speaker and Minority Leader of the House of	66431
Representatives, and the President and Minority Leader of the	66432
Senate not later than June 30, 2002.	66433

Section 185. On the effective date of this section, the Mine	66434
Examining Board is abolished and all of its functions and assets,	66435
liabilities, equipment, and records, irrespective of form or	66436
medium, are transferred to the Chief of the Division of Mineral	66437
Resources Management in the Department of Natural Resources and	66438
the Reclamation Commission, as provided in Section 1 of this act.	66439
The Chief and the Reclamation Commission, as appropriate, are	66440
thereupon and thereafter successor to, assume the obligations of,	66441
and otherwise constitute the continuation of the Mine Examining	66442
Board.	66443

Any business commenced, but not completed by, the Mine	66444
Examining Board on the effective date of this section shall be	66445
completed by the Chief or the Reclamation Commission, as	66446
appropriate. No validation, cure, right, privilege, remedy,	66447
obligation, or liability is lost or impaired by reason of the	66448
transfer required by this section, but shall be administered by	66449
the Chief or the Reclamation Commission, as appropriate. All of	66450
the Mine Examining Board's rules, orders, and determinations	66451
continue in effect as rules, orders, and determinations of the	66452
Chief and the Reclamation Commission, as appropriate, until	66453
modified or rescinded by the Chief or the Reclamation Commission,	66454
as appropriate.	66455

Subject to the lay-off provisions of sections 124.321 to	66456
124.328 of the Revised Code, all the employees of the Mine	66457
Examining Board are transferred to the Division of Mineral	66458
Resources Management and the Reclamation Commission, as	66459
appropriate.	66460

Whenever the Mine Examining Board is referred to in any law,	66461
contract, or other document, the reference shall be deemed to	66462
refer to the Chief of the Division of Mineral Resources Management	66463
or the Reclamation Commission, as appropriate.	66464

No action or proceeding pending on the effective date of this	66465
section is affected by the transfer, and shall be prosecuted or	66466
defended in the name of the Chief or the Reclamation Commission,	66467
as appropriate. In all such actions and proceedings, the Chief or	66468
the Reclamation Commission, as appropriate, shall be substituted	66469
as a party upon application by the receiving entity to the court	66470
or other appropriate tribunal.	66471

Section 186.  EXTREME ENVIRONMENTAL CONTAMINATION OF SCHOOL	66472
FACILITIES	66473

Notwithstanding any other provisions of law to the contrary,	66474
the School Facilities Commission may provide assistance under the	66475
Exceptional Needs Pilot Program to any school district and not	66476
exclusively a school district in the lowest 50 per cent of	66477
adjusted valuation per pupil on the fiscal year 1999 ranking of	66478
school districts established pursuant to section 3317.02 of the	66479
Revised Code, for the purpose of the relocation or replacement of	66480
school facilities required as a result of extreme environmental	66481
contamination. If in the assessment of the school district's	66482
classroom facilities needs conducted under the Exceptional Needs	66483
Pilot Program pursuant to Section 26 of Am. Sub. H.B. 850 of the	66484
122nd General Assembly, the commission determines that all the	66485
school district's classroom facilities ultimately will require	66486
replacement under sections 3318.01 to 3318.20 of the Revised Code,	66487
then the commission may undertake a district-wide project under	66488
sections 3318.01 to 3318.20 of the Revised Code.	66489

The School Facilities Commission shall contract with an	66490
independent environmental consultant to conduct a study and to	66491
report to the commission as to the seriousness of the	66492
environmental contamination, whether the contamination violates	66493
applicable state and federal standards, and whether the facilities	66494
are no longer suitable for use as school facilities. The	66495
commission then shall make a determination regarding funding for	66496
the relocation or replacement of the school facilities. If the	66497
federal government or other public or private entity provides	66498
funds for restitution of costs incurred by the state or school	66499
district in the relocation or replacement of the school	66500
facilities, the school district shall use such funds in excess of	66501
the school district's share to refund the state for the state's	66502
contribution to the environmental contamination portion of the	66503
project. The school district may apply an amount of such	66504
restitution funds up to an amount equal to the school district's	66505
portion of the project, as defined by the commission, toward	66506
paying its portion of that project to reduce the amount of bonds	66507
the school district otherwise must issue to receive state	66508
assistance under sections 3318.01 to 3318.20 of the Revised Code.	66509

Section 187.  (A) The Ohio School Facilities Commission may	66510
commit up to thirty-five million dollars to the Canton City School	66511
District for construction of a facility described in this section,	66512
in lieu of a high school that would otherwise be authorized under	66513
Chapter 3318. of the Revised Code. The commission shall not	66514
commit funds under this section unless all of the following	66515
conditions are met:	66516

(1) The district has entered into a cooperative agreement	66517
with a state-assisted technical college.	66518

(2) The district has received an irrevocable commitment of	66519
additional funding from nonpublic sources.	66520

(3) The facility is intended to serve both secondary and	66521
postsecondary instructional purposes.	66522

(B) The commission shall enter into an agreement with the	66523
district for the construction of the facility authorized under	66524
this section that is separate from and in addition to the	66525
agreement required for the district's participation in the	66526
Classroom Facilities Assistance Program under section 3318.08 of	66527
the Revised Code. Notwithstanding that section and sections	66528
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	66529
agreement shall provide, but not be limited to, the following:	66530

(1) The commission shall not have any oversight	66531
responsibilities over the construction of the facility.	66532

(2) The facility need not comply with the specifications for	66533
plans and materials for high schools adopted by the commission.	66534

(3) The commission may decrease the basic project cost that	66535
would otherwise be calculated for a high school under Chapter	66536
3318. of the Revised Code.	66537

(4) The state shall not share in any increases in the basic	66538
project cost for the facility above the amount authorized under	66539
this section.	66540

All other provisions of Chapter 3318. of the Revised Code	66541
apply to the approval and construction of a facility authorized	66542
under this section.	66543

The state funds committed to the facility authorized by this	66544
section shall be part of the total amount the state commits to the	66545
Canton City School District under Chapter 3318. of the Revised	66546
Code. All additional state funds committed to the Canton City	66547
School District for classroom facilities assistance shall be	66548
subject to all provisions of Chapter 3318. of the Revised Code.	66549

Section 188. Not later than July 1, 2001, the Tax	66550
Commissioner shall certify to the Department of Education for each	66551
city, local, and exempted village school district the total	66552
federal adjusted gross income of the residents of the school	66553
district, based on tax returns filed by the residents of the	66554
district, for each of the three most recent years for which this	66555
information is available. The Department shall use the information	66556
certified under this section to compute each district's state	66557
parity aid funding under section 3317.0217 of the Revised Code in	66558
fiscal year 2002.	66559

Section 189. Not later than March 1, 2003, the Department of	66560
Job and Family Services shall certify to the State Board of	66561
Education, for the month of October in 1998, 1999, 2000, 2001, and	66562
2002, the unduplicated number of children ages five through	66563
seventeen residing in each school district and living in a family	66564
that had family income not exceeding the federal poverty	66565
guidelines, as defined in section 5101.46 of the Revised Code, and	66566
that participated in one of the following:	66567

(A) Ohio Works First;

66568

(B) The food stamp program;

66569

(C) The medical assistance program, including the Healthy	66570
Start program, established under Chapter 5111. of the Revised	66571
Code;	66572

(D) The Children's Health Insurance Program Part I	66573
established under section 5101.50 of the Revised Code or, prior to	66574
fiscal year 2000, an executive order issued under section 107.17	66575
of the Revised Code;	66576

(E) The disability assistance program established under	66577
Chapter 5115. of the Revised Code.	66578

The Department of Job and Family Services shall report this	66579
information according to the school district of residence for each	66580
child in the same manner as required by section 3317.10 of the	66581
Revised Code. It is the intent of the General Assembly that in	66582
making this report, the Department of Job and Family Services will	66583
utilize the same, or substantially similar, computer programming	66584
as it developed to assist the Legislative Office of Education	66585
Oversight in developing the report "A New Poverty Indicator to	66586
Distribute Disadvantaged Pupil Impact Aid (DPIA)."	66587

The Department of Education shall use the information	66588
reported under this section to calculate five-year averages in	66589
order to make payments to school districts under section 3317.029	66590
of the Revised Code in fiscal year 2004 and subsequent fiscal	66591
years.	66592

Section 190. The Department of Education shall consider the	66593
feasiability and desirability of relocating the department staff	66594
responsible for gifted education from the Center for Students,	66595
Families, and Communities to the Center for Curriculum and	66596
Assessment.	66597

Section 191. The Legislative Office of Education Oversight	66598
shall review and analyze the plans adopted by school districts for	66599
the identification of gifted students under section 3324.04 of the	66600
Revised Code. Not later than November 30, 2002, the Office shall	66601
issue a report that summarizes the methods school districts are	66602
using to identify gifted students and the numbers of gifted	66603
students being identified. The Office shall submit the report to	66604
the President of the Senate and the Speaker of the House of	66605
Representatives.	66606

Section 192. There is hereby created the Instructional	66607
Subsidy and Challenge Review Committee. The Committee shall	66608
contain eleven members: the Chancellor of the Ohio Board of	66609
Regents or the chancellor's designee; two representatives of	66610
two-year colleges and two representatives of the state	66611
universities identified in section 3345.011 of the Revised Code,	66612
all four of whom shall be appointed jointly by the President of	66613
the Senate and the Speaker of the House of Representatives; three	66614
members of the Senate appointed by the President of the Senate,	66615
two of whom shall be members of the majority party and one of whom	66616
shall be a member of the minority party; and three members of the	66617
House of Representatives appointed by the Speaker of the House,	66618
two of whom shall be members of the majority party and one of whom	66619
shall be a member of the minority party. The Committee shall	66620
perform a comprehensive review of the allocation formula for the	66621
State Share of Instruction appropriation item as well as all of	66622
the "Challenge" appropriation items contained in the Board of	66623
Regents' budget and shall issue a report containing its	66624
recommendations to the General Assembly not later than December	66625
31, 2001. Upon issuance of its report, the Committee shall cease	66626
to exist.	66627

Section 193. The Arts Facilities Building Fund and Sports	66628
Facilities Building Fund created by section 3383.09 of the Revised	66629
Code are the same as the Arts Facilities Building Fund and the	66630
Sports Facilities Building Fund from which appropriations are made	66631
in Am. Sub. H.B. 640 of the 123rd General Assembly.	66632

Section 194. An owner or operator of a facility that is	66633
regulated under Chapter 1509. of the Revised Code who submits the	66634
filing fees that the owner or operator is required to submit under	66635
section 3750.13 of the Revised Code, as amended by this act, by	66636
the first day of March of the year following the effective date of	66637
this section shall be deemed to have satisfied all filing,	66638
listing, and notification requirements and all late fees,	66639
penalties, and interest and to have satisfied all other monetary	66640
obligations that were imposed on that person under Chapter 3750.	66641
of the Revised Code prior to that date. As used in this section,	66642
"facility" has the same meaning as in section 3750.01 of the	66643
Revised Code.	66644

Section 195. Section 3704.034 of the Revised Code, as amended	66645
by this act, and sections 3745.10 and 3745.15 of the Revised Code,	66646
as enacted by this act, apply only to applications for permits,	66647
including modifications and renewals, and for plan approvals that	66648
are submitted to the Director of Environmental Protection on and	66649
after the effective date of this section.	66650

Section 196. (A) Notwithstanding section 4717.07 of the	66651
Revised Code as amended by this act, the Board of Embalmers and	66652
Funeral Directors shall charge and collect the following fees for	66653
the renewal of licenses that expire on December 31, 2001:	66654

(1) Sixty dollars for renewal of an embalmer's or funeral	66655
director's license;	66656

(2) One hundred twenty-five dollars for renewal of a license	66657
to operate a funeral home;	66658

(3) One hundred dollars for renewal of a license to operate	66659
an embalming facility;	66660

(4) One hundred dollars for renewal of a license to operate	66661
a crematory facility.	66662

(B) Notwithstanding section 4717.08 of the Revised Code as	66663
amended by this act, every license issued under Chapter 4717. of	66664
the Revised Code expires on December 31, 2001, and shall be	66665
renewed on or before that date according to the standard license	66666
renewal procedure set forth in Chapter 4745. of the Revised Code.	66667

Section 197. Unless five licensed embalmers and practicing	66668
funeral directors are serving on the Board of Embalmers and	66669
Funeral Directors on the effective date of this section, the first	66670
person appointed to fill a vacancy occurring on the Board on or	66671
after that date under section 4717.02 of the Revised Code, as	66672
amended by this act, shall be a licensed embalmer and practicing	66673
funeral director with at least ten consecutive years of experience	66674
in this state immediately preceding the date of the person's	66675
appointment.	66676

Section 198. Notwithstanding section 4775.08 of the Revised	66677
Code, as amended by this act, during calendar year 2001, the	66678
initial and annual renewal fee for a motor vehicle collision	66679
repair registration certificate and for a temporary motor vehicle	66680
collision repair registration certificate is one hundred dollars	66681
for each business location at which the motor vehicle collision	66682
repair operator conducts business as an operator. However, the	66683
Board of Motor Vehicle Collision Repair Registration may adjust	66684
the fee in the same manner as provided in division (A) of section	66685
4775.08 of the Revised Code, as amended by this act.	66686

Section 199. (A) In prescribing distinguishing	66687
characteristics for a driver's license issued to a person who is	66688
under twenty-one years of age, the Registrar of Motor Vehicles	66689
shall consider both of the following:	66690

(1) Formatting the license vertically;

66691

(2) Conspicuously indicating the month, day, and years on	66692
which the licensee becomes eighteen and twenty-one years of age.	66693

(B) In accordance with section 4507.13 of the Revised Code,	66694
the Registrar may prescribe either or both of the distinguishing	66695
driver's license characteristics considered under this section.	66696

Section 200. The Legislative Service Commission shall study	66697
the fiscal impact on state revenues of extending the Ohio coal tax	66698
credit for two years under section 5733.39 of the Revised Code.	66699
Not later than July 1, 2002, the Commission shall report its	66700
findings to the Speaker and Minority Leader of the House of	66701
Representatives and the President and Minority Leader of the	66702
Senate.	66703

Section 201. (A) As used in this section:

66704

(1) "Amnesty" means forgiving a taxpayer's liability for	66705
penalties and one-half of the interest that accrue on account of	66706
the late payment, nonpayment, underreporting, or unreporting of	66707
qualifying delinquent taxes.	66708

(2) "Qualifying delinquent taxes" means taxes imposed under	66709
division (B) of section 5709.01, section 5727.24, 5727.30,	66710
5733.06, 5733.41, 5739.02 (except division (C) of section	66711
5739.02), 5739.021, 5739.023, 5739.026, 5741.02, 5741.021,	66712
5741.022, 5741.023, 5747.02, or 5747.41, or sections 5747.06 and	66713
5747.07 of the Revised Code, that, on May 1, 2001, were due and	66714
payable from a taxpayer or employer, that were unreported or	66715
underreported, and that remain unpaid. "Qualifying delinquent	66716
taxes" does not include taxes for which a notice of assessment or	66717
audit has been issued, a bill has been issued, or an audit is	66718
currently being or has been conducted.	66719

(3) "Taxpayer" means any individual or other person, as	66720
defined in section 5701.01 or 5711.01 of the Revised Code, that is	66721
subject to taxes imposed under division (B) of section 5709.01,	66722
section 5727.24, 5727.30, 5733.06, 5733.41, 5739.02, 5739.021,	66723
5739.023, 5739.026, 5741.02, 5741.021, 5741.022, 5741.023,	66724
5747.02, or 5747.41 of the Revised Code, including any vendor	66725
subject to sections 5739.03 and 5739.12 of the Revised Code, any	66726
seller subject to section 5741.04 or 5741.12 of the Revised Code,	66727
any employer subject to section 5747.06 or 5747.07 of the Revised	66728
Code, and any qualifying entity as defined in section 5733.40 of	66729
the Revised Code.	66730

(B)(1) Beginning on October 15, 2001, and ending on January	66731
15, 2002, if a taxpayer that owes qualifying delinquent taxes pays	66732
the full amount of qualifying delinquent taxes and one-half of any	66733
interest to the Treasurer of State, in the form and manner	66734
prescribed by the Tax Commissioner, the Tax Commissioner shall	66735
grant amnesty for any penalties and one-half of the interest that	66736
otherwise are imposed as a result of delinquency in the payment of	66737
those taxes.	66738

(2) Beginning October 15, 2001, and ending January 15, 2002,	66739
if a taxpayer that owes qualifying delinquent taxes imposed	66740
pursuant to division (B) of section 5709.01 of the Revised Code	66741
files a return with the Tax Commissioner, in the form and manner	66742
prescribed by the Tax Commissioner, listing all property not	66743
previously listed for taxation, the Tax Commissioner shall issue a	66744
preliminary assessment certificate to the proper county auditor	66745
and grant amnesty for any penalties that otherwise may be imposed	66746
on the qualifying delinquent taxes. Upon receiving such a	66747
preliminary assessment certificate, the county auditor shall	66748
compute the amount of taxes due plus one-half of the interest	66749
prescribed by sections 5711.32 and 5719.041 of the Revised Code.	66750
The county treasurer shall collect from the taxpayer the tax and	66751
interest so computed as otherwise prescribed by section 5711.33 of	66752
the Revised Code. No payment otherwise prescribed by division (G)	66753
of section 321.24 of the Revised Code shall be made on account of	66754
such a taxpayer. Notwithstanding any section of the Revised Code	66755
to the contrary, the Tax Commissioner shall not furnish to any	66756
county auditor information pertaining to the exemption from	66757
taxation provided under division (C)(3) of section 5709.01 of the	66758
Revised Code insofar as that information relates to a such a	66759
taxpayer.	66760

(3) The Tax Commissioner shall prescribe forms on which	66761
taxpayers may apply for amnesty. The Tax Commissioner may require	66762
taxpayers applying for amnesty to file returns or reports,	66763
including amended returns and reports, that otherwise would be	66764
required.	66765

(C) If a taxpayer pays qualifying delinquent taxes as	66766
prescribed in division (B) of this section, no criminal	66767
prosecution or civil action shall be brought thereafter against	66768
the taxpayer and no assessment shall be issued thereafter against	66769
the taxpayer on account of the qualifying delinquent taxes paid.	66770

(D) Qualifying delinquent taxes and interest collected	66771
under this section shall be credited to the General Revenue Fund,	66772
except for qualifying delinquent taxes imposed pursuant to	66773
division (B) of section 5709.01 of the Revised Code, which the	66774
county auditor shall credit to the proper taxing district, and	66775
except for those imposed pursuant to sections 5739.021, 5739.023,	66776
and 5739.026 of the Revised Code, which shall be distributed as	66777
required under division (B) of section 5739.21 of the Revised	66778
Code, and those imposed pursuant to sections 5741.021, 5741.022,	66779
and 5741.023, of the Revised Code which shall be distributed as	66780
required under division (B) of section 5741.03 of the Revised	66781
Code.	66782

(E) This section is hereby repealed, effective January 16,	66783
2002.	66784

Section 202. APPROPRIATION REDUCTIONS

66785

(A) The General Revenue Fund appropriations included in this	66786
act are hereby reduced by one and one-half per cent for each	66787
fiscal year of the 2002-2003 biennium, with the following	66788
exceptions:	66789

(1) Appropriations made for the following purposes are	66790
exempt from the reductions made in this section: property tax	66791
reduction appropriations; debt service, including lease rental	66792
contracts; and pension payments made by the Treasurer of State.	66793

(2) Appropriations made to the following agencies are exempt	66794
from the reductions made in this section: the Department of	66795
Education, the School Facilities Commission, the SchoolNet	66796
Commission, the Ohio School for the Blind, the Ohio School for the	66797
Deaf, the Board of Regents, the Department of Mental Health, the	66798
Department of Mental Retardation and Developmental Disabilities,	66799
the Rehabilitation Services Commission, the Ohio Veterans' Home,	66800
all veterans' organizations, the Department of Rehabilitation and	66801
Correction, and the Public Works Commission.	66802

(3) Appropriations made to the following appropriation items	66803
are exempt from the reductions made in this section: 350-401,	66804
Ohioana Rental Payments; 600-410, TANF State; 600-416, Computer	66805
Projects; 600-413, Day Care Match/Maintenance of Effort; 600-420,	66806
Child Support Administration; 600-426, Children's Health Insurance	66807
Program; 600-502, Child Support Match; 600-511, Disability	66808
Assistance/Other Assistance; 600-525, Health Care/Medicaid;	66809
600-528, Adoption Services; 490-403, PASSPORT; 745-404, Air	66810
National Guard; 745-499, Army National Guard; 055-321, Operating	66811
Expenses; 042-409, Commission Closures; 775-453, Waterfront Line	66812
Lease Payments-State; 777-473, Rickenbacker Lease Payments-State;	66813
700-402, Amusement Ride Safety; 700-499, Meat Inspection	66814
Program-State Share; 911-411, Development Contingency Fund;	66815
035-409, National Associations; 042-410, National Association	66816
Dues; and 040-403, National Governors Conference.	66817

(B) For all agencies that receive a reduction in	66818
appropriations, the agency director may, after receiving approval	66819
from the Office of Budget and Management and from the Controlling	66820
Board, allocate the reduction among the agency's appropriation	66821
items, except that the director may not reduce appropriation items	66822
specifically exempted in division (A)(1) or (3) of this section.	66823
When an agency director reduces appropriations in an appropriation	66824
item containing an earmark, the earmark may be reduced by any	66825
percentage up to the percentage by which the appropriation item	66826
itself is reduced.	66827

Section 203.  MOTOR FUEL TAX TASK FORCE

66828

(A) There is hereby created the Motor Fuel Tax Task Force.	66829
The Task Force shall study the adequacy and distribution of the	66830
motor fuel tax. The Task Force shall issue a report of its	66831
findings to the General Assembly and the Governor on December 2,	66832
2002. Upon issuing its report, the Task Force shall cease to	66833
exist.	66834

(B) The Task Force shall consist of the following members:

66835

(1) Three members of the House of Representatives appointed	66836
by the Speaker of the House of Representatives, not more than two	66837
of whom shall be from the same political party as the Speaker;	66838

(2) Three members of the Senate appointed by the President	66839
of the Senate, not more than two of whom shall be from the same	66840
political party as the President;	66841

(3) The Director of Public Safety or the Director's	66842
designee;	66843

(4) The Director of Transportation or the Director's	66844
designee;	66845

(5) The Tax Commissioner or the Commissioner's designee;

66846

(6) The Director of Budget and Management or the Director's	66847
designee;	66848

(7) One person appointed by the Speaker of the House of	66849
Representatives to represent the general public;	66850

(8) One person appointed by the President of the Senate to	66851
represent the general public;	66852

(9) Eight members appointed jointly by the Speaker of the	66853
House of Representatives and the President of the Senate, one from	66854
each of eight lists of three individuals recommended by the County	66855
Commissioners Association of Ohio, the Ohio Municipal League, the	66856
Ohio Township Association, the County Engineers Association of	66857
Ohio, the Ohio Public Expenditure Council, the State Highway	66858
Patrol troopers' collective bargaining unit, the Ohio Contractors	66859
Association, and the Ohio Petroleum Council, respectively.	66860

A vacancy on the Task Force shall be filled in the manner	66861
provided for the original appointment.	66862

(C) The Speaker of the House of Representatives and the	66863
President of the Senate each shall appoint a co-chairperson of the	66864
Task Force from among the appointees who are members of their	66865
respective chambers. The co-chairpersons shall call the first	66866
meeting of the Task Force within thirty days after the last member	66867
is appointed.	66868

(D) The Legislative Service Commission shall provide staff	66869
services for the Task Force.	66870

Section 204. Except as otherwise specifically provided in	66871
this act, the codified sections of law amended or enacted in this	66872
act, and the items of law of which the codified sections of law	66873
amended or enacted in this act are composed, are subject to the	66874
referendum. Therefore, under Ohio Constitution, Article II,	66875
Section 1c and section 1.471 of the Revised Code, the codified	66876
sections of law amended or enacted by this act, and the items of	66877
law of which the codified sections of law as amended or enacted by	66878
this act are composed, take effect on the ninety-first day after	66879
this act is filed with the Secretary of State. If, however, a	66880
referendum petition is filed against any such codified section of	66881
law as amended or enacted by this act, or against any item of law	66882
of which any such codified section of law as amended or enacted by	66883
this act is composed, the codified section of law as amended or	66884
enacted, or item of law, unless rejected at the referendum, takes	66885
effect at the earliest time permitted by law.	66886

Section 205. Except as otherwise specifically provided in	66887
this act, the repeal by this act of a codified section of law is	66888
subject to the referendum. Therefore, under Ohio Constitution,	66889
Article II, Section 1c and section 1.471 of the Revised Code, the	66890
repeal by this act of a codified section of law takes effect on	66891
the ninety-first day after this act is filed with the Secretary of	66892
State. If, however, a referendum petition is filed against any	66893
such repeal, the repeal, unless rejected at the referendum, takes	66894
effect at the earliest time permitted by law.	66895

Section 206. Sections 105.41, 107.10, 111.16, 111.18, 111.23,	66896
111.25, 121.40, 122.011, 133.06, 147.01, 147.02, 147.03, 147.05,	66897
147.06, 147.13, 147.14, 147.37, 147.371, 166.03, 181.52, 901.43,	66898
901.63, 901.81, 901.82, 917.07, 917.99, 1309.40, 1309.401,	66899
1309.402, 1309.42, 1329.01, 1329.04, 1329.06, 1329.07, 1329.42,	66900
1329.421, 1329.45, 1329.56, 1329.58, 1329.60, 1329.601, 1501.40,	66901
1502.12, 1701.05, 1701.07, 1701.81, 1702.05, 1702.06, 1702.43,	66902
1702.59, 1703.04, 1703.041, 1703.15, 1703.17, 1703.27, 1705.05,	66903
1705.06, 1705.38, 1705.55, 1746.04, 1746.06, 1746.15, 1747.03,	66904
1747.04, 1747.10, 1775.63, 1775.64, 1782.04, 1782.08, 1782.09,	66905
1782.433, 1785.06, 3301.70, 3302.041, 3313.603, 3314.09,	66906
3314.091, 3318.042, 3318.52, 3333.043, 3333.21, 3333.22, 3702.68,	66907
3721.51, 3721.56, 3734.28, 3734.57, 3745.014, 3745.11, 3745.22,	66908
3769.08, 3769.20, 3773.56, 3923.28, 3923.30, 4115.10, 4301.43,	66909
4503.034, 4503.10, 4503.102, 4503.12, 4503.182, 4505.061, 4506.08,	66910
4507.24, 4507.50, 4507.52, 4511.81, 4519.03, 4519.10, 4519.56,	66911
4519.69, 4734.20, 4761.05, 4771.22, 4779.01, 4779.02, 4779.16,	66912
4779.19, 4779.20, 4779.26, 4905.87, 5101.071 (5101.251), 5101.521,	66913
5101.821, 5101.85, 5101.853 (5101.851), 5101.852, 5101.854	66914
(5101.853), 5103.07, 5111.041, 5111.042, 5111.081, 5111.171,	66915
5111.22, 5111.231, 5111.25, 5111.251, 5111.262, 5111.28, 5111.29,	66916
5111.34, 5111.87 (5111.871), 5111.872, 5111.873, 5123.01,	66917
5123.041, 5123.043, 5123.044, 5123.045, 5123.046, 5123.047,	66918
5123.048, 5123.049, 5123.0410, 5123.0411, 5123.0412, 5123.0413,	66919
5123.082, 5123.71, 5123.76, 5126.01, 5126.035, 5126.036, 5126.041,	66920
5126.042, 5126.046, 5126.05, 5126.051, 5126.053, 5126.054,	66921
5126.055, 5126.056, 5126.06, 5126.071, 5126.08, 5126.11, 5126.12,	66922
5126.15, 5126.16, 5126.18, 5126.19, 5126.20, 5126.22, 5126.221,	66923
5126.25, 5126.31, 5126.311, 5126.313, 5126.32, 5126.357, 5126.431,	66924
5139.11, 5703.49, 5705.091, 5705.19, 5705.41, 5705.44, 5725.31,	66925
5727.81, 5727.811, 5727.82, 5727.84, 5727.85, 5729.07, 5733.122,	66926
5733.351, 5733.42, 5747.39, and 6109.21 of the Revised Code as	66927
amended or enacted by this act, and the items of law of which such	66928
sections as amended or enacted by this act are composed, are not	66929
subject to the referendum. Therefore, under Ohio Constitution,	66930
Article II, Section 1d and section 1.471 of the Revised Code, such	66931
sections as amended or enacted by this act, and the items of law	66932
of which such sections as amended or enacted by this act are	66933
composed, go into immediate effect when this act becomes law.	66934

Section 207. Sections 3314.08, 3317.012, 3317.013, 3317.014,	66935
3317.02, 3317.021, 3317.022, 3317.024, 3317.029, 3317.0210,	66936
3317.0212, 3317.0213, 3317.0216, 3317.0217, 3317.03, 3317.05,	66937
3317.051, 3317.06, 3317.064, 3317.161 (3317.052), 3317.162	66938
(3317.053), 3317.11, 3317.13, 3317.16, 3317.19, 3317.20, 3323.09,	66939
and 3323.091 of the Revised Code, as amended or enacted by this	66940
act, and the items of law of which such sections as amended or	66941
enacted by this act are composed, are not subject to the	66942
referendum. Therefore, under Ohio Constitution, Article II,	66943
Section 1d and section 1.471 of the Revised Code, the sections as	66944
amended or enacted by this act, and the items of law of which such	66945
sections as amended or enacted by this act are composed, are	66946
entitled to go into immediate effect when this act becomes law.	66947
However, the sections as amended or enacted by this act, and the	66948
items of law of which such sections as amended or enacted by this	66949
act are composed, take effect on July 1, 2001, or the day this act	66950
becomes law, whichever is later.	66951

Section 208. * The amendments to section 3313.41 of the	66952
Revised Code enacted by this act shall be effective sixty days	66953
after the effective date of this section.	66954

Section 209. (A) The amendment by this act removing language	66955
from division (B)(1)(e) of section 125.22 of the Revised Code	66956
constitutes an item of law that is subject to the referendum.	66957
Therefore, under Ohio Constitution, Article II, Section 1c and	66958
section 1.471 of the Revised Code, the item takes effect on the	66959
ninety-first day after this act is filed with the Secretary of	66960
State. If, however, a referendum petition is filed against the	66961
item, the item, unless rejected at the referendum, takes effect at	66962
the earliest time permitted by law.	66963

(B) The amendment by this act inserting division (A)(20)	66964
into section 125.22 of the Revised Code constitutes an item of law	66965
that is not subject to the referendum. Therefore, under Ohio	66966
Constitution, Article II, Section 1d and section 1.471 of the	66967
Revised Code, the item goes into immediate effect when this act	66968
becomes law.	66969

Section 210. (A) The amendment by this act removing language	66970
from division (B)(2) of section 3318.04 of the Revised Code	66971
constitutes an item of law that is subject to the referendum.	66972
Therefore, under Ohio Constitution, Article II, Section 1c and	66973
section 1.471 of the Revised Code, the item takes effect on the	66974
ninety-first day after this act is filed with the Secretary of	66975
State. If, however, a referendum petition is filed against the	66976
item, the item, unless rejected at the referendum, takes effect at	66977
the earliest time permitted by law.	66978

(B) The amendment by this act inserting division (B)(3) into	66979
section 3318.04 of the Revised Code constitutes an item of law	66980
that is not subject to the referendum. Therefore, under Ohio	66981
Constitution, Article II, Section 1d and section 1.471 of the	66982
Revised Code, the item goes into immediate effect when this act	66983
becomes law.	66984

Section 211. (A) The amendment by this act removing language	66985
from divisions (G)(2) and (4) and (H)(1) and (2), and inserting	66986
language into what are now divisions (G)(3) and (H), of section	66987
3734.82 of the Revised Code constitutes an item of law that is	66988
subject to the referendum. Therefore, under Ohio Constitution,	66989
Article II, Section 1c and section 1.471 of the Revised Code, the	66990
item takes effect on the ninety-first day after this act is filed	66991
with the Secretary of State. If, however, a referendum petition	66992
is filed against the item, the item, unless rejected at the	66993
referendum, takes effect at the earliest time permitted by law.	66994

(B) The amendment by this act to former division (G)(3) (now	66995
division (G)(2)) of section 3734.82 of the Revised Code	66996
constitutes an item of law that is not subject to the referendum.	66997
Therefore, under Ohio Constitution, Article II, Section 1d and	66998
section 1.471 of the Revised Code, the item goes into immediate	66999
effect when this act becomes law.	67000

Section 212. (A) The amendment by this act inserting	67001
language into division (G) of section 5119.01 of the Revised Code	67002
constitutes an item of law that is subject to the referendum.	67003
Therefore, under Ohio Constitution, Article II, Section 1c and	67004
section 1.471 of the Revised Code, the item takes effect on the	67005
ninety-first day after this act is filed with the Secretary of	67006
State. If, however, a referendum petition is filed against the	67007
item, the item, unless rejected at the referendum, takes effect at	67008
the earliest time permitted by law.	67009

(B) The amendment by this act removing language from	67010
division (I) of section 5119.01 of the Revised Code constitutes an	67011
item of law that is not subject to the referendum. Therefore,	67012
under Ohio Constitution, Article II, Section 1d and section 1.471	67013
of the Revised Code, the item goes into immediate effect when this	67014
act becomes law.	67015

Section 213. Sections 1517.05, 1517.06, and 1517.07 of the	67016
Revised Code, as amended both now and in the future by this act,	67017
are not subject to the referendum. Therefore, under Ohio	67018
Constitution, Article II, Section 1c and section 1.471 of the	67019
Revised Code, sections 1517.05, 1517.06, and 1517.07 of the	67020
Revised Code as amended now by Section 1 of this act, go into	67021
immediate effect when this act becomes law, and sections 1517.05,	67022
1517.06, and 1517.07 of the Revised Code, as amended in the future	67023
by this act, go into effect on the future date specified in this	67024
act.	67025

Section 214. The repeal by this act of section 3317.0215 of	67026
the Revised Code is not subject to the referendum. Therefore,	67027
under Ohio Constitution, Article II, Section 1d and section 1.471	67028
of the Revised Code, the repeal goes into immediate effect when	67029
this act becomes law.	67030

Section 215. The repeals of sections 166.032, 1329.68,	67031
5101.143, 5101.52, 5101.851, 5101.852, 5111.341, 5111.88, and	67032
5126.054 of the Revised Code constitute items of law that are not	67033
subject to the referendum. Therefore, under Ohio Constitution,	67034
Article II, Section 1d and section 1.471 of the Revised Code, the	67035
repeals go into immediate effect when this act becomes law.	67036

Section 216. Section 5104.32 of the Revised Code, as amended	67037
by this act, shall take effect January 1, 2002.	67038

Section 217. * Section 5104.341 of the Revised Code, as	67039
amended by this act, shall take effect January 1, 2002.	67040

Section 218. Sections 5739.032, 5739.07, 5739.102, 5739.12,	67041
5739.121, 5739.13, 5741.10, and 5741.12 of the Revised Code, as	67042
amended by this act, shall take effect January 1, 2002. Sections	67043
5733.02, 5733.021, 5733.12, and 5733.18 of the Revised Code, as	67044
amended by this act, shall take effect July 1, 2002. Sections	67045
3734.904, 4301.422, 4303.33, 4303.331, 5727.25, 5727.26, 5728.08,	67046
5735.06, 5735.061, 5743.62, 5743.63, 5745.03, 5745.04, and 5749.06	67047
of the Revised Code, as amended by this act, shall take effect	67048
January 1, 2003.	67049

Section 219. The amendment by this act of sections 126.21,	67050
131.01, 183.09, and 183.17 of the Revised Code applies to fiscal	67051
years beginning with fiscal year 2003.	67052

Section 220. The enactment of section 1309.525 of the Revised	67053
Code by this act is contingent upon and takes effect only if S.B.	67054
74 of the 124th General Assembly becomes law and section 1309.40	67055
of the Revised Code is repealed by that latter act.	67056

Section 221. Section 3317.10 of the Revised Code, as amended	67057
by this act, shall take effect January 1, 2003.	67058

Section 222. (A) Sections 1345.21, 4707.01, 4707.011,	67059
4707.02, 4707.03, 4707.04, 4707.05, 4707.06, 4707.07, 4707.071,	67060
4707.072, 4707.08, 4707.09, 4707.10, 4707.11, 4707.111, 4707.12,	67061
4707.13, 4707.15, 4707.152, 4707.16, 4707.19, 4707.20, 4707.21,	67062
4707.23, and 4707.99 of the Revised Code, as amended by this act,	67063
shall take effect on October 1, 2001, or the earliest date	67064
thereafter permitted by law.	67065

(B)(1) On the effective date under division (A) of this	67066
section of the sections as amended, the licensing functions of the	67067
Department of Commerce under Chapter 4707. of the Revised Code are	67068
transferred to the Department of Agriculture. The Department of	67069
Agriculture thereupon and thereafter assumes these functions.	67070

Any business commenced but not completed by the Department of	67071
Commerce on that effective date shall be completed by the Director	67072
or Department of Agriculture in the same manner, and with the same	67073
effect, as if completed by the Director or Department of Commerce.	67074
No validation, cure, right, privilege, remedy, obligation, or	67075
liability is lost or impaired by reason of the transfer of	67076
functions required by this section and shall be administered by	67077
the Director or Department of Agriculture. All of the Department	67078
of Commerce's rules, orders, and determinations continue in effect	67079
as rules, orders, and determinations of the Department of	67080
Agriculture until modified or rescinded by the Department of	67081
Agriculture. If necessary to ensure the integrity of the	67082
numbering of the Administrative Code, the Director of the	67083
Legislative Service Commission shall renumber the Department of	67084
Commerce's relevant rules as appropriate to reflect their transfer	67085
to the Department of Agriculture.	67086

No employees of the Department of Commerce are transferred to	67087
the Department of Agriculture. The Director of Agriculture may	67088
create up to three additional full-time positions for the	67089
administration of the licensing functions of Chapter 4707. of the	67090
Revised Code assumed by the Director and Department payable out of	67091
the unexpended balances transferred to the Department of	67092
Agriculture.	67093

(2) Whenever the Director or Department of Commerce is	67094
referred to in any law, contract, or other document relating to	67095
the transferred functions, the reference shall be deemed to refer	67096
to the Director or Department of Agriculture, whichever is	67097
appropriate.	67098

No action or proceeding pending on the effective date of this	67099
section is affected by the transfer, and shall be prosecuted or	67100
defended in the name of the Director or Department of Agriculture.	67101
In all such actions, the Director or Department of Agriculture	67102
upon application to the court shall be substituted as a party.	67103

Section 223. (A) There is hereby transferred to the	67104
Governor's Advisory Council on Physical Fitness, Wellness, and	67105
Sports, all books, records, documents, files, transcripts, and	67106
other materials that are in the possession of the Physical Fitness	67107
and Sports Advisory Board, as they existed immediately prior to	67108
the effective date of sections 3701.77, 3701.771, and 3701.772 of	67109
the Revised Code, as amended by this act.	67110

(B) All moneys appropriated or reappropriated to the Board	67111
for the performance of the duties, powers, obligations, and	67112
functions, and the exercise of the rights, that are transferred by	67113
this act to the Council, to the extent of the remaining unexpended	67114
or unencumbered balance of the appropriations or reappropriations,	67115
whether obligated or unobligated, are hereby transferred to the	67116
Council for performing the duties, powers, obligations, and	67117
functions, and exercising the rights of the Council. Payments for	67118
liabilities for expenses incurred before or after the effective	67119
date of sections 3701.77, 3701.771, and 3701.772 of the Revised	67120
Code, as amended by this act, shall be made on separate vouchers	67121
or certificates approved by the Council.	67122

(C) All rules, acts, determinations, approvals, and	67123
decisions of the Board pertaining to the duties, powers,	67124
obligations, and functions that are transferred and assigned by	67125
this act to the Council and that are in effect at the time of the	67126
transfer shall continue in force as rules, acts, determinations,	67127
approvals, and decisions of the Board until they are duly	67128
modified, superseded, or repealed by the Council, as appropriate.	67129
Whenever the duties, powers, obligations, and functions of the	67130
Board that are transferred by this act to the Council are referred	67131
to or designated in any law, contract, or other document	67132
pertaining to those duties, powers, obligations, or functions,	67133
including the reference to the Board within section 27 of Sub.	67134
H.B. 670 of the 121st General Assembly as subsequently amended,	67135
the reference or designation shall be considered, as appropriate,	67136
to be a reference or designation to the Council and to the duties,	67137
powers, obligations, and functions as transferred to it.	67138

No existing right or remedy of any character shall be lost,	67139
impaired, or affected by reason of the transfer, except as insofar	67140
as that remedy or right shall be administered, as appropriate, by	67141
the Council instead of the Board.	67142

Section 224. Except as otherwise specifically provided in	67143
this act, the uncodified sections of law amended or enacted in	67144
this act, and the items of law of which the uncodified sections of	67145
law amended or enacted in this act are composed, are not subject	67146
to the referendum. Therefore, under Ohio Constitution, Article	67147
II, Section 1d and section 1.471 of the Revised Code, the	67148
uncodified sections of law amended or enacted in this act, and the	67149
items of law of which the uncodified sections of law amended or	67150
enacted in this act are composed, go into immediate effect when	67151
this act becomes law.	67152

Section 225. Uncodified sections of law amended or enacted in	67153
this act, and items of law contained within the uncodified	67154
sections of law amended or enacted in this act, that are marked	67155
with an asterisk are subject to the referendum. Therefore, under	67156
Ohio Constitution, Article II, Section 1c and section 1.471 of the	67157
Revised Code, the uncodified sections and items of law marked with	67158
an asterisk take effect on the ninety-first day after this act is	67159
filed with the Secretary of State. If, however, a referendum	67160
petition is filed against an uncodified section or item of law	67161
marked with an asterisk, the uncodified section or item of law	67162
marked with an asterisk, unless rejected at the referendum, takes	67163
effect at the earliest time permitted by law.	67164

If the amending and existing repeal clauses commanding the	67165
amendment of an uncodified section of law are both marked with	67166
asterisks, the uncodified section as amended is deemed also to	67167
have been marked with an asterisk.	67168

An asterisk marking an uncodified section or item of law has	67169
the form *.	67170

This section defines the meaning and form of, but is not	67171
itself to be considered marked with, an asterisk.	67172

Section 226. The amendment to Section 10 of Am. Sub. S.B. 287	67173
of the 123rd General Assembly constitutes an item of law that is	67174
subject to the referendum. Therefore, under Ohio Constitution,	67175
Article II, Section 1c and section 1.471 of the Revised Code, the	67176
item takes effect on the ninety-first day after this act is filed	67177
with the Secretary of State. If, however, a referendum petition	67178
is filed against the item, the item, unless rejected at the	67179
referendum, takes effect at the earliest time permitted by law.	67180

Section 227. The amendments by this act to Section 5 of Am.	67181
Sub. S.B. 50 of the 121st General Assembly, to Section 153 of Am.	67182
Sub. H.B. 117 of the 121st General Assembly, to Section 3 of Am.	67183
Sub. H.B. 440 of the 121st General Assembly, to Section 3 of Am.	67184
Sub. H.B. 621 of the 122nd General Assembly, to Section 3 of Am.	67185
Sub. H.B. 215 of the 123rd General Assembly, to Section 4 of Am.	67186
S.B. 210 of the 123rd General Assembly, and to Section 129 of Am.	67187
Sub. H.B. 283 of the 123rd General Assembly constitute items of	67188
law that are not subject to the referendum. Therefore, under Ohio	67189
Constitution, Article II, Section 1d and section 1.471 of the	67190
Revised Code, the items go into immediate effect when this act	67191
becomes law.	67192

Section 228. The repeals by this act of Section 18 of Am.	67193
Sub. H.B. 650 of the 122nd General Assembly and of Section 17 of	67194
Am. Sub. H.B. 282 of the 123rd General Assembly are not subject to	67195
the referendum. Therefore, under Ohio Constitution, Article II,	67196
Section 1d and section 1.471 of the Revised Code, the repeals go	67197
into immediate effect when this act becomes law.	67198

Section 229. If the amendment or enactment in this act of a	67199
codified or uncodified section of law is subject to the	67200
referendum, the corresponding indications in the amending,	67201
enacting, or existing repeal clauses commanding the amendment or	67202
enactment also are subject to the referendum, along with the	67203
amendment or enactment. If the amendment or enactment by this act	67204
of a codified or uncodified section of law is not subject to the	67205
referendum, the corresponding indications in the amending,	67206
enacting, or existing repeal clauses commanding the amendment or	67207
enactment also are not subject to the referendum, the same as the	67208
amendment or enactment.	67209

Section 230. An item, other than an amending, enacting, or	67210
repealing clause, that composes the whole or part of an uncodified	67211
section contained in this act has no effect after June 30, 2003,	67212
unless its context clearly indicates otherwise.	67213

Section 231. The amendment of sections 4779.01, 4779.02,	67214
4779.16, 4779.19, 4779.20, and 4779.26 of the Revised Code is not	67215
intended to supersede the earlier repeal, with delayed effective	67216
date, of those sections.	67217

Section 232. * Section 102.06 of the Revised Code is	67218
presented in this act as a composite of the section as amended by	67219
both Am. Sub. H.B. 285 and Am. Sub. H.B. 492 of the 120th General	67220
Assembly. The General Assembly, applying the principle stated in	67221
division (B) of section 1.52 of the Revised Code that amendments	67222
are to be harmonized if reasonably capable of simultaneous	67223
operation, finds that the composite is the resulting version of	67224
the section in effect prior to the effective date of the section	67225
as presented in this act.	67226

Section 233. * Section 124.24 of the Revised Code is	67227
presented in this act as a composite of the section as amended by	67228
both Sub. H.B. 601 and Am. Sub. H.B. 628 of the 123rd General	67229
Assembly. The General Assembly, applying the principle stated in	67230
division (B) of section 1.52 of the Revised Code that amendments	67231
are to be harmonized if reasonably capable of simultaneous	67232
operation, finds that the composite is the resulting version of	67233
the section in effect prior to the effective date of the section	67234
as presented in this act.	67235

Section 234.  Section 145.01 of the Revised Code is presented	67236
in this act as a composite of the section as amended by Am. Sub.	67237
H.B. 628, Am. Sub. H.B. 640, and Am. Sub. S.B. 144, all of the	67238
123rd General Assembly. The General Assembly, applying the	67239
principle stated in division (B) of section 1.52 of the Revised	67240
Code that amendments are to be harmonized if reasonably capable of	67241
simultaneous operation, finds that the composite is the resulting	67242
version of the section in effect prior to the effective date of	67243
the section as presented in this act.	67244

Section 235. Section 901.63 of the Revised Code is presented	67245
in this act as a composite of the section as amended by both Sub.	67246
H.B. 19 and Am. Sub. H.B. 283 of the 123rd General Assembly. The	67247
General Assembly, applying the principle stated in division (B) of	67248
section 1.52 of the Revised Code that amendments are to be	67249
harmonized if reasonably capable of simultaneous operation, finds	67250
that the composite is the resulting version of the section in	67251
effect prior to the effective date of the section as presented in	67252
this act.	67253

Section 236. * Section 2317.02 of the Revised Code is	67254
presented in this act as a composite of the section as amended by	67255
both Sub. H.B. 506 and Am. Sub. S.B. 180 of the 123rd General	67256
Assembly. The General Assembly, applying the principle stated in	67257
division (B) of section 1.52 of the Revised Code that amendments	67258
are to be harmonized if reasonably capable of simultaneous	67259
operation, finds that the composite is the resulting version of	67260
the section in effect prior to the effective date of the section	67261
as presented in this act.	67262

Section 237. * Section 2953.21 of the Revised Code is	67263
presented in this act as a composite of the section as amended by	67264
both Sub. S.B. 258 and Am. Sub. S.B. 269 of the 121st General	67265
Assembly. The General Assembly, applying the principle stated in	67266
division (B) of section 1.52 of the Revised Code that amendments	67267
are to be harmonized if reasonably capable of simultaneous	67268
operation, finds that the composite is the resulting version of	67269
the section in effect prior to the effective date of the section	67270
as presented in this act.	67271

Section 238.  Section 3317.03 of the Revised Code is	67272
presented in this act as a composite of the section as amended by	67273
both Am. Sub. H.B. 640 and Sub. S.B. 173 of the 123rd General	67274
Assembly. The General Assembly, applying the principle stated in	67275
division (B) of section 1.52 of the Revised Code that amendments	67276
are to be harmonized if reasonably capable of simultaneous	67277
operation, finds that the composite is the resulting version of	67278
the section in effect prior to the effective date of the section	67279
as presented in this act.	67280

Section 239. * Section 3701.771 of the Revised Code is	67281
presented in this act as a composite of the section as amended by	67282
both Am. Sub. H.B. 117 and Am. Sub. S.B. 162 of the 121st General	67283
Assembly. The General Assembly, applying the principle stated in	67284
division (B) of section 1.52 of the Revised Code that amendments	67285
are to be harmonized if reasonably capable of simultaneous	67286
operation, finds that the composite is the resulting version of	67287
the section in effect prior to the effective date of the section	67288
as presented in this act.	67289

Section 240. * Section 3701.772 of the Revised Code is	67290
presented in this act as a composite of the section as amended by	67291
both Am. Sub. H.B. 117 and Am. Sub. S.B. 162 of the 121st General	67292
Assembly. The General Assembly, applying the principle stated in	67293
division (B) of section 1.52 of the Revised Code that amendments	67294
are to be harmonized if reasonably capable of simultaneous	67295
operation, finds that the composite is the resulting version of	67296
the section in effect prior to the effective date of the section	67297
as presented in this act.	67298

Section 241.  Section 4503.12 of the Revised Code is	67299
presented in this act as a composite of the section as amended by	67300
both Am. H.B. 141 and Am. Sub. S.B. 60 of the 122nd General	67301
Assembly. The General Assembly, applying the principle stated in	67302
division (B) of section 1.52 of the Revised Code that amendments	67303
are to be harmonized if reasonably capable of simultaneous	67304
operation, finds that the composite is the resulting version of	67305
the section in effect prior to the effective date of the section	67306
as presented in this act.	67307

Section 242.  Section 4731.281 of the Revised Code is	67308
presented in this act as a composite of the section as amended by	67309
both Sub. H.B. 511 and Sub. H.B. 585 of the 123rd General	67310
Assembly. The General Assembly, applying the principle stated in	67311
division (B) of section 1.52 of the Revised Code that amendments	67312
are to be harmonized if reasonably capable of simultaneous	67313
operation, finds that the composite is the resulting version of	67314
the section in effect prior to the effective date of the section	67315
as presented in this act.	67316

Section 243. * Section 5101.141 of the Revised Code is	67317
presented in this act as a composite of the section as amended by	67318
both Sub. H.B. 332 and Sub. H.B. 448 of the 123rd General	67319
Assembly. The General Assembly, applying the principle stated in	67320
division (B) of section 1.52 of the Revised Code that amendments	67321
are to be harmonized if reasonably capable of simultaneous	67322
operation, finds that the composite is the resulting version of	67323
the section in effect prior to the effective date of the section	67324
as presented in this act.	67325

Section 244. * Section 5101.80 of the Revised Code is	67326
presented in this act as a composite of the section as amended by	67327
both Am. Sub. H.B. 470 and H.B. 471 of the 123rd General	67328
Assembly. The General Assembly, applying the principle stated in	67329
division (B) of section 1.52 of the Revised Code that amendments	67330
are to be harmonized if reasonably capable of simultaneous	67331
operation, finds that the composite is the resulting version of	67332
the section in effect prior to the effective date of the section	67333
as presented in this act.	67334

Section 245. * Section 5119.61 of the Revised Code is	67335
presented in this act as a composite of the section as amended by	67336
both Am. H.B. 264 and Am. Sub. H.B. 283 of the 123rd General	67337
Assembly. The General Assembly, applying the principle stated in	67338
division (B) of section 1.52 of the Revised Code that amendments	67339
are to be harmonized if reasonably capable of simultaneous	67340
operation, finds that the composite is the resulting version of	67341
the section in effect prior to the effective date of the section	67342
as presented in this act.	67343

Section 246.  Section 5123.71 of the Revised Code is	67344
presented in this act as a composite of the section as amended by	67345
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General	67346
Assembly. The General Assembly, applying the principle stated in	67347
division (B) of section 1.52 of the Revised Code that amendments	67348
are to be harmonized if reasonably capable of simultaneous	67349
operation, finds that the composite is the resulting version of	67350
the section in effect prior to the effective date of the section	67351
as presented in this act.	67352

Section 247.  Section 5123.76 of the Revised Code is	67353
presented in this act as a composite of the section as amended by	67354
both Sub. H.B. 629 and Am. Sub. S.B. 285 of the 121st General	67355
Assembly. The General Assembly, applying the principle stated in	67356
division (B) of section 1.52 of the Revised Code that amendments	67357
are to be harmonized if reasonably capable of simultaneous	67358
operation, finds that the composite is the resulting version of	67359
the section in effect prior to the effective date of the section	67360
as presented in this act.	67361

Section 248. * Section 5727.26 of the Revised Code is	67362
presented in this act as a composite of the section as amended by	67363
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General	67364
Assembly. The General Assembly, applying the principle stated in	67365
division (B) of section 1.52 of the Revised Code that amendments	67366
are to be harmonized if reasonably capable of simultaneous	67367
operation, finds that the composite is the resulting version of	67368
the section in effect prior to the effective date of the section	67369
as presented in this act.	67370

Section 249. * Section 5731.21 of the Revised Code is	67371
presented in this act as a composite of the section as amended by	67372
both Am. Sub. H.B. 313 and Sub. S.B. 108 of the 123rd General	67373
Assembly. The General Assembly, applying the principle stated in	67374
division (B) of section 1.52 of the Revised Code that amendments	67375
are to be harmonized if reasonably capable of simultaneous	67376
operation, finds that the composite is the resulting version of	67377
the section in effect prior to the effective date of the section	67378
as presented in this act.	67379

Section 250. * Section 5739.02 of the Revised Code is	67380
presented in this act as a composite of the section as amended by	67381
Am. Sub. H.B. 138, H.B. 612, and Am. Sub. H.B. 640 of the 123rd	67382
General Assembly. The General Assembly, applying the principle	67383
stated in division (B) of section 1.52 of the Revised Code that	67384
amendments are to be harmonized if reasonably capable of	67385
simultaneous operation, finds that the composite is the resulting	67386
version of the section in effect prior to the effective date of	67387
the section as presented in this act.	67388

Section 251. If any item of law that constitutes the whole or	67389
part of a codified or uncodified section of law contained in this	67390
act, or if any application of any item of law that constitutes the	67391
whole or part of a codified or uncodified section of law contained	67392
in this act, is held invalid, the invalidity does not affect other	67393
items of law or applications of items of law that can be given	67394
effect without the invalid item of law or application. To this	67395
end, the items of law of which the codified and uncodified	67396
sections contained in this act are composed, and their	67397
applications, are independent and severable.	67398